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 II

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

OFFICERS
OP 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 __.______.__________________...______C3erk
HABERSHAM COUNTY

JACK GREEN ..-._....___...._________._.__._ Assistant Clerk
RABUN COUNTY

JANETTE HIRSCH ___..__._.._.________.._.._....._Assistant Clerk
FULTON COUNTY

AMELIA SMITH ,,._____,,,,._,,_________._-........-_..___Assistant Clerk
FULTON COUNTY

ELMORE C. THRASH ,,_._-_._._._--.--_._.-_..-.--_-._-_._.._._.MessMiger
LOWNDES COUNTY

MARION TOMS ____-.-____.__,,__-_._-__._._. _.....
QUITMAN COUNTY

Doorkeeper

WEDNESDAY, MARCH 7, 1973

2181

Representative Hall, Atlanta, Georgia Wednesday, March 7, 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. Fred Glover, Pastor, Tyson Me morial United Methodist Church, Moultrie, Georgia:
O God our Father, as we begin the activity of another day that Thou hast blessed us with, we pray for wisdom, strength, and conscience.
Give us wisdom to discern what is right and good, strength to stand up for that course which Thou hast shown us, and conscience to make us aware when we may stray from it.
We are mere mortals who have been favored by our fellow men and by God with great responsibilities. Each of us have sought that favor and responsibility and have gained it through the confidence of our peers.
May we, through Thy divine guidance, prove worthy of the choice. May we, with Thy assistance, recall the high promises we have made and the opportunity we have been given.
0 God, we seek now to carry out Thy will that in the days remaining to us in this life we may find the true joy of accomplishing the task for which all mortals have been created. One day we shall all be judged and hear our Maker pronounce sentence. Our prayer is that that pronounce ment shall include the words "Well done, thou good and faithful servant."
In the name of Him who lives and moves among us, we beg these things:
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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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 passages of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Wednesday, March 7, 1973, and submits the following:

HB

78. No-Fault Motor Vehicle Insurance

HB

84. Income Tax, Local Option

HB

141. Appropriations, 1973-74

HB

164. Insurance, Lending Institutions

HB

192. Employees' Retirement System, Pension Fund

HB

195. Teachers' Ret. Sys., Disability Retirement

HB

320. County Municipal Planning and Zoning

HB

429. Bldg. Adm. Bd. Office of Housing Section

HB

430. Office of Housing Section, Create

HB

439. Cities and Counties, Budget, Audit (Reconsidered)

HB

465. Jury Selection, Number of Strikes

HB

504. Hospitals & Institutions, Certificate of Need

HB

734. Foreign Judgments, Enforcement of

HB

735. Ground Water Use Act, Definition

HB

737. Alcoholic Beverages, retail sales (Reconsidered)

HB

763. Multiple Prosecutions, Same conduct

HB

784. Landlords, Powers, Rents and Distress Warrant

HB

808. Revenue Bond Law, Disposal of Solid Waste

HB

842. Youthful Offender, Sentencing

HB

891. Motor Vehicle License Plates, Replacement

HB

899. Bicycles, Laws Regulate Operation of

WEDNESDAY, MARCH 7, 1973

2183

HB

922. County Surveyor, Reg. Land Surveyor

HB

926. Ga. Commission for The National Bicentennial Gel.

HB

927. Motor Common Carriers, Service Areas

HB

928. Motor Contract and Common Carriers, Licenses

HR 232- 930. Congress, Capital Gains Treatment of Timber

HR 234- 930. Ga. Marine Whse. Co., Savannah River Bottom

HB

931. Malt Beverages Production Quantity

HB

946. Records & Public Documents, Authentication

HB

947. Civil & Criminal Cases, Notice of Appeal

HB

949. Building & Loan Assn., Conduct Business

HB

969. PSC Cost of Operating

HB

972. Animal Life, Protection of Rare Specimens (Postponed)

HR 256- 978. Juliette G. Low, Hall of Fame

HB 1000. Vital Areas Council, Create

HB 1010. Air Quality Control, Evidence

HB 1028. Unif. Div. of Public Safety, Power of Arrest

HB 1069. Insurance Commissioner, Administrative Fines

HR 291-1110. Atlanta Metro. Rapid Transit Overview Committee

HB 1118. Constitutional Requirement for Appropriations

ALL COMPENSATION RESOLUTIONS

SB

18. Unif. Commercial Code, Clearing Corporation

SB

29. Supreme & Court of Appeals, Interlocutory Appeals

SB

40. Teachers' Retirement System, creditable service

SB

41. Teachers' Retirement System, retire disability

SR

50. Baldwin County, Convey Property

SB

140. Public Transportation, New Code

SB

203. Fiduciaries, Securities Depository

SB

285. Ports, Seaports, Harbors, DOT give aid

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
/s/ Lewis of 77th Lewis of the 77th, Secretary

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JOURNAL OF THE HOUSE,

By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:

HB 1177. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend an Act creating the office of County Commissioner of Haralson County, so as to change the salary of the County Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1178. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Commissioner of Haralson County, so as to change the compensation of the clerical assistant of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1179. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the or dinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1180. By Mr. Lee of the 114th:
A Bill to be entitled an Act to amend an Act relating to the classifica tion of intangible property for taxation and the rates and taxes applied thereon so as to provide that the immunities and exemptions of banks, banking businesses and building loan associations shall not relieve such institutions from the tax imposed on long-term notes secured by real estate; and for other purposes.
Referred to the Committee on Banks and Banking.

HR 315-1180. By Messrs. Adams and Smith of the 74th: A Resolution compensating Mr. Cecil Harris; and for other purposes.
Referred to the Committee on Appropriations.

WEDNESDAY, MARCH 7, 1973

2185

HB 1181. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend Code Section 92-3315, relating to the collection of tax out of the assets of a dissolved corporation, so as to provide that the State Revenue Commissioner shall not have the right to bring any action against a person holding assets of a dissolved corporation for the payment of income taxes except in certain cases; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1182. By Messrs. Fraser of the 117th and Rush of the 104th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Long County on an annual salary in lieu of fees, so as to provide for a clerk of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1183. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to fix the salaries of certain judges of cer tain courts within certain counties (population in excess of 500,000) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1184. By Messrs. Triplett of the lllth, Gignilliat of the 105th, Ellis of the 107th, Chance of the 112th, Alien of the 108th, Jones of the 109th:
A Bill to be entitled an Act to create a new charter for the City of Garden City; to prescribe the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1185. By Mr. Carrell of the 71st:
A Bill to be entitled an Act to amend, consolidate, create, revise and supersede the several Acts incorporating the Town Between the County of Walton; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1186. By Messrs. Dean of the 60th and Mason of the 59th: A Bill to be entitled an Act to amend an Act establishing the State Court

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JOURNAL OF THE HOUSE,

of Gwinnett County, so as to change the compensation for the officers thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1187. By Mr. Edwards of the 95th:
A Bill to be entitled an Act to amend an Act establishing a board of commissioners of Taylor County, so as to change the compensation of the members of said Board; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1188. By Mr. Edwards of the 95th: A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the Ordinary of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the salary of said Ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1189. By Mr. Edwards of the 95th: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner of Taylor County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State planning & Community Affairs--Local Legislation.
HR 317-1189. By Messrs. Williams of the 9th, Pinkston of the 89th, Triplett of the lllth, Logan of the 62nd, Miles of the 79th, Howard of the 19th and Dickey of the 89th: A Resolution creating the Joint Financial Institution Laws Study Com mittee; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 1190. By Messrs. Strickland and Harrison of the 116th:
A Bill to be entitled an Act to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector and the Tax Receiver of Appling County on an annual salary, so as to change the provisions rela tive to deputies of the Sheriff; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, MARCH 7, 1973

2187

HB 1191. By Mr. Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, so as to increase the number of deputy sheriffs; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1192. By Mr. Collins of the 45th:
A Bill to be entitled an Act to amend an Act entitled the "Georgia PostMortem Examination Act, so as to authorize the Department of Public Safety to lease or rent an airplane to be operated by the Director of the State Crime Laboratory on official business; and for other purposes.
Referred to the Committee on Rules.

HB 1193. By Messrs. Waddle of the 98th and Moyer of the 99th:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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

HB 1153. By Mr. Willis of the 119th:
A Bill to be entitled 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.

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 com missioner of Pulaski County, so as to change the compensation of the commissioner; and for other purposes.

HB 1155. 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 Superior Court of Pulaski County upon an annual salary, so as to change the compensation of the clerk; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1156. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to be entitled an Act to amend an Act placing the ordinary of Pulaski County upon an annual salary, so as to change the compensation of the ordinary; and for other purposes.

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.

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 received the same compensation; and for other purposes.

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 office; and for other purposes.

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 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.

HB 1161. By Messrs. Strickland and Harrison of the 116th:
A Bill to be entitled 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.

HB 1162. By Messrs. Knight and Mullinax of the 65th:
A Bill to be entitled an Act to grant municipal and county peace officers arrest powers outside the boundaries of their respective county or mu nicipality in certain situations; and for other purposes.

HB 1163. By Mr. Carrell of the 71st: A Bill to be entitled an Act to amend an Act creating a Board of Com-

WEDNESDAY, MARCH 7, 1973

2189

missioners of Walton County, so as to change the date for the regular meeting of said board; and for other purposes.

HB 1164. By Mr. Oxford of the 101st:
A Bill to be entitled 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.

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.

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.

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.

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.

HB 1169. By Messrs. Strickland and Harrison of the 116th:
A Bill to be entitled an Act to change the compensation of the members of the Board of Education of Appling County; and for other purposes.

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.

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 Jack son County; and for other purposes.

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JOURNAL OP THE HOUSE,

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.

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.

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.

HB 1175. By Messrs. Rush of the 104th and Fraser 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.

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 ar rests and carry weapons; and for other purposes.

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.

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.

SB 241. By Senator Stephens of the 36th: A Bill to be entitled an Act to amend the Criminal Court Act so as to

WEDNESDAY, MARCH 7, 1973

2191

authorize the clerk of said court to dispose of certain records; and for other purposes.

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 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 Sec tion 79A-803, as amended; and for other purposes.

SB 254. By Senators Parker of the 31st and Duncan of 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.

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 direc tors; and for other purposes.

SB 66. By Sentor 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.

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; and for other purposes.
SB 172. By Senator Cleland of the 55th: A Bill to be entitled an Act to provide scholarships to veterans and cer tain members of the Armed Forces; and for other purposes.
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; and for other purposes.

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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.

SB 341. By Senator Broun of the 46th:
A Bill to be entitled an Act to create a new Board of Commissioners of Clarke County; to provide for Commissioner Districts; 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 fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 801. Do Pass, as Amended.
HB 1115. Do Pass.
HB 428. Do Pass, by Substitute. Respectfully submitted, Williams of the 9th, Chairman.

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 368. Do Pass, by Substitute.

HB 369. Do Pass, by Substitute.

HB 1125. Do Pass.

Respectfully submitted, Northcutt of the 68th, Secretary.

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2193

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

SB 195. Do Pass.

SB 16. Do Pass.

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

HB 604. Do Pass, as Amended.

SB 173. Do Pass.

SB 177. Do Pass.

SB 19. Do Pass.

HB 903. Do Pass.

HB 904. Do Pass.

Respectfully submitted, Harrington of the 93rd, 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

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JOURNAL OF THE HOUSE,

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

SB 267. Do Pass.

SB 284. Do Pass.

Respectfully submitted, Mullinax of the 65th, 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 same back to the House with the following recommendations:
HB 576. 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 706. Do Pass, by Substitute.
HB 822. Do Pass.
HB 666. Do Pass.
HB 445. Do Pass, by Substitute.
Respectfully submitted, Snow of the 1st, Chairman.

WEDNESDAY, MARCH 7, 1973

2195

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 follow ing Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 244. Do Pass, by Substitute.

HB 846. Do Pass.

HB 847. Do Pass.

HR 283. Do Pass.

SB 152. Do Pass.

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 Bill of the House and has instructed me to report same back to the House with the following recommendations:
HB 1093. Do Pass.
Respectfully submitted, Dorminy of the 115th, 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-

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JOURNAL OF THE HOUSE,

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

HB 200. Do Pass.

HB 1176. Do Pass.

SB 45. Do Pass.

SB 206. Do Pass.

SB 38. Do Pass.

SB 26. Do Pass.

SB 56. Do Pass, as Amended.

HB 983. Do Pass, as Amended.

Respectfully submitted, Roach of the 8th, 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 and Resolutions of the House and Senate and has in structed me to report same back to the House with the following recommendations:
SB 20. Do Pass.
SB 72. Do Pass, by Substitute.
HB 471. Do Pass, by Substitute.
SR 103. Do Pass.
SR 102. Do Pass.
HB 840. Do Pass, as Amended.
SB 143. Do Pass.

WEDNESDAY, MARCH 7, 1973

2197

SB 144. Do Pass.

SB 146. 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 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 523. Do Pass, by Substitute.
HB 978. Do Pass.
HB 1054. Do Pass.
Respectfully submitted, Horton of the 43rd, Vice-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 Bill of the House and has instructed me to report the same back to the House with the following recommendations:
HB 395. Do Pass, by Substitute.
Respectfully submitted, Levitas of the 50th, Chairman.

2198

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 re port:

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 91- 300. Do Pass, by Substitute.

HR 107- 376. Do Pass.

HB

121. Do Pass, by Substitute.

HB

122. Do Pass, by Substitute.

HB

175. Do Pass, by Substitute.

HB

176. Do Pass, by Substitute.

HB

177. Do Pass, by Substitute.

HB

178. Do Pass.

HB

208. Do Pass, by Substitute.

HB

544. Do Pass, by Substitute.

HB

545. Do Pass, by Substitute.

HB

879. Do Pass.

HB

880. Do Pass, as Amended.

HB

900. Do Pass.

HB

956. Do Pass.

HB

957. Do Pass.

HB 1034. Do Pass, by Substitute.

HB 1047. Do Pass.

HB 1048. Do Pass.

HB 1049. Do Pass.

WEDNESDAY, MARCH 7, 1973

2199

HB 1051. Do Pass.

HB 1052. Do Pass.

HB 1053. Do Pass.

HB 1055. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

Mr. Cole of the 6th District, Vice-Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the follow ing Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1079. Do Pass.

HB 1082. Do Pass.

Respectfully submitted, Cole of the 6th, Vice-Chairman.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 178. By Messrs. Greer of the 43rd, Marcus of the 26th, Brown of the 34th and others:
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 general employees and school teachers in municipalities with over 150,000 popula 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.

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

HB 879. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Ringgold, 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 900. By Messrs. Wilson of the 19th, Kreeger of the 19th, Duke of the 20th and others:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Cobb County, as amended, so as to require the Chairman and all Commissioners to vote in order to take official action on a zoning matter; 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 956. By Messrs. Lewis and McCracken of the 77th and Nessmith of the 76th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Burke County, as amended, so as to change the compensa tion of the members of the Board; and for other purposes.

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

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2201

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

HB 957. By Messrs. Lewis and McCracken of the 77th and Nessmith of the 76th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Burke County, as amended, so as to change the terms of said court; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 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, as amended, so as to change the name of said Town to the City of Snellville; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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HB 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, as amended, so as to change the amount which the sheriff of Barrow County shall be allowed as com pensation for certain deputies and employees; and for other purposes.

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

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

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

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, as amended, so as to change the salary of the mayor and aldermen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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, as amended, 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.

The report of the Committee, 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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2203

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

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, as amended, so as to provide that a candidate for Mayor and City Council must receive a majority of the votes cast to fill such public office; and for other purposes.

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

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

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

HB 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 compen sation, as amended, so as to change the provisions relating to the com pensation of the deputies and the part-time 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 110, nays 0.

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

HB 1039. By Mr. Nessmith of the 76th:
A Bill to amend an Act providing for rural telephone cooperative cor porations and providing for rural telephone service, as amended, so as to provide that rural telephone cooperative corpoartions may exercise certain powers within certain cities of this State; and for other purposes.

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

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

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

HB 1079. By Mr. Dollar of the 63rd:
A Bill to be entitled an Act to provide that the homestead of each resi dent of any county, having a certain population, 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 ; and for other purposes.

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

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

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

HB 1082. By Messrs. Bohannon and Patterson of the 64th:
A Bill to be entitled an Act to provide that the homestead of each resi dent of certain counties who is over 62 years of age 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.

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

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

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

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.

WEDNESDAY, MARCH 7, 1973

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The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874 (Ga. Laws 1874, p. 116, et seq.), and the several Acts amendatory thereof; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE AND IT IS HEREBY ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's ad vertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General As sembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for passage of this local legislation, have been compiled with for the enactment of this law.

Section 2. Section 2 of an Act approved March 15, 1961 (Ga. Laws 1961, p. 2417, et seq.), which amended an Act establishing a new char ter for the City of Atlanta approved February 28, 1874 (Ga. Laws 1874, p. 116, et seq.), is hereby repealed and the following new Section 2 is hereby substituted in lieu thereof:

"Section 2. There shall be assessed, levied and collected an an nual ad valorem tax for the support of public schools and for educa tional purposes, at the millage rate determined by the Board of Edu cation, 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 an nual written request signed by the Chairman of the Board of Edu cation and filed with the Board of Aldermen, the format and time of annual filing of such request to be the only action by the governing authority of the City of Atlanta necessary to levy such tax annually. All revenue derived from school and educational ad valorem tax shall be paid into the treasury of the City of Atlanta and shall be remitted monthly to the Board of Education free from any charge except the direct cost of collecting such tax."

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 herewith are hereby repealed.

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

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

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

HB 122. By Mrs. Hamilton of the 31st:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874 (Ga. Laws 1874, p. 116, et seq.), and the several Acts amendatory thereof; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE AND IT IS HEREBY ENACTED BY THE GENERAL AS SEMBLY OF THE STATE OF GEORGIA that an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874 (Ga. Laws 1874, p. 116, et seq.), and the several Acts amendatory thereof, be and the same are further amended as follows:
Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's ad vertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General As sembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to the publication of notice of intention to apply for the passage of this local legislation, have been compiled with the enactment of this law.
Section 2. The following new Article V containing new Section 7.2.104 is hereby adopted and made a part of the Charter of the City of Atlanta:
"ARTICLE V.
Section 7.2.104. The governing authority of the City of Atlanta may, in their discretion and from time to time, pave or surface or cause to be paved or surfaced, with materials as they shall from time to time select, any one or more streets, alleys or public ways (and include therewith sidewalks, curbs, gutters and driveways or any or none of such works) now existing or hereafter designated,

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accepted or otherwise created, anywhere within the corporate limits of the City as now or hereafter defined and assess the full cost of such paving or surfacing any sidewalk, curb, gutter and driveway upon the real property abutting on each side of the street, alley or public way so improved; provided, however, that the governing authority of the City of Atlanta may, from time to time, adopt and amend standards, rules and regulations under which for any one or more of such projects or parts thereof, the governing authority may allow deferred or installment payments of such assessment and lien not inconsistent herewith for all or different categories of persons owning and living on property abutting such streets where the financial circumstances of all or certain of such persons invite such relief."

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 or parts of laws in conflict herewith are hereby repealed.

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

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 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.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act approved February 15, 1933 (Ga. L. 1933, pp. 213 et seq.), providing for pensions for members of Police Departments in cities having a population of 150,000 or more ac cording to the last census of the United States or any subsequent census thereof and for other purposes more fully set out in the caption of said Act, and the several Acts amendatory thereof, providing for a system of pensions and other benefits for such members and their dependents; so as to provide that there shall be changed from ten (10) to five (5)

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years the period of active service required of an employee before com pensation would become payable by virtue of the death of such employee other than in line of duty; so as to provide that there shall be changed from ten (10) to five (5) years the required period of active service or employment of an employee before such employee would be entitled to receive a disability pension because of total and permanent disability because of accident, injuries or illness outside of police duties, and not from the employee's own indiscretion; so as to change certain of the population figures and census contained therein; so as to repeal conflitcing laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, and it is hereby enacted by authority of same, that the Act described in the caption hereof, as amended, be and the same is hereby further amended as follows:

Section 1. By stirking the words and figures "ten (10) years" from the first sentence of the amended Section VI as set forth in Sec tion 3 of an Act approved March 4, 1966 (Ga. L. 1966, pp. 3172, et seq.), which amended Section 1 of an Act approved April 5, 1961 (Ga. L. 1961, pp. 3466, et seq.), which amended an Act approved March 26, 1947 (Ga. L. 1947, pp. 675, et seq.), all of said Acts being amendments to the Act set forth in the caption of this Act; and by enacting in lieu thereof the words and figures "five (5) years"; and by striking the third sentence of said Section in its entirety and by enacting in lieu thereof the follow
ing sentence:

"To illustrate, for five (5) years of service the beneficiary would be entitled to three-fourths (%) of five-twentyfifths (5/25) of the full pension the deceased policeman would have been entitled to had he served twenty-five (25) years, and for any number of years of service beyond five (5) years and not more than twentyfour (24) years the beneficiary would be entitled to three-fourths (%) of whatever proportion of the pension the deceased would have been entitled to for twenty-five (25) years service as the number of years of active service bears to twenty-five (25)."

so that said Section, as amended, shall read as follows:

"Where any policeman participating in the provisions of this Act shall die while in active service and after having not less than five (5) years of active service prior to his death, his widow, pro vided she has been designated as beneficiary, was the lawful wife of such policeman at the time of his death and had been married to him for at least one year prior to his death, shall be entitled to re ceive a pension during her life or until she remarries, representing three-fourths (%) of the amount that said policeman would have been entitled to receive in the future had such policeman not died but had become as of the date of his death totally and permanently disabled within the provisions of this Act from accident, injuries or illness outside of police duties and not from his own indiscretion. Such pension shall be graduated according to the length of service of the deceased policeman before his death. To illustrate, for five (5) years of service the beneficiary would be entitled to threefourths (%) of five-twentyfifths (5/25) of the full pension the

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2209

deceased policeman would have been entitled to had he served twenty-five (25) years, and for any number of years of service beyond (5) years and not more than twenty-four (24) years the beneficiary would be entitled to three-fourths (%) of whatever proportion of the pension the deceased would have been entitled to for twenty-five (25) years service as the number of years of active service bears to twenty-five (25). In determining the number of years of service fractional parts of years shall be counted. To il lustrate, if the deceased policeman had served eighteen (18) years and nine (9) months, the beneficiary would be entitled to threefourths (%) of eighteen and seventy-five one-hundreds twentyfifths of the pension the deceased would have been entitled to had he served twenty-five (25) years. In the event of the death or remar riage of such policeman's widow, while receiving such pension and there then be a minor child or children of such policeman under sixteen (16) years of age, such pension shall be continued to such child or children until the youngest child shall attain the age of sixteen (16) years. If such policeman dies while on active duty without leaving a widow who is entitled to a pension under the pro visions hereof but should leave a minor child or children under six teen (16) years of age, and has been paying the percentage of his salary provided under this Act for a beneficiary, then a pension graduated as herein provided shall be paid to such minor child or children until the youngest reaches the age of sixteen (16) years. The foregoing provisions shall be retroactive to March 26, 1947."

Section 2. By striking in the first sentence and condition of Sec tion 4a the words and figures "10 years", as contained in Section 4 of this Act approved March 4, 1966 (Ga. L. 1966, pp. 3172, et seq.), which amended Section 4a as contained in Section 4 of an Act approved March 8, 1945 (Ga. L. 1945, pp. 1067, et seq.), which amended Section 2 of an Act approved March 16, 1939 (Ga. L. 1939, pp. 356, et seq.), all of said Acts being amendments to the Act set forth in the caption of this Act, and enacting in lieu thereof the figures and words "five (5) years", so that said Section, as amended, shall read as follows:
"Section 4a. Any member of said pension fund who shall here inafter become because of accident, injuries or illness outside of police duties, and not from his own indiscretion, totally and per manently disabled within the meaning of said term as defined by law, may apply for a disability pension and if such pension is ap proved by a majority of the Board of Trustees the same shall be granted upon the following conditions: No person shall be granted any pension whatsoever for such disability until such person has been in the employment of the department for a period of five (5) years. Such person shall be entitled to receive as a pension such per centage of the full pension provided for as his years of service bears to twenty-five (25) years. That is to say, a person granted a pension at the expiration of ten (10) years shall be entitled to ten-twentyfifths (10/25) of the amount he would receive had he served a period of twenty-five (25) years. To illustrate, if he has served eleven (11) years, he would receive eleven-twentyfifths (11/25) of the amount he would have received if he had served twenty-five (25) years, or, if such person had served twenty (20) years, he would receive twenty-twenty-fifths (20/25) of whatever sum he would receive had he served twenty-five (25) years. In de-

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termining the number of years of service fractional parts of years shall be counted. That is to say, a person who has served eighteen (18) years and nine (9) months would be pensioned on a basis of eighteen and seventy-five one-hundredths twentyfifths (18.75/25) of the full pension or for eighteen (18) and three-fourths (%) years of service. The disability pensions herein provided for shall be con tinued to the beneficiary after the death of such pensioner at threefourths (%) of the rate paid the pensioner wherever a provision had been made for the beneficiary. Where no beneficiary has been named, or none exists, the disability pension shall cease at the death of the pensioner."

Section 3. By repealing the words "ten years" in Section 6 of an act approved March 13, 1957 (Ga. L, 1957, pp. 3244, et seq.), which was an amendment to the Act set forth in the caption of this Act, and by substituting in lieu thereof the words "five years", so that said Section, as amended, shall read as follows:

"Any person entitled to disability benefits arising from disa bility not in line of duty under the provisions of this Act, as amended, may receive such benefits after he has been in the active employ ment of the City for a period of five years."

Section 4. An Act approved February 15, 1933 (Ga. L. 1933, pp. 213, et seq.), providing for pensions for members of police departments in cities having a population of 150,000 or more according to the last census of the United States or any subsequent census thereof and for other purposes more fully set out in the caption of said Act, and the several Acts amendatory thereof, providing a system of pensions and other benefits for such members and their dependents, is hereby amended so as to change certain of the population figures and census contained in said Act and the amendments thereto by striking therefrom, wherever the same may appear, the following:

"having a population of 150,000 or more according to the last census of the United States",

and by inserting in lieu thereof the following:

"having a population of 300,000 or more, according to the United States Decennial Census of 1970, or any such future census".

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 herewith 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.

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2211

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

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 for other pur poses.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the Act approved August 20, 1972 (Ga. L. 1972, pp. 265, et seq.), as amended, providing that cities having a population of more than 200,000 (as provided in an amendment to said Act in Ga. L. 1972, p. 3801, Sec. 1, approved April 13, 1972), as disclosed by the United States Census of 1920, or any subsequent census, and having a population of more than 300,000 (as provided in an amendment to said Act in Ga. L. 1972, p. 3803, Sec. 1, approved April 13, 1972), ac cording to the United States Decennial Census of 1970, or any such fu ture census, shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act and the several Acts amendatory of said Act, so as to provide additional pension benefits; to provide credit for prior service for teachers in Ameri can dependent schools; to provide credit for prior service with the city as a temporary or part-time employee; to provide that payments of employee and employer contributions seeking credit for prior service shall be computed on the gross salary received by such person at the time of employment or reemployment of such person as a regular employee of the city, or at the time of application for credit for part time or tem porary employment with the city; to repeal Sec. 1 of an amendment to said Act, approved April 13, 1972 (Ga. L. 1972, p. 2801), so as to remove the conflict in the population figures of the amendments to said Act; to repeal Sec. 2 of an amendment to said Act, approved April 13, 1972 (Ga. L. 1972, p. 3801), so as to place the granting of credit for prior service of teachers teaching in American dependent schools under the provisions of the law governing credit for prior service for all teachers and general employees; to repeal an amendment to said Act, approved March 28, 1961 (Ga. L. 1961, p. 2631), the time provided in said Act for making application for credit for prior service having expired; to repeal Sees. 1 through 7 of an amendment to said Act, approved March 3, 1962 (Ga. L. 1962, p. 2965), codified as Sec. 11.1.46 in the Charter and Related Laws of the City of Atlanta, Georgia, the time provided in Sec. 4 of said Act for making of application for credit for prior service having expired, to repeal an amendment to said Act, approved March 10, 1962 (Ga. L. 1964, p. 2564), the time provided in Sec. 2 of said Act for the making of application for credit for prior service having expired; to repeal an amendment to said Act, approved April 8, 1965 (Ga. L. 1965, p. 3399), codified as Sec. 11.1.46.1 in the Charter and Related Laws of the City of Atlanta, Georgia, the time provided in Sec. 2 for the making of application for credit for prior service having expired;

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to repeal an amendment to said Act, approved March 2, 1966 (Ga. L. 1966, p. 2976), the time provided in Sec. 2 of said Act for the making of application for credit for prior service having expired; to repeal an amendment to said Act, approved March 7, 1966 (Ga. L. 1966, p. 3309), the time provided in Sec. 2 of said Act for the purpose of making ap plication for credit for prior service having expired; to repeal conflict
ing laws; and for other purposes.

BE AND IT IS HEREBY ENACTED BY THE GENERAL AS SEMBLY OF THE STATE OF GEORGIA:

Section 1. That the Act approved August 20, 1972 (Ga. L. 1972, pp. 265, et seq.), as amended by Acts approved April 3, 1972 (Ga. L. 1972, p. 3801, Sec. 1) ; approved April 15, 1969 (Ga. L. 1969, p. 2625) ; approved March 28, 1961 (Ga. L. 1961, p. 2631) ; approved March 3, 1962 (Ga. L. 1962, p. 2965) ; approved March 10, 1964 (Ga. L. 1964, p. 2564) ; approved April 8, 1965 (Ga. L. 1965, p. 3399) ; approved March 2, 1966 (Ga. L. 1966, p. 2976) ; approved March 7, 1966 (Ga. L. 1966, p. 3309), be and it is hereby further amended as hereinafter set forth in this Act.

Section 2. That part of Sec. 1 of an amendment to said Act ap proved April 16, 1969 (Ga. L. 1969, p. 2625), which reads as follows, is hereby stricken in its entirety:

"Any person, made eligible for pension benefits by the Act ap proved on August 20, 1927 (Ga. Laws 1927, pp. 265 et seq.), now employed, or who may hereafter become employed by the city and who, prior to employment with city, was employed by the State of Georgia or political subdivision thereof to render service within the county in which such city is located in whole or in part, or who was employed as a teacher in a public school system or in a public or private college or university, may receive credit for such service for pension benefits under this act, as amended, upon the following terms and conditions:

" (1) No credit may be given for part time or temporary service.

"(2) Such person may be eligible for prior service credit after having been continuously employed by such city for a period of five years and after having filed application with the board of trustees for prior service credit for a period of five years."

and the following is hereby substituted in lieu thereof:

"Any person, made eligible for pension benefits by the Act ap proved on August 20, 1927 (Ga. L. 1927, pp. 265, et seq.), now em ployed, or who may hereafter become employed by the city, and who, prior to employment with the city, was employed by the State of Georgia or political subdivision thereof to render service within the county in which such city in located in whole or in part, or who was employed as a teacher in a public school system or in a public or private college or university or in an American dependent school, or who was previously employed by the city as a temporary em-

WEDNESDAY, MARCH 7, 1973

2213

ployee or on a part time basis, may receive credit for such service for pension benefits under this Act, as amended, upon the following terms and conditions:

"(1) No credit may be given for part time or temporary service unless such part time or temporary service was rendered while being so employed by the city.

"(2) Such person may be eligible for prior service credit after having been continuously employed by such city for the period of five years and after having filed application with the board of trustees for prior service credit for a period of five years; provided, however, the person claiming prior service credit for prior employ ment as a regular, temporary, or part-time employee of the city may be eligible for such prior service credit immediately upon filing application for same."

Section 3. Paragraph 3 of Sec. 1 of an amendment to said Act, ap proved April 15, 1969 (Ga. L. 1969, p. 2625), codified as a portion of Sec. 11.1.43 of the Charter and Related Laws of the City of Atlanta, Georgia, is hereby amended by adding to the end of said paragraph 3 the following:

"As to credit for part time or temporary service with the city, such prior service credit shall be on the basis of one day for each one day worked by such person as a temporary employee or on a part time basis, and such credit for prior service shall be credited to such person immediately upon application and the payment of the amount of money as provided for and determined hereinafter in paragraph 4 of Sec. 1 of Ga. L. 1969, p. 2625, as amended, except that the amount required to be paid into the retirement system of the city shall be based upon gross salary of such person at the time such person makes application for credit for prior service."

so that said paragraph 3 of Sec. 1 shall read as follows:
"Prior service credit may be granted to such person eligible and continuing in the service of such city commencing six (6) years from the date of the application for prior service credit for each year, such person shall continue in the service of such city until a maximum of ten (10) years of prior service credit is given such person. In the event of compulsory retirement, fractional parts of years of prior service credit will be credited such person based upon fractional parts of years served with such city and credited for pen sion purposes prior to compulsory retirement. As to credit for part time or temporary service with the city, such prior service credit shall be on the basis of one day for such one day worked by such person as a temporary employee or on a part time basis, and such credit for prior service shall be credited to such person immediately upon application and the payment of the amount of money as pro vided for and determined hereinafter in paragraph 4 of Sec. 1 of Ga. L. 1969, p. 2625, as amended, except that the amount required to be paid into the retirement system of the city shall be based upon gross salary of such person at the time such person makes ap plication for credit for prior service."

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Section 4. Paragraph 4 of Sec. 1 of an amendment to said Act, approved April IB, 1969 (Ga. L. 1969, pp. 2625, 2626), codified as a portion of Sec. 11.1.43 of the Code of Ordinances of the City of Atlanta, Georgia, is hereby amended by repealing the same in its entirety and by substituting in lieu thereof the following:

"(4) In order to receive such prior service credit, such person must pay into the retirement system of such city, based upon the gross salary of such person at the time of employment or reemployment as a regular employee with the city, as the case may be, an amount of money equal to the amount such person would have been required to pay had he been employed by such city at said gross salary during the prior service; and in addition thereto such person shall pay an amount equal to the amount such city would have been required to pay had such person been employed by such city at said gross salary during the prior service, except, however, if such per son is being reemployed by such city as a regular employee and claiming credit for prior service as a regular employee with such city, itself, then, as to the amount which the city would have been required to pay, such person shall only be required to pay an amount equal to the amount such city would have been required to pay had such person been employed by such city at said gross salary during the prior service with an employer other than such city. Provided, however, that such persons, other than teachers claiming prior ser vice with school systems outside the State of Georgia ('teachers' be ing defined as meaning any person employed as a classroom teacher or in the supervision of the public schools of any such city, and shall include administrative officials therein), employed on or before April 1, 1969, and otherwise fulfilling the requirements provided for in this Act, shall not be required to pay an amount of money equal to that which would have been paid by the city had such per son, other than teachers, been employed by such city during the prior service. The Board of Trustees shall formulate rules and regulations as they deem necessary for the payment of such funds and may pro vide for deferred payments with interest at six percent (6%) per annum."

Section 5. The following amendments, or parts thereof, as herein after specified, to the Act described in the caption hereof, are hereby repealed: Section 1 of the Act approved April 3, 1972 (Ga. L. 1972, p. 3801), which changes the population figure; Section 2 of the Act ap proved April 3, 1972 (Ga. L. 1972, p. 3801), which provided credit for prior service for teachers in American dependent schools; an Act ap proved March 28, 1961 (Ga. L. 1961, p. 2631), previously codified as Sec. 11.1.44 of the Charter and Related Laws of the City of Atlanta, Georgia, which provided credit for prior service; an Act approved March 3, 1962 (Ga. L. 1962, p. 2965), formerly codified as Sec. 11.1.46 of the Charter and Related Laws of the City of Atlanta, Georgia, which pro vided credit for prior service; an Act approved March 10, 1964 (Ga. L. 1964, p. 2564), which provided credit for prior service; an Act approved April 8, 1965 (Ga. L. 1965, p. 3399), formerly codified as Sec. 11.1.46.1 of the Charter and Related Laws of the City of Atlanta, Georgia, which provided credit for prior service; an Act approved March 2, 1966 (Ga. L. 1966, p. 2976), which provided credit for prior service; and an Act approved March 7, 1966 (Ga. L. 1966, p. 3309), which provided credit
for prior service.

WEDNESDAY, MARCH 7, 1973

2215

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 ayes were 110, nays 0.

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

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 pur poses.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the Act approved August 13, 1924 (Ga. L. 1924, p. 167, et seq.), and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid Fire Departments in cities having a population of more than 150,000 as disclosed by the United States census of 1920, or any subsequent census; so as to provide for the payment of a pension to the widow of any mem ber or pensioner whose death should occur not in line of duty but after such member or pensioner had completed five (5) years of active service or employment prior to his death; so as to provide that there shall be changed from ten (10) to five (5) years the period of time which one otherwise entitled to disability benefits might receive such after being in the active employment of the City; so as to change certain of the population figures and census contained therein; so as to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, and it is hereby enacted by authority of same, that the Act described in the caption hereof, as amended, be and the same is hereby further amended as follows:
Section 1. By striking Section 5a, as contained in Section 3 of an Act approved March 4, 1966 (Ga. L. 1966, pp. 2996, et seq.), which amended Section 5a, as contained in Section 3 of an Act approved March 9, 1945 (Ga. L. 1945, pp. 1080, et seq.), which amended an Act approved March 28, 1935 (Ga. L. 1935, pp. 450, et seq.), which amended an Act

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approved August 24, 1931 (Ga. L. 1931, pp. 223, et seq.), all of said Acts being amendments to the Act set forth in the caption of this Act,
and enacting in lieu thereof the following so as to provide for the pay ment of a pension to the widow of any member or pensioner whose death should occur not in line of duty but after such member or pensioner had
completed five years of active service or employment prior to his death, and so as to provide that there shall be changed from ten to five years
the period of time which one otherwise entitled to disability benefits might receive such after being in the active employment of the city:

"Section 5a. Should any member become totally disabled not in
line of duty but not on account of injuries or ill health brought about on account of his own indiscretion so as to make such member unfit for fire duty or service, he shall receive a pension graduated as fol
lows: After five (5) years of service, he shall be entitled to receive as a pension five-twentyfifths (5/25) of the pension that he would receive if he had served twenty-five (25) years, and each thereafter
there shall be a graduated increase based upon the number of years that he serves as bears to his years of service based upon the twenty-
five (25) years. To illustrate, if he becomes totally disabled after eleven (11) years of service, he would be entitled to receive eleventwentyfifths (11/25) of the full pension that he would be entitled
to after twenty-five (25) years of service and progressively there after, so that if he should become disabled after twenty-four (24) years of service, he would be entitled to receive twenty-four twenty-
fifths (24/25) of the pension he would be entitled to after serving twenty-five (25) years, but in no event shall be receive more than twenty-five twentyfifths (25/25) of the amount of pension he would
have received after serving twenty-five (25) years.

"Upon the death of any member or pensioner not in line of duty
but after the completion of five (5) years of active service or em ployment prior to the date of such death, his widow, if any, shall be paid during the rest of her life or until she remarries three-fourths (3/4) of the pension that the member or pensioner would have been
entitled to if he himself had applied for a pension at the time of his death and graduated according to the length of service of the
deceased husband before his retirement on account of disability or before his death and the said graduated scale shall be on the same ratio and computed in the same manner as set out above in this sec
tion as to a member becoming totally disabled after five (5) years of service and applying for a disability pension except that the
widow shall be entitled to only three-fourths (3/4) of the amount of pension that her husband would have been entitled to. To illustrate,
after five (5) years of service, she would be entitled to three-fourths (3/4) of five-twentyfifths (5/25) of the full pension that her hus
band would have been entitled to if he had served twenty-five (25) years, the illustrations as applied to the first part of this Act are applicable here except that the widow would only be entitled to re
cover three-fourths (3/4) of the amount that her deceased husband would have been entitled to. Provided, however, that no such widow
shall receive any sum hereunder, unless she was the lawful wife of said pensioner prior to the time he became disabled. If said pensioner
or member die without leaving a widow, or if pensioner's widow was not the lawful wife of pensioner prior to his disability, the
pensioner's minor child or children except children adopted subse-

WEDNESDAY, MARCH 7, 1973

2217

quent to said pensioner's retirement from active service shall be paid the same gross sums according to the same graduated scale as set out above for the widow until such child or children reach the age of sixteen (16) years. In determining the number of years of ser vice, fractional parts of years shall be counted. That is to say, the person who has served eighteen (18) years and nine (9) months would be pensioned on a basis of eighteen and seventy-five onehundredths twentyfifths (18.75/25) of the full pension or for eigh teen (18) and three-fourths (3/4) years of service."

Section 2. By repealing the words "ten years" in Section 6 of an Act approved March 13, 1957 (Ga. L. 1957, pp. 2854, et seq.), which was an amendment to the Act set forth in the caption of this Act, and by substituting in lieu thereof the words "five years", so that said Sec tion, as amended, shall read as follows:

"Any person entitled to disability benefits arising from disabil ity not in line of duty under the provisions of this Act, as amended, may receive such benefits after he has been in the active employ ment of the city for a period of five years."

Section 3. An Act approved August 13, 1924 (Ga. L. 1924, p. 167, et seq.), and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid Fire Departments in cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, so as to change certain of the population figures and census contained therein, is hereby amended by striking therefrom, wherever the same may appear, the following:

"having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census;",

and by inserting in lieu thereof the following:

"having a population of more than 300,000 as disclosed by the United States Decennial Census of 1970, or any such future census;".

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

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

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

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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 De cember 20 in each year as is done by Fulton County; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereof, particularly an Act approved February 20, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2490) ; to repeal conflicting laws; and for other purposes.
BE AND IT IS HEREBY ENACTED BY THE GENERAL AS SEMBLY OF THE STATE OF GEORGIA that an Act entitled "An Act to establish a new Charter for the City of Atlanta", approved February 28, 1874, and the several Acts amendatory thereof, particularly an Act approved February 20, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2490), be further amended as follows:
Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General As sembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law.
Section 2. That Section 2 of an Act approved February 20, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., pp. 2490, 2491), be amended by strik ing therefrom the words "December 1st" wherever they appear and sub stituting in lieu thereof the words "December 20th"; and by striking the words "December 2nd" and substituting in lieu thereof the words "De cember 21st" so that said Section 2, when amended, should read as follows:
"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 entire tax or the unpaid balance of the entire tax on December 20th and shall bear interest from August 15; provided however, if December 20th of any year shall fall on Sunday, then the fi. fa. shall be dated December 21st."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

WEDNESDAY, MARCH 7, 1973

2219

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 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, as amended, so as to change the compensation of the mayor and council; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, approved February 24, 1874 (Ga. Laws 1874, p. 181), as amended, so as to change the compensation of the mayor and council; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA, and it is hereby enacted by authority of same, that the Act de scribed in caption hereof, as amended, be and the same is hereby further amended as follows:
Section 1. From and after the passage of this Act, the mayor of the City of Dalton shall receive an annual salary of $2,400.00 per annum payable in equal monthly installments from the funds of the City of Dalton. The councilmen of the City of Dalton shall receive an annual salary of $1,800.00 payable in equal monthly installments from the funds of the City of Dalton.
Section 2. This Act shall become effective January 1, 1974.
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.

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JOURNAL OP THE HOUSE,

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

HB 545. By Messrs. Cole and Poster 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, as amended, so as to change the compensation of the recorded of said City; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, approved February 24, 1874 (Ga. Laws 1874, p. 181), as amended, so as to change the compensation of the recorder of said City; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA, and it is hereby enacted by authority of same, that the Act de scribed in caption hereof, as amended, be and the same is hereby further amended as follows:
Section 1. From and after the passage of this Act, the recorder shall receive an annual salary of $4,800.00 payable in equal monthly in stallments from the funds of the City of Dalton.
Section 2. This Act shall become effective January 1, 1976.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

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

WEDNESDAY, MARCH 7, 1973

2221

pensation, as amended, so as to provide additional deputies for the sheriff; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 880 as follows:
By striking from Section 2, beginning in line 17 of page 3, the following:
"The governing authority of Catoosa County shall furnish the sheriff three vehicles and equipment therefor, annually and the cost thereof shall be paid from the funds of Catoosa County, in addi tion to the funds specified in this Section."
and substituting in lieu thereof, the following:
"The four vehicles provided for in Section 6A shall be paid from the funds of Catoosa County in addition to the funds specified in this Section."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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, as amended, so as to change the compensation provisions relating to the solicitor of said court; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the State Court of Effingham County (formerly known as the City Court of Springfield), approved July 20, 1908 (Ga. Laws 1908, p. 211), as amended, particular ly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3592), so as to change the compensation provisions relating to the solicitor of said

2222

JOURNAL OF THE HOUSE,

court; to change the provisions relating to the practice of law by the solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act creating the State Court of Effingham County (formerly known as the City Court of Springfield), approved July 20, 1908 (Ga. Laws 1908, p. 211), as amended, partciularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3592), is hereby amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows:

"Section 4A. The solicitor of said court shall receive a. salary of $5,000.00 per annum which shall be payable in equal monthly installments from the funds of Effingham County, and it shall be the duty of the board of commissioners of said county to make pro vision annually in levying taxes for this purpose, and in addition he shall receive reimbursement of all expenses incurred by him in the prosecution before appellate courts of cases originating in the State Court of Effingham County. Said salary and expenses shall be in lieu of all fees allowed by law. Said solicitor shall receive no other compensation for his services and may practice law in any court with the exception of representing defendants in criminal cases in the State Court of Effingham County, Georgia."

Section 2. Said Act is further amended by striking in its entirety Section 3 of said 1972 Act, which read as follows:

"Section 3. This Act shall be effective on January 1, 1974."

Section 3. This Act shall become effective on January 1, 1975.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

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

WEDNESDAY, MARCH 7, 1973

2223

HR 107-376. By Messrs. Lane of the 40th, Greer and Hawes of the 43rd and Hill of the 41st:

A RESOLUTION
Proposing an amendment to the Constitution to authorize the City Council of the City of East Point to provide an ordinance from time to time for the increase of retirement or pension benefits of retired per sons who retired pursuant to any retirement system, pension system or any similar system heretofore or hereafter created by law and to authorize the City Council of said City to appropriate funds for such purpose; 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 I, Paragraph II of the Constitution is hereby amended by adding to the end thereof the following:

"Any other provision of this Constitution to the contrary not withstanding the City Council of the City of East Point is hereby authorized to provide from time to time for the increase of retire ment or pension benefits of retired persons who retired pursuant to any retirement sytesm, pension system or any similar system heretofore or hereafter created by the governing authority of the City of East Point. All funds of any such retirement system can be utilized for the purpose provided herein."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to ( ) NO authorize an increase in retirement benefits of retired employees of the City of East Point?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All person desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

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JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey 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, S.
Coney
Connell
Davis, E. T.
Davis, W.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dixon Dollar
Dorminy
Duke

Edwards Egan Elliott Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Greer Groover Harrington Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R.
Johnson
Jones
Jordan
Keyton
King
Kreeger
Lambert
Lane, Dick
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lewis
Logan
Marcus
Mason
Matthews, C.
Mauldin
McCracken
McDaniell
McKinney

Milford Miles Morgan Moyer Mulherin Murphy Nix Northcutt Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Ritchie Roach Ross Rush Russell, J. Russell, W. D. Shanahan
Smith, J. R.
Smith, V. B.
Snow
Stephens
Strickland
Sweat
Thompson
Triplett
Turner
Twiggs
Waddle
Walker
Wall
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

WEDNESDAY, MARCH 7, 1973

2225

Those not voting were Messrs.:

Adams, John Beckham Brantley, H. L. Collins, M. Colwell Daugherty Dickey Ellis Evans Ezzard Farrar Gignilliat Grantham Hamilton Harden

Harris, J. F. Hawes Hill, G. Horton, W. L. Irvin, R. Jessup Knight Lane, W. J. Lowrey Matthews, D. R. McDonald Mullinax Nessmith Odom Patten, R. L.

Petro Pinkston Reaves Rogers Sams Savage Shepherd Thomason Toles Townsend Tucker Vaughn Wamble 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 135, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.
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 a population of more than 300,000 as disclosed by the United States Decennial Census of 1970, or any future census, the General Assembly shall be authorized 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 system, pension system or any similar system, which such system was created 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 VII, Section I, Paragraph II of the Constitution, as amended, is hereby amended by adding at the end thereof a new para graph to read as follows :
"Any other provisions of this Constitution to the contrary not withstanding, in all cities of this State having a population of more

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JOURNAL OF THE HOUSE,

than 300,000 as disclosed by the United States Decennial Census of 1970, or any such future census, the General Assembly is hereby authorized 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 system, pension system or any similar system, which such system was created by law and such law provided that such system be funded wholly or partly from fines and forfeitures. No formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the system who have not retired, nor shall any such formerly retired person receive any increased benefits unless all formerly retired persons entitled to receive such increased benefits
participate pro rata therein."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

" ( ) YES Shall the Constitution be amended so as to pro vide that in all cities of this State having a popu lation of more than 300,000 as disclosed by the United States Decennial Census of 1970, or any
( ) NO such future census, the General Assembly shall be authorized to provide by law, from time to time, for the increase of retirement or other bene fits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system, which such system was created by law?"

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.

If such amendment shall be ratified as provided in said Paragraph

The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that in all cities of this State having a population of more than 300,000, as disclosed by the United States Decennial Census of 1970, or any such

WEDNESDAY, MARCH 7, 1973

2227

future census, the governing authority shall be authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have retired from employment with any such municipal corporation and who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law; to authorize such municipal corporations to appropriate funds for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"Any other provisions of this Constitution to the contrary not withstanding, in all cities of this State having a population of more than 300,000, as disclosed by the United States Decennial Census of 1970, or any such future census, the governing authority of any such municipal corporation is hereby authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have retired from employment with any such municipal corpora tion and who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law to which any such municipal corporation appropriates funds. The governing authority of any such municipal corporation is hereby authorized to appropriate funds for the pur pose of increasing the retirement or pension benefits of such retired person."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to pro vide that in all cities of this State having a popu lation of more than 300,000, as disclosed by the United States Decennial Census of 1970, or any
( ) NO such future census, the governing authority shall be authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have retired from employment with any such municipal corporation pursuant to any retirement system, annuity and benefit fund, pen sion system or similar system heretofore or here after created by law, and to authorize such mu nicipal corporations to appropriate funds for such purposes?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

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JOURNAL OF THE HOUSE,

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this
State.

The report of the Committee, which was favorable to the adoption of the Resolution, 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, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey 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, S. Coney Connell Davis, E. T. Davis, WDean, Gib Dean, J. E.

Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Egan Elliott Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Greer Groover Harrington Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Johnson Jones Jordan Keyton King Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W.

Lee, W. J. (Bill)
Lee, W. S. Levitas Lewis Logan Marcus Mason Matthews, C. Mauldin McCracken McDaniell McKinney Miles Milford Morgan Moyer Mulherin Murphy Nix Northcutt Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Ritchie Roach Ross Rush Russell, J. Russell, W. D. Shanahan Smith, J. R. Smith, V. B. Snow Stephens

Strickland Sweat Thompson Triplett Turner Twiggs

WEDNESDAY, MARCH 7, 197."

2229

Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A.

litimire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs. :

Adams, John Beckham Brantley, H. L. Collins, M. Colwell Daugherty Dickey Ellis Evans Ezzard Farrar Gignilliat Grantham Hamilton Harden

Harris, J. F. Hawes Hill, G. Horton, W. L. Irvin, R. Jessup Knight Lane, W. J. Lowrey Matthews, D. R. McDonald Mullinax Nessmith Odom Patten, R. L.

Petro Pinkston Reaves Rogers Sams Savage Shepherd Thomason Toles Townsend Tucker Vauhgn Wamble Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the adoption of the Resolution, by substitute, the ayes were 135, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted, by substitute.

Mr. Berlin 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 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 pur poses.

The motion prevailed and HB 37 was reconsidered.

2230

JOURNAL OF THE HOUSE,

Mr. Horton of the 43rd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

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 with certain political subdivisions and combinations thereof; and for other purposes.

The motion prevailed and HB 319 was reconsidered.

Mr. Geisinger of the 44th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

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.

The motion prevailed and HB 697 was reconsidered.

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 33. By Senator Stephens of the 36th:
A Bill to fix the salary of the First Assistant Solicitors of the Criminal Court of Fulton County.

SB 79. By Senator Stephens of the 36th:
A Bill to amend an Act authorizing the Board of Commissioners of Ful ton County to establish rules and regulations governing the payment of pensions to county employees, so as to provide that members of the pen sion fund shall include employees of the Atlanta-Fulton County recrea tion authority provided such employees are employed by Fulton County.

WEDNESDAY, MARCH 7, 1973

2231

SB 80. 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 so as to provide prior service credit for service as an employee of the Atlanta-Fulton County recreation authority.

SB 92. By Senator Stephens of the 36th:
A Bill to amend "An Act to provide in Fulton County a system for pen sion and retirement pay to teachers and employees of the Board of Edu cation . . ." as amended, so as to provide that in computing pension benefits the average monthly salary during the highest 3 years of ser vice shall be the definition of monthly earnings.

SB 93. By Senator Stephens of the 36th:
A Bill to amend an Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Educa tion", as amended, so as to increase the amount of dependent benefits from 60'/0 to 70%.

SB 94. By Senator Stephens of the 36th:
A Bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees . . .", as amended, so as to provide prior service credit for active full time military duty provided for teachers is extended to other employees.

SB 101. By Senator Stephens of the 36th:
A Bill to amend an Act authorizing the Board of Commissioners of Ful ton County to establish rules and regulations governing the payment of pensions to county employees of said county, as amended, so as to autho rize participation by certain officers and employees of Fulton County.

SB 349. By Senator Webb of the llth : A Bill to repeal an Act creating the State Court of Miller County, as amended; to provide for the disposition of all suits, cases, papers, pro cesses, books, indexes, and all other matters and materials of said court.
SB 354. By Senator Kidd of the 25th: A Bill to change the corporate limits of certain municipalities.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:

2232

JOURNAL OF THE HOUSE,

HB 726. By Messrs. Dollar of the 63rd, Bohannon and Patterson of the 64th:
A Bill to amend an Act placing the clerk of the superior court, sheriff, ordinary and tax commissioner of Douglas County on an annual salary in lieu of the fee basis of compensation.

HB 727. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th:
A Bill to amend an Act creating a board of commissioners of roads and revenues of Douglas County, so as to change the compensation and ex pense allowance of the commissioner.

HB 739. By Messrs. Oxford of the 101st and Castleberry of the 96th:
A Bill to amend an Act placing the Ordinary of Sumter County upon an annual salary, so as to change the compensation of the Ordinary.

HB 740. By Messrs. Oxford of the 101st and Castleberry of the 96th:
A Bill to amend an Act fixing the compensation of the treasurer of Sum ter County, so as to change the compensation of the Treasurer.

HB 771. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
A Bill 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.

HB 785. By Messrs. Jones of the 109th, Alien of the 108th:
A Bill to amend an Act entitled "An Act to create and organize com missioners of Chatham Coutny, 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.

HB 787. By Mr. Irvin of the 10th:
A Bill to amend an Act amending the charter of the City of Toccoa and abolishing the offices and Mayor and Councilmen, so as to delete the provisions authorizing the Board of Commissioners to fix their compen sation and to establish in lieu thereof the compensation to include the Mayor and Vice Mayor.

HB 789. By Mr. Adams of the 84th: A Bill to amend an Act creating a new charter for the City of Hamilton,

WEDNESDAY, MARCH 7, 1973

2233

so as to provide that all elections in said city shall be conducted in con formity with the Georgia Municipal Election Code; to change the terms of office of the Mayor and Council.

HB 791. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to amend "An Act to amend the Charter of the Town of Athens" so as to provide a Civil Service Commission for the City.

HB 813. By Messrs. Roach, Harris and Thomason of the 8th:
A Bill to amend the Cherokee County Water Authority Act, so as to delete therefrom the limitation on the amount of outstanding bonds.

HB 814. By Messrs. Roach, Harris and Thomason of the 8th:
A Bill to provide for the numbering of positions of membership on the Cherokee County Board of Education.

HB 167. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th, and others:
A Bill 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 members of such local sys tems.
HB 230. By Mr. Greer of the 43rd:
A Bill to amend Code Section 34-1338, relating to the procedures for 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.
HB 306. By Messrs. Wheeler and Mauldin of the 13th, Phillips of the 103rd, Lowrey of the 15th, and others:
A Bill 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.
HB 380. By Messrs. Colwell of the 4th and Burruss of the 21st:
A Bill to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Cor rections, 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.

2234

JOURNAL OF THE HOUSE,

HB 408. By Mr. Atherton of the 19th:
A Bill to amend an Act, so as to allow local governmental jurisdictions to collect the penalty fees for the late purchase of vehicle tags.

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 amend an Act known as the "Georgia Correctional Industries Act", so as to change the composition of the Georgia Correctional In dustries Administration.

HB 478. By Messrs. Adams and Smith of the 74th:
A Bill to amend Code Section 68-1001, relating to the negotiation of re ciprocal 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.

HB 611. By Messrs. Adams of the 14th, Shanahan of the 7th, Hays of the 1st:
A Bill 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.

SB 119. By Senator Barker of the 18th:
A Bill to amend Code Chapter 95-18, relating to safe and unsafe railroad crossings and to provide that all public highways which cross the main line of any railroad at grade, shall be designated as an unsafe crossing.

SB 166. By Senator Broun of the 46th:
A Bill to provide that it shall be unlawful for members of the General Assembly or any other State elective or appointive official, while hold ing office and for one year after leaving office, to accept compensa tion, gift, favor, etc. for appearances before any State Board, agency, or Commission.

SB 289. By Senator Dean of the 6th:
A Bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement or emergency vehicles to be operated with flashing lights, so as to provide for additional exemptions for permits.

WEDNESDAY, MARCH 7, 1973

2235

SB 300. By Senator Coggin of the 35th:
A Bill to amend an Act authorizing the transfer of prisoners to State prisons or county work camps while appeals are pending, so as to ter minate the requirement of request for transfer by the prisonor or his attorney when the record on the first or direct appeal is transmitted to the appellate court.

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

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".

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 con fer the authority to grant corporate powers and privileges to private companies to the Secretary of State.

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.

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

SB 159. By Senator Duncan of the 30th:
A Bill to add one additional judge of the superior courts of the Coweta Judicial Circuit of Georgia.

SB 156. By Senator Barker of the 18th:
A Bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, as amended, so as to provide for the safety of the citizens and visitors in connection to the activities regulated by or pursuant to the provisions of said Act.

2236

JOURNAL OF THE HOUSE,

SB 353. By Senators Zipperer of the 3rd and Eiley of the 18th:
A Bill to amend Code Chapter 65-2, relating to Nonprofit Cooperative Associations, as amended, so as to change the definition of the term "agricultural products" to include fisheries products.

SB 55. By Senator Barker of the 18th:
A Bill to amend an Act providing revenue and a source of revenue for paying pension to the firemen of the State and creating the "Firemen's Pension Fund", as amended, so as to increase pension benefits.

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

SR 32. By Senators Riley of the 1st and Coggin of the 35th:
A Resolution proposing an amendment to the Constitution so as to change the number of members of the General Assembly.

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

SB 33. By Senator Stephens of the 36th:
A Bill to be entitled an Act to fix the salary of the First Assistant So licitor and the Assistant Solicitors of the Criminal Court of Fulton Coun ty; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 79. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations gov erning the payment of pensions to county employees, so as to provide that members of the pension fund shall include employees of the AtlantaFulton County Recreation Authority provided such employees are em ployed by Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 80. 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

WEDNESDAY, MARCH 7, 1973

2237

payment of pensions to County employees so as to provide prior service credit for service as an employee of the Atlanta-Fulton County Recrea tion Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 92. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend "An Act to provide in Fulton County a system for pension and retirement pay to teachers and em ployees of the Board of Education . . .", so as to provide that in comput ing pension benefits the average monthly salary during the highest 3 years of service shall be the definition of monthly earnings; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 93. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend "An Act to provide in Fulton County a system for pension and retirement pay to teachers and em ployees of the Board of Education . . .", so as to increase the amount of dependent benefits from 60% to 70%; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 94. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees . . .", so as to provide prior service credit for active full time military duty provided for teachers is extended to other employees; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 101. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations gov erning the payment of pensions to county employees of said county, so as to authorize participation by certain officers and employees of Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

2238

JOURNAL OF THE HOUSE,

SB 119. By Senator Barker of the 18th:
A Bill to be entitled an Act to amend Code Chapter 95-18, relating to unsafe railroad crossings, so as to eliminate the designation of safe crossings and to provide that all public highways which cross the main line of any railroad at grade, shall be designated as an unsafe crossing; and for other purposes.
Referred to the Committee on Industry.

SB 166. By Senator Broun of the 46th:
A Bill to be entitled an Act to provide that it shall be unlawful for mem bers of the General Assembly or any other State elective or appointive official, while holding office and for one year after leaving office, to ac cept compensation, gift, favor, etc. for appearances before any State Board, agency, or Commission; and for other purposes.
Referred to the Committee on State of Republic.

SB 289. By Senator Dean of the 6th:
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 or emergen cy vehicles to be operated with flashing lights, so as to provide for addi tional exemptions for permits, and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 300. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act authorizing the transfer of prisoners to State prisons or county work camps, while appeals are pend ing; so as to terminate the requirement of request for transfer by the prisoner or his attorney when the record on the first or direct appeal is transmitted to the appellate court; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 349. By Senator Webb of the llth: A Bill to be entitled an Act to repeal an Act creating the State Court of Miller County; to provide for the disposition of all suits, cases, papers, processes, books, indexes, and all other matters and materials of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 354. By Senator Kidd of the 25th: A Bill to be entitled an Act to change the corporate limits of certain

WEDNESDAY, MARCH 7, 1973

2239

municipalities (population not less than 11,575 nor more than 11,750) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 159. By Senator Duncan of the 30th:
A Bill to be entitled an Act to add one additional judge of the superior courts of the Coweta Judicial Circuit of Georgia; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 353. By Senators Zipperer of the 3rd and Riley of the 18th:
A Bill to be entitled an Act to amend Code Chapter 65-2, relating to Non profit Cooperative Associations, so as to change the definition of the term "agricultural products" to include fisheries products; and for other purposes.
Referred to the Committee on Recreation:

SB 156. By Senator Barker of the 18th:
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 provide for the safety of the citizens and visitors in connection with the activities regulated by or pursuant to the provi sions of said Act; and for other purposes.

SB 55. By Senator Barker of the 18th: A Bill to be entitled an Act to amend an Act providing revenue and a source of revenue for paying pension to the firemen of the State and creating the "Firemen's Pension Fund", so as to increase pension bene fits; and for other purposes.
Referred to the Committee on Retirement.
SR 32. By Senators Riley of the 1st and Coggin of the 35th: A Resolution proposing an amendment to the Constitution so as to change the number of members of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.

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

2240

JOURNAL OF THE HOUSE,

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

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 16-58 as follows:
Change amount in line 21 from $1,541.38 to read $1,437.38.

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 130, nays 0.

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

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

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 17-58 as follows:
Change amount in line 20 from $267.27 to read $260.27.

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 130, nays 0.

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

WEDNESDAY, MARCH 7, 1973

2241

HR 50-161. By Messrs. Bennett, Patten and Reaves of the 124th:
A Resolution compensating Mrs. Billy W. Campbell; and for other purposes:

The following Committee amendment was read and adopted: The Committee on Appropriations moves to amend HR 50-161 as
follows : Change amount in line 23 from $1,695.00 to read $1,295.00.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 130, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 138-509. By Mr. Strickland of the 116th:
A Resolution compensating Mrs. Lucille Hall Carter; and for other purposes.

The following Committee amendment was read and adopted: The Committee on Appropriations moves to amend HR 138-509 as
follows: Change amount in line 23 from $388.00 to read $88.00.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

On the adoption of the Resolution, as amended, the ayes were 130, nays 0.

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

2242

JOURNAL OF THE HOUSE,

HE 155-610. By Mr. Grantham of the 127th: A Resolution compensating Mr. E. W. Williams; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 155-610 as follows:
Change amount in line 18 from $758.22 to $100.00.

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

On the adoption of the Resolution, as amended, the ayes were 130, nays 0.

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

HR 156-610. By Mr. Grantham of the 127th:
A Resolution compensating Mrs. Carrie K. Meeks; and for other pur poses.

The following Committee amendment Was read and adopted:
The Committee on Appropriations moves to amend HR 156-610 as follows:
Change amount on line 18 from $1,600.00 to $100.00.

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 ayes were 130, nays 0.

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

WEDNESDAY, MARCH 7, 1973

2243

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.

The following Committee amendment was read: and adopted:
The Committee on Appropriations moves to amend HR 261-1012 as follows:
Change amount in line 3, page 2 from $3,744.40 to read $635.02.
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 130, nays 0.

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

HR 18-58. By Mr. Parrar of the 52nd: A Resolution compensating Mrs. Marie Crumbley; 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 130, nays 0.

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

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.
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 130, nays 0.

2244

JOURNAL OP THE HOUSE,

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

HR 33-113. By Mr. Hawes of the 43rd: A Resolution compensating Mr. James Tucker; 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 130, nays 0.

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

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.

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 130, nays 0.

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

HR 62-191. By Mr. Mauldin of the 13th:
A Resolution compensating Mr. Hoyt Jackson LaCroy; 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 130, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, MARCH 7, 1973

2245

HR 72-217. By Mr. Marcus of the 26th: A Resolution compensating Mr. Bruce G. Ellett; 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 130, nays 0.
The Resolution,. having received the requisite constitutional majority, was adopted.
HR 78-262. By Mr. Logan of the 62nd: A Resolution compensating Mrs. Sara A. L. Powell; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 130, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 79-262. By Mr. Smith of the 91st: A Resolution compensating Mr. William P. Cowell; and for other pur poses.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.
On the adoption of the Resolution, the ayes were 130, nays 0.

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

2246

JOURNAL OF THE HOUSE,

HR 80-262. By Mr. Dean of the 17th:
A Resolution compensating Mr. Eugene Redding; and for other pur poses.

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

On the adoption of the Resolution, the ayes were 130, nays 0.

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

HR 81-262. By Mr. Dean of the 17th: A Resolution compensating Geraldine Dodgen; 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 130, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 100-332. By Mr. Atherton of the 19th:
A Resolution compensating Mr. Larry Wayne Pruitt; 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 130, nays 0.

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

WEDNESDAY, MARCH 7, 1973

2247

HR 105-376. By Mr. Wheeler of the 13th:
A Resolution compensating Mr. E. Mitchell Smith; and for other purposes.

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

On the adoption of the Resolution, the ayes were 130, nays 0.

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

HR 106-376. By Mr. Phillips of the 103rd: A Resolution compensating Mr. Eugene Hester; 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 130, nays 0.

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

HR 129-480. By Mr. Lewis of the 77th:
A Resolution compensating Southern Bell Telephone and Telegraph Company, Waynesboro, Georgia; and for other purposes.

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

On the adoption of the Resolution, the ayes were 130, nays 0.

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

2248

JOURNAL OF THE HOUSE,

HR 134-503. By Mr. Lewis of the 77th:
A Resolution compensating Mr. G. Frank Agerton, Jr.; 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 130, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 137-504. By Mr. Smith of the 42nd: A Resolution compensating Mr. Doyal H. Long; 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 130, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 143-568. By Mr. Miles of the 79th: A Resolution compensating the Federal Bureau of Investigation; 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 130, nays 0.

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

WEDNESDAY, MARCH 7, 1973

2249

HR 146-568. By Mr. Gignilliat of the 105th:
A Resolution compensating Mr. Marvin L. Perkins; 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 130, nays 0.

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

HR 153-604. By Mr. Lane of the 76th:
A Resolution compensating Curtis Youngblood Ford, Inc. and Mrs. Linda Lanier; 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 130, nays 0.

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

HR 203-804. By Mr. Rainey of the 115th:
A Resolution compensating Mr. Newell N. Thombley; 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 130, nays 0.

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

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HR 206-839. By Mr. Fraser of the 117th: A Resolution compensating Mrs. Hazel McCrae; 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 130, nays 0.

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

HR 266-1013. By Mr. Floyd of the 56th: A Resolution compensating Mrs. Hilda C. Lacher; 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 130, nays 0.

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

The following Resolution of the House was read and adopted:

HR 316. By Messrs. Dean of the 60th, Brown of the 67th, Lane of the 76th and many others:
A RESOLUTION
Inviting Johnny Cash and June Carter to address the House; and for other purposes.
WHEREAS, this Wednesday, March 7, has been officially pro claimed GOSPEL ROAD DAY in Georgia by the Governor of our State, and has also been designated GOSPEL ROAD DAY IN ATLANTA by proclamation of the Mayor; and
WHEREAS, the new film on the life of Christ, produced by Johnny Cash and June Carter, "Gospel Road" will have its premiere in Atlanta on Wednesday evening, March 7, at Loew's Twelve Oaks Theater; and

WEDNESDAY, MARCH 7, 1973

2251

WHEREAS, many leading citizen of our State have urged all Georgians to see this inspiring film "Gospel Road"; and

WHEREAS, Johnny Cash considers Georgia to be his second home, has many ties in our State, and has frequently demonstrated his interest in the continued growth and progress of Georgia; and

WHEREAS, the Christian Council of Metropolitan Atlanta is spon soring the premiere showings of "Gospel Road", with all the proceeds of the day going to projects of the Council and the work of the churches in Atlanta; and

WHEREAS, Governor Jimmy Carter is hosting a dinner for Johnny Cash and June Carter that evening, and Lieutenant Governor Lester Maddox is hosting a luncheon for Mr. Cash and his party that same day, with both of these distinguished officials enthusiastically partici pating in the premiere showings of "Gospel Road" that evening.

NOW, THEREFORE, BE IT RESOLVED by the House that this body invites Mr. Johnny Cash to speak to our Georgia General Assembly early in the afternoon of Wednesday, March 7, and directs the Speaker of the House to extend this invitation on our behalf, setting a time on the House calendar for Mr. Cash's appearance, and advising all our members to be present at that time; and

BE IT FURTHER RESOLVED this body does hereby urge all its members to attend the luncheon at Binnacle Bay Restaurant in Under ground Atlanta at 12:30 p.m. on March 7, where Governor Maddox is hosting this occasion honoring Johnny Cash and June Carter, and that we also urge all our members, and all Georgia citizens, to see the Premiere showings of "Gospel Road" at Loew's Twelve Oaks Theater that evening;

BE IT FURTHER RESOLVED that this body does hereby direct the Clerk of the House to prepare appropriate copies of this Resolution for the Speaker of the House to give to Johnny Cash and June Carter.

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

HB 735. By Messrs. Egan of the 25th, Lee and Odom of the 114th, Larsen of the 27th and others:
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.

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The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend the Groundwater Use Act of 1972, ap proved April 5, 1972 (Ga. Laws 1972, p. 976), so as to amend the defini tion of "groundwater" and add definitions of "well", "Department", and "Director"; to delete references to "capacity use areas"; to provide for certain exemptions and to establish reporting requirements concerning certain persons using groundwater; to insure compliance with the Ad ministrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338, et seq.), as amended; to provide for the issuance of orders by the Director of the Environmental Protection Division of the Department of Natural Resources; to provide a procedure whereby the Department may obtain a judgment of court for the enforcement of its orders; to provide for civil penalties for violation of any provision of this Act, or of any final order of the Director of the Environmental Protection Di vision of the Department of Natural Resources; to provide the pro cedure for imposing such civil penalties; to provide for judicial review; to provide for change of date for submission of plans; to provide for representation by the Attorney General; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The Groundwater Use Act of 1972, approved April 5, 1972 (Ga. Laws 1972, p. 976), is hereby amended by deleting from sub section (f) of Section 3 the words" "whether percolating or otherwise" so that, when amended, subsection (f) of Section 3 shall read as follows:

"(f) 'groundwater' means water of underground streams, chan nels, artesian basins, reservoirs, lakes, and other water under the surface of the earth, whether public or private, natural or artificial, which is contained within, flows through, or borders upon this State or any portion thereof, including those portions of the Atlantic Ocean over which this State has jurisdiction;".

Section 2. Said Act is further amended by deleting in its entirety subsection (i) of Section 3, which reads as follows:

"(i) notwithstanding any other provisions of this Act, this Act shall not apply to water used for agricultural irrigation purposes."

Section 3. Said Act is further amended by adding to Section 3 two subsections to be designated (j) and (k) and to read as follows:

"(j) 'Department' means the Department of Natural Resources.

"(k) 'Director' means the Director of the Environmental Pro tection Division of the Department of Natural Resources."

WEDNESDAY, MARCH 7, 1973

2253

Section 4. Said Act is further amended by deleting in its entirety Section 4.

Section 5. Said Act is further amended by deleting from the title of Section 5 the words "in Capacity Use Areas,"; thereby causing the title of Section 5 to read as follows:

"Section 5. Regulation of Use of Groundwaters."

Section 6. Said Act is further amended by striking in its entirety subsection (a) of Section 5 and substituting in lieu thereof the following:

"(a) The Division shall prepare proposed regulations to be applied, containing such of the following provisions as the Division finds appropriate concerning the use of groundwaters:".

Section 7. Said Act is further amended by deleting from the first sentence of subsection (b) of Section 5 the following words: ", upon notice, in accordance with the requirements of subsection (c) (4), (5) and (6) of Section 4" and inserting in lieu thereof the following words: "with the 'Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338, et seq.), as amended"; thereby causing the first sentence of subsection (b) of Section 5 to read as follows:

"(b) The Division shall conduct one or more hearings upon the proposed regulations in accordance with the 'Georgia Administra tive Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338, et seq.), as amended.

Section 8. Said Act is further amended by deleting subsection (c) of Section 5 in its entirety, which reads as follows:

"(c) Any person aggrieved by the final action on any pro posed regulations may, within fifteen days after such final action, petition for a hearing before the Division. Such hearing shall be held in accordance with the 'Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended.",

and substituting in lieu thereof a new subsection (c) of Section 5 to read as follows:

"(c) Any person wishing to contest the validity of a regulation may file for a declaratory judgment as provided for by Section 11 of the 'Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338, et seq.), as amended."

Section 9. Said Act is further amended by deleting in its entirety subsection (d) of Section 5 which reads as follows:

(d) Any person who has exhausted all administrative remedies available within this Section and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with

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JOURNAL OF THE HOUSE,

the 'Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended."

Section 10. Said Act is further amended by deleting from the first line of subsection (a) of Section 6 of the Act the words "In areas de clared by the Division to be capacity use areas" and from the last sensentence of subsection (b) of Section 6 the words "within the capacity use area"; thereby causing subsections (a) and (b) of Section 6 of the
Act to read as follows:

"(a) No person shall (after the expiration of such period, not in excess of six months, as the Division may designate) withdraw, obtain or utilize groundwaters in excess of one hundred thousand gallons per day for any purpose unless such person shall first ob tain a permit therefor from the Division.

"(b) When sufficient evidence is provided by the applicant that the water withdrawn or used from the ground is not consumptively used, a permit therefor shall be issued by the Division without a hearing and without the conditions provided in subsection (c) of this Section. Applications for such permits shall set forth such facts as the Division shall deem necessary to enable it to establish and maintain adequate record of all water uses."

Section 11. Said Act is further amended by deleting from subsec tion (c) of Section 6 the words "fifteen days" and inserting in lieu thereof the words "thirty days" so that when amended subsection (c) of Section 6 shall read as follows:

"(c) In all cases in which sufficient evidence of nonconsumptive use is not presented the Division shall notify each person required by this Act to secure a permit, of the Division's proposed action con cerning such permit, and shall transmit with such notice a copy of any permit it proposed to issue to such persons, which permit will become final unless a request for a hearing is made within thirty days from the date of service of such notice. The Division shall have the power:".
Section 12. Said Act is further amended by deleting from para graph (2) of subsection (c) of Section 6 the words, "applicable to such capacity use area"; thereby causing paragraph (2) of subsection (c) of Section 6 to read as follows:

"(2) to grant any temporary permit for such period of time as the Division shall specify where conditions make such temporary permit essential, even though the action allowed by such permit may not be consistent with the Division's regulations."

Section 13. Said Act is further amended by striking in its entirety subsection (d) of Section 6, and inserting in lieu thereof the following:

"(d) The Division shall give notice of all its official acts (such as the adoption of regulations or rules of procedure) which have, or are intended to have, general application and effect, to all persons

WEDNESDAY, MARCH 7, 1973

2255

on its mailing list on the date when such action is taken. It shall be the duty of the Division to keep such mailing list on which it shall record the name and address of each person who requests a listing thereon, together with the date of receipt of such request. Any person may, by written request to the Division, ask to be permanently re corded on such a mailing list."

Section 14. Said Act is further amended by deleting from subsec tion (e) of Section 6 the words "the Georgia Administrative Procedure Act," approved March 10, 1964 (Ga. Laws 1964, p. 338, as amended).", and inserting in lieu thereof "Section 17(a) of the Executive Reorgani zation Act of 1972, approved April 6, 1972 (Ga. Laws 1972, pp. 1015, 1026) and also, for the purposes of this Act, specifically subject to the provisions of subsection (a) of Section 20 of the Administrative Pro cedure Act of 1964 (Ga. Laws 1964, pp. 338, 354)." thereby causing subsection (e) of Section 6 to read as follows:

"(e) Any hearing pursuant to this Section shall be held in ac cordance with Section 17 (a) of the 'Executive Reorganization Act of 1972', approved April 6, 1972 (Ga. Laws 1972, pp. 1015, 1026) and also, for the purposes of this Act, shall be specifically subject to the provisions of subsection (a) of Section 20 of the Administrative Pro cedure Act of 1964 (Ga. Laws 1964, pp. 338, 354)."

Section 15. Said Act is further amended by striking in its entirety subsection (f) of Section 6, and substituting in lieu thereof the following:
"(f) Any person who has exhausted all administrative remedies and who is aggrieved by a final decision in a contested case is en titled to judicial review as provided by Section 17(a) of the 'Execu tive Reorganization Act of 1972', approved April 6, 1972 (Ga. Laws 1972, pp. 1015, 1026), and also, for the purposes of this Act, is specifically subject to the provisions of subsection (a) of Section 20 of the Administrative Procedure Act of 1964 (Ga. Laws 1964, pp. 338, 354)."
Section 16. Said Act is further amended by deleting in its entirety paragraph (2) of subsection (a) of Section 7 which reads as follows:
"(2) the duration of the existence of a capacity use area; or" and by renumbering paragraph (3) as paragraph (2) ; thereby causing subsection (a) of Section 7 to read as follows:
"(a) No permit under Section 6 shall be issued for a longer period than the longest of the following:
(1) ten years; or
(2) the period found by the Division to be necessary for rea sonable amortization of the applicant's water withdrawal and waterusing facilities.

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JOURNAL OF THE HOUSE,

Permits may be renewed following their expiration upon com pliance with provisions of Section 6."

Section 17. Said Act is further amended by deleting subsection (c) of Section 7 in its entirety and substituting in lieu thereof a new subsec tion (c) of Section 7 to read as follows:

" (c) Every person who is required by this Act to secure a permit shall file with the Division in the manner prescribed by the Division a certified statement of quantities of water used and withdrawn, sources of water, and the nature of the use thereof not more fre quently than thirty-day intervals. Such statements shall be filed on forms furnished by the Division within ninety days after the issu ance of regulations. Water users not required to secure a permit shall comply with procedures established to protect and manage the water resources of the State. Such procedures shall be within the provisions of this Act and shall be adopted after public hearing. The requirements embodied in the two preceding sentences shall not apply to individual domestic water use."

Section 18. Said Act is further amended by deleting from the first sentence of subsection (e) of Section 7 the following words, "date of declaration of a capacity use area" and substituting in lieu thereof the words, "effective date of this Act"; thereby causing subsection (e) of Section 7 to read as follows:

"(e) In any case where a permit applicant can prove to the Division's satisfaction that the applicant was withdrawing or using water prior to the effective date of this Act, the Division shall take into consideration the extent to which such prior use or withdrawal was reasonably necessary in the judgment of the Division to meet his needs, and shall grant a permit which shall meet those reason able needs. Provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including public use and including potential as well as present

Section 19. Said Act is further amended by deleting from subsec tion (f) of Section 7 the date "July 1, 1972" and substituting in lieu thereof the date "July 1, 1973"; thereby causing subsection (f) of Sec tion 7 to read as follows:
" (f) The Division shall also take into consideration in the grant ing of any permit the prior investments of any person in lands, and plans for the usage of water in connection with such lands which plans have been submitted to the Division within a reasonable time after July 1, 1973. Provided, however, that the granting of such per mit shall not have unreasonably adverse effects upon other water uses in the area, including public use, and including potential as well as present use."
Section 20. Said Act is further amended by deleting from the last line of subsection (g) of Section 7 the words, "date of declaration of the capacity use area" and substituting in lieu thereof the words "effec-

WEDNESDAY, MARCH 7, 1973

2257

tive date of this Act as amended"; thereby causing subsection (g) of Section 7 to read as follows:

"(g) Pending the issuance of denial of a permit pursuant to subsection (e) or (f) of this Section, the applicant may continue the same withdrawal or use which existed prior to the effective date of this Act as amended."

Section 21. Said Act is further amended by adding two new Sec tions between Sections 7 and 8 to be designated Section 7A and 7B and to read as follows:

"Section 7A. Orders of the Director of the Environmental Pro tection Division of the Department of Natural Resources. Whenever the Director has reason to believe that a violation of any provision of this Act or any rule or regulation of the Department adopted pur suant to this Act has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or per suasion. In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the Director may issue an order directed to such violator or violators. The order shall specify the provisions of the Act or rule or regulation alleged to have been violated, and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any order issued by the Director under the provisions of this Act shall be signed by the Director. Any such order shall become final unless the person or persons named therein request in writing a hearing before the Director no later than thirty days after such order is served on such person or persons.

Appeals from this order shall be in compliance with Section 17(a) of the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, pp. 1015, 1026) and also, for the purposes of this Act, shall be specifically subject to the provisions of subsection (a) of Section 20 of the Administrative Procedure Act of 1964 (Ga. Laws 1964, pp. 338, 354).

"Section 7B. Judgment in accordance with the Director's Order. The Director may file in the superior court of the county wherein the person under order resides, or if said person is a corporation in the County wherein the corporation maintains its principal place of busi ness, or if said person is a nonresident of this State, in the superior court of the county wherein the violation occurred, a certified copy of a final order of the Director unappealed from, or of a final order of the Director affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same as though said judg ment had been rendered in a suit duly heard and determined by said court."

Section 22. Said Act is further amended by deleting subsection (b) of Section 8 in its entirety, which reads as follows:

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JOURNAL OF THE HOUSE,

" (b) In addition, upon violation of any of the provisions of this Act, or the regulations of the Division, the Director of the Environ mental Protection Division may, either before or after the institution of criminal proceedings, institute a civil action in the name of the State for injunctive relief.",

and substituting in lieu thereof a new subsection (b) to read as follows:

"(b) Whenever in the judgment of the Director, any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this Chapter, the Di rector may make application to the superior court of the county where such person resides, or if said person is a nonresident of this State, then to the superior court of the county where such person is engaged in or is about to engage in any such act or practice, for an order enjoining and restraining such act or practice, and, upon a showing by the Director that such person has engaged in or is about to engage in any such act or practice, a permanent or tem porary injunction, restraining order, or other order shall be granted without the necessity of showing a lack of adequate remedy at law."

Section 23. Said Act is further amended by adding a new section between Sections 8 and 9 to be designated Section 8A and to read as follows:

"Section 8A. Civil Penalties and Procedures for Imposing Such Penalties.

(a) Civil Penalties--Any person violating any provisions of this Act or intentionally or negligently failing or refusing to comply with any final order of the Director issued as herein provided, shall be liable for a civil penalty not to exceed $1,000.00 for such violation and an additional civil penalty not to exceed $500.00 for each day during which such violation continues.

(b) Procedures--Whenever the Director has reason to believe that any person has violated any provision of this Act or has negli gently or intentionally failed or refused to comply with any final order of the Director, the Director may request a hearing before a hearing officer appointed by the Board of Natural Resources. Upon a finding that said person has violated any provision of this Act or has negligently or intentionally failed or refused to comply with a final order of the Director, said Hearing Officer shall issue his initial decision imposing such civil penalties as are herein provided. Such hearing and any judicial review thereof shall be conducted in accordance with Section 17 (a) of the 'Executive Reorganization Act of 1972', approved April 6, 1972 (Ga. Laws 1972, pp. 1015, 1026) and also, for the purposes of this Act, shall be specifically subject to the provisions of subsection (a) of Section 20 of the Ad ministrative Procedure Act of 1964 (Ga. Laws 1964, pp. 338, 354)."

Section 24. Said Act is further amended by deleting Section 9 en titled "Maps, Descriptions, Etc., Defining Boundaries of Capacity Use

WEDNESDAY, MARCH 7, 1973

2259

Areas." in its entirety and by substituting in lieu thereof a new Section 9 to be entitled "Emergency Orders." and to read as follows:

"Section 9. Emergency Orders. After receipt of an affidavit or other sworn statement from a person setting forth an emergency situation requiring immediate action to protect the public health or welfare and after the Division finds that such an emergency exists requiring immediate action to protect the public health or welfare, the Division may, without notice of hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the Division deems necessary to meet the emergency. Such order shall be effective immediately, and any person to whom such order is directed shall comply therewith immediately but on application to the Division shall be afforded a hearing within five days from the day on which the order is issued. On the basis of such hearing, the Division shall continue such order in effect, revoke it or modify it. Any appeal from said order shall be in accordance with Section 17(a) of the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, pp. 1015, 1026) and, for the purposes of this Act, specifically subject to the provisions of subsection (a) of Section 20 of the Administrative Procedure Act of 1964 (Ga. Laws 1964, pp. 338, 354), except that the initial hearing shall be within five days from the date on which the order was issued."

Section 25. Said Act is further amended by adding a new Section between Sections 14 and 15 to be designated Section 14A and to read as follows:

"Section 14A. Attorney General to represent the Department. It shall be the duty of the Attorney General to represent the Depart ment and its agents or designate some member of his staff to repre sent them in all actions in connection with this Act." Section 26. Said Act is further amended by deleting in its entirety

Section 13, which reads as follows:

"Section 13. The previsions of this Act shall not apply to any poultry processing plant in the State."

and substituting therein the following:

"Section 13. Exemptions. Notwithstanding any other provision of this Act, this Act shall not apply to persons utilizing or with drawing water for agricultural purposes or for poultry processing purposes. The County Agricultural Agent of each county shall an nually, upon request of the Environmental protection Division of the Department of Natural Resources, furnish the Division with the best available estimates of the quantity of groundwater used or with drawn by those persons who are exempt under this Section. This estimate shall be determined by nominal means from available equip ment, including pump and power ratings, but shall not require the installation of metering devices on the part of those persons utiliz ing or withdrawing said groundwater."

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JOURNAL OF THE HOUSE,

Section 27. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 28. 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. Bailey Beckham Berlin Berry Blackshear Bond Bostick Bray Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr Carrell Chance Clark Coleman Collins, S. Coney Connell Daugherty Davis, E. T. Dean, N. Dent Dixon Dollar Dorminy Duke

Egan Elliott Ellis Ezzard Farrar Floyd, L. R. Geisinger Gignilliat Grahl Grantham Greer Hamilton Harden Harrington Harris, J. R. Harrison Hays Horton, G. T. Horton, W. L. Howell Hutchinson Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas

Lewis Logan Lowrey Marcus Matthews, C. McCracken McKinney Miles Morgan Moyer Mulherin Mullinax
Noble North cutt Odom Oxford Patten, G. C. Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens

Sweat Thompson Toles Triplett Tucker Turner

WEDNESDAY, MARCH 7, 1973

2261

Vaughn Waddle Walker Wall Ware Wheeler, Bobby

Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Bennett Bohannon Evans Foster Harris, J. F.

Hudson Irvin, J. Lane, W. J. Mauldin Milford

Patten, R. L. Patterson Twiggs

Those not voting were Messrs.:

Alien Atherton Brantley, H. H. Brantley, H. L. Brown, S. P. Castleberry Cole Collins, M. Colwell Davis, W. Dean, Gib Dean, J. E. Dickey

Edwards Floyd, J. H. Fraser Groover Hawes Hill, B. L. Hill, G. Howard Keyton Mason Matthews, D. R. McDaniell McDonald

Murphy Nessmith Nix Pinkston Reaves Savage Strickland Thomason Townsend Wamble Wilson, J. M. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 129, nays 13.

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

Mr. Pinkston of the 89th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 735, by substitute, but had he been present would have voted "aye".

By unanimous consent, HB 735, by substitute, was ordered immediately transmitted to the Senate.

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.

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JOURNAL OP THE HOUSE,

The following Committee substitute was read and adopted:

A RESOLUTION

Authorizing the expenditure of certain sums of money by the At lanta Metropolitan Rapid Transit Authority Overview Committee; and for other purposes.

WHEREAS, the Atlanta Metropolitan Rapid Transit Authority Overview Committee has been created for the purpose of reviewing the efficiency with which the Atlanta Metropolitan Rapid Transit Au thority is carrying out its legislatively imposed charges in the Au thority's endeavor to provide a rapid transit system for the Metropolitan Atlanta Area; and

WHEREAS, said Committee is authorized to expend State funds in order to meet its obligations if authorized by a Joint Resolution of the General Assembly.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Atlanta Metropolitan Rapid Transit Authority Overview Committee is authorized to expend for the 1972-73 fiscal year not more than $10,000 and for the 1973-74 fiscal year not more than $30,000 for the purposes of engaging or employing personnel and the expenditure of necessary expenses to assist the Com mittee in the discharge of its official duties, the exact sum for expendi ture to be approved from time to time by the Speaker of the House of Representatives and the President of the Senate. Any sums not expended during the 1972-73 fiscal year may be added to and expended during the 1973-74 fiscal year.

BE IT FURTHER RESOLVED that the funds necessary for the purposes of this Resolution shall come from the funds appropriated to and available to the Legislative Branch of government.

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

Bailey Beckham Bennett Berlin Berry Blackshear

Bohannon Bostiek Brantley, H. L. Bray Brown, C. Buck

Burruss Burton Carlisle Carr Carrell Castleberry Clark
Cole
Coleman Collins, M. Coney Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Parrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Harris, J. F.

WEDNESDAY, MARCH 7, 1973

2263

Harrison Hays Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, D. Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. Levitas Lewis Logan Lowrey Marcus Mauldin McDaniell McKinney Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble

Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. 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 Vaughn Waddle Walker Wall Wheeler, B. Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Colwell Harris, J. R.

Lee, W. S. Stephens

Twiggs

Those not voting were Messrs.:

Adams, J. Atherton Bond Brantley, H. H.

Brown, B. D. Brown, S. P. Busbee Chance

Collins, S. Connell Dean, G. Dickey

2264
Greer Hawes Hill, B. L. Hill, G. Howard MasonMatthews, C. Matthews, D. R.

JOURNAL OF THE HOUSE,

McCracken McDonald Miles Murphy Odom Petro Phillips, L. L. Savage

Strickland Thomason Townsend Wamble Ware Wheeler, J. A. Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 139, nays 5.

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

Messrs. Colwell and Twiggs of the 4th stated that they had inadvertently voted "nay" on the adoption of HR 291-1110, by substitute, and had intended to vote "aye".

HB 969. By Mr. Greer of the 43rd:
A Bill to amend Georgia Code Section 93-210, pertaining to the assess ment of public service corporation fees in an amount sufficient to cover certain 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 91, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
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 re-establish within the Department of the Secretary of State, the Georgia Commission for the National Bicentennial Celebration; and for other purposes.
The following amendment, offered by Mr. Gignilliat of the 105th, was read and adopted:
Mr. Gignilliat of the 105th District moves to amend House Bill No. 926 as follows:

WEDNESDAY, MARCH 7, 1973

2265

1. By striking Section 1 of said Bill in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. (a) The Georgia Commission for the National Bicentennial Celebration, created pursuant to a resolution creating said Commission, approved April 28, 1969 (Ga. Laws 1969, p. 1074), is hereby recreated and reestablished within the office of the Secre tary of State. Said Commission shall be composed of three members of the Senate to be appointed by the President of the Senate and three members of the House of Representatives to be appointed by the Speaker of the House of Representatives. There shall be thirteen members appointed by the Secretary of State, one from the mem bership of each of the following organizations:
(1) Children of the American Revolution;
(2) Daughters of the American Revolution;
(3) Georgia Association of County Commissioners;
(4) Georgia Business and Industry Association;
(5) Georgia Historical Society;
(6) Georgia Municipal Association;
(7) Georgia Press Association;
(8) Georgia State Chamber of Commerce;
(9) Sons of the American Revolution;
(10) Sons of the Revolution;
(11) The Society of the Cincinnati in the State of Georgia'
(12) The Georgia Association of Broadcasters; and
(13) Georgia Regional Executive Directors

Association; and six citizens from the State at large, three to be appointed by the Governor, and three by the Secretary of State. The Secretary of State, the Director of the Department of Archives and History, the State Superintendent of the Department of Educa tion, the Commissioner of the Department of Community Develop ment, the Commissioner of the Department of Natural Resources, the Commissioner of the Department of Transportation, the Gov ernor's Advisor on the Arts, the Director of the Office of Planning and Budget, the Secretary of the Georgia Historical Commission, and the Chancellor of the University System of Georgia shall be ex officio members of the Commission. Members of the Commission created by the Resolution approved April 28, 1969 (Ga. Laws 1969, p. 1074), who are serving as members of the Commission on the effective date of'this Act are hereby appointed as members of the Commission as recreated by this Act and shall continue to serve as members until the effective date of this Act; at that time all mem bers of the Commission as recreated and reestablished herein shall be appointed or designated pursuant to the terms of this Act.

(b) Vacancies in the membership of the Commission shall be

2266

JOURNAL OF THE HOUSE,

filled in the same manner in which the original appointments were made.

(c) The Commission shall elect a Chairman and such other officers as it may deem necessary at the first meeting of the Com mission in each calendar year. Members of the Commission shall receive no compensation for their services but may be reimbursed for actual expenses incurred in attendance at official Commission meetings."

2. By striking Section 2 of said Bill in its entirety.

3. By renumbering the remaining Sections so that they will be in numerical order.

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. Atherton Bailey 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 Carrell

Castleberry Chance Clark
Cole
Coleman Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Egan Elliott Evans Ezzard Farrar Floyd, J. H. Floyd, L. R.

Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harrison Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin,R. Jessup Johnson Keyton King Knight

WEDNESDAY, MARCH 7, 1973

2267

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 McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax

Murphy Nessmith Noble Odom Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan

Shepherd
Smith, J. R. Smith, V. B. Stephens Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Ware Wheeler, B. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Alien Bennett Brown, B. D. Collins, M. Dean, G. Dixon Ellis Gignilliat Harris, J. R. Hawes Hays

Irwin, J. R. Jones Jordan Lambert Levitas Lewis Mason Nix Northcutt Patten Phillips, G. S.

Russell, W. D. Savage Snow Strickland Sweat Thomason Townsend Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 148, nays 0.

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

Mr. Gignilliat of the 105th wished to be recorded as voting "aye" on the passage of HB 926, as amended.

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

2268

JOURNAL OF THE HOUSE,

motor common carriers, as amended, so as to provide that the Public Service Commission may grant a non-renewable emergency authority 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 Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Burruss Burton Busbee Carlisle Carr Castleberry Clark Cole Coleman Collins, M. Celling, S. Colwell Coney Connell Daugherty Davis, E. T. Dean, J. E. Dean, N.

Dent Dixon Dollar Duke Edwards Egan Elliott Ezzard Floyd, J. H. Floyd, L. R. Fraser Geisinger Grahl Grantham Greer Groover Hamilton 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. Irvin, R. Irwin, J. R, Jessup Johnson Jones Keyton King Knight

Kreeger Lane, D. Larsen, G. K. Larsen, W. W. Lee, W. J. Lee, W. S. Levitas
Logan Marcus Matthews, C. Matthews, D. R. Mauldin' McCracken McDaniell McDonald McKinney
Miles Milford Morgan Moyer Mullinax Noble Odom Oxford Patten, G. C. Patterson Pearce Peters Petro Phillip*. G. S. Phillips, L. L.
Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J.

Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat

WEDNESDAY, MARCH 7, 1973

2269

Thompson Toles Triplett Tucker Twiggs Vaughn Waddle Walker

Wall Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Brown, B. D. Brown, S. P. Buck Carrell Chance Davis, W. Dean, G. Dickey Dorminy
Ellis Evans Farrar
Poster

Gignilliat

Hawes

.

Hill, G.

Jordan

Lambert

Lane, W. J.

Lewis

Lowrey

Mason

Mulherin

Murphy

Nessmith

Nix

Northcutt Patten, R. L. Pinkston Russell, W. D. Savage Thomason Townsend Turner Wamble
Ware 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.

HB 928. By Messrs. Murphy of the 18th and Smith of the 74th:
A Bill 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; and for other purposes.
The report of the Committee, which was favorable to the 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

2270
Beckham Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Dean, G. Dean, J. E. Dean, N. Dent Dixon Dollar Duke Edwards Egan Elliott Ezzard
Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham

JOURNAL OF THE HOUSE,

Greer Hamilton Harden Harris, J. F. Harris, J. R. Harrison
Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin,R. Irwin, J. R. Jessup Johnson
Jones Keyton King Knight Kreeger Lambert 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 McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy

Nix Noble Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Shepherd
Smith, J. R.
Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Ware Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those not voting were Messrs.:

Bennett Brown, B. D. Buck Coleman Colwell

Davis, W. Dickey Dorminy Ellis Evans

Farrar Gignilliat Groover Harrington
Hawes

Hill, G. Howell Jordan Lane, D. Lane, W. J. Lewis McCracken

WEDNESDAY, MARCH 7, 1973

2271

Nessmith Patten, R. L. Phillips, G. S. Pinkston Russell, W. D. Savage

Thomason Townsend Wamble Wheeler, B. Wilson, J. M. 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 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.

The following Committee substitute was read:

A BILL

To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1973, and ending June 30, 1974; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, coun ties, municipalities, political subdivisions and for all other govern mental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1973, and ending June 30, 1974, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and Federal Revenue Sharings funds.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch A. Operations -.--.-..,,.-$

6,725,000

2272

JOURNAL OF THE HOUSE,

B. For election blanks and other election expenses,

including publishing constitutional amend

ments ________._.____.__...._.

... ....................I

175,000

C. For all cost of Georgia Official and Statistical Register ...... .... ... .............. ............$

95,000

For compensation, expenses, mileage, allowances, air travel expense and benefits for members of the General Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conferences of Commissioners on Uniform State Laws; National Conference of Legislative Leaders, Conference of Insurance Legislators, and Marine Fisheries Compact; for equipment, supplies, re pairs, printing and other incidental expenses for the Legislative Branch; for the necessary cost of renovating and repairing the housing and other facilities for the Legislative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; for the annual report of the State Auditor to the General Assembly; and for cost of Legislative Serv ices Committee, Office of Legislative Council, and Legislative Budget Analyst, as authorized by law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the ex penditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appro priated to the Legislative Branch of Government with a view towards determining which are legitimate legisla tive expenses and which should be paid for from other appropriations.

Section 2. Department of Audits. A. Operations--Audits _....._.._._..-_..... B. Operations--Tax Ratio Study .
Section 3. Education Improvement Council. Operations ____.__.-___--_.._..___.-._.....__.____.,,_.--____,,__.,,_

1,632,600 350,000
68,558

WEDNESDAY, MARCH 7, 1973

2273

PART II. JUDICIAL BRANCH Section 4. Supreme Court. Operations .............. ............... .................. ................... $

841,981

Changed Objects:

Personal Services

. $747,606

Operating Expenses ...,,..........._..........._...$ 94,375

For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contri butions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.Dec. Sess. pp. 478-479.

Section 5. Superior Courts. Operations .............................. ._..........._...._......._........_.....$ 5,814,658

Changed Objects:
Personal Services ..............._..._..._.._......$5,510,658 Operating Expenses ........__............_._._...$ 304,000
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 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 allow ances, 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 appropriation 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.

2274

JOURNAL OF THE HOUSE,

Provided, further, that the listed appropriation shall be increased by the amount of $30,000 per annum for each judgeship created by law during the 1973 session of the General Assembly.

Section 6. Court of Appeals.

Operations

...

......._.__.......-._......._....$

Changed Objects:
Personal Services _...._._..............____.._.._.. $897,644 Operating Expenses ,,_.-__.___._,,_,,_____._.-_-__$ 55,200

For the cost of operating the State Court of Ap peals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional position estab lished during the fiscal year.

Section 7. Administrative Office of the Court. Operations ._._........__.._._..._..._...........-_......_..._..._....._.....-_..$

Changed Objects:
Personal Services ___,,___,,___,,_-__.__ _________ $54,700 Operating Expenses _.___.__-_.-_...._....._.-.._.. $20,300

For the cost of operating the Administrative Office of the Court.

Section 8. Court Reports. Operations - -

........_..._... -.._..-........__.$

Changed Object: Operating Expenses _._.-.._...--__.---.---._---$47,000

For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.

Section 9. Judicial Qualifications Commission. Operations __...-..-..-_...._.._......_-._..._...-... .......................I

Changed Object: Operating Expenses .-..-._..---.__.____.__.__.__,,_ $3,000

For the cost of operating the Judicial Qualifica tions Commission.

952,844
75,000 47,000
3,000

WEDNESDAY, MARCH 7, 1973

2275

PART III.

EXECUTIVE BRANCH

Section 10. Department of Administrative Services.

A. Operations --__.-._._.__..__..._.._..__..___..____...____._.____..______.$
Changed Objects:
Personal Services ........_..._...___._.. $8,308,011 Operating Expenses ....... ...._....._._ $9,697,410

3,461,340

B. Capital Outlay ......................................................I Changed Object: Capital Outlay ..... .... ................ ....... $82,500

82,500

C. Authority Lease Rentals ....................................__.^
Changed Object:
Authority Lease Rentals ....._.._..........._.... ..._........_ $3,112,753

3,112,753

D. Workmen's Compensation Fund ..................... ...^ . 700,000 Changed Object: Workmen's Compensation Fund ....$700,000

Section 11. Department of Agriculture.

A. Operations ....._......................_.............._.........__........$
Changed Objects:
Personal Services ....___...._.._...._...._ $8,538,900 Operating Expense _..____._..__..___.____.$3,928,000

11,116,100

B. Authority Lease Rentals ....._......_._................_....__..$ Changed Object: Authority Lease Rentals _...__......._..$945,000

945,000

C. Indemnities ........$ Changed Object: Indemnities .._..._._...-.......__...._........_......$65,000

65,000

D. Fire Ant Eradication ............$ Changed Object: Fire Ant Eradication ....._..._...__.. $1,500,000

1,500,000

2276

JOURNAL OF THE HOUSE,

E. Capital Outlay _.-__._-__...-..._._.__.__._.._--.-.-.-..-._._._.$ Changed Object: Capital Outlay __.-.$1,760,000

1,750,000

Section 12. Department of Banking and Finance. Operations ,,..--.--$ 1,123,200

Changed Objects:
Personal Services .._.._..-._._.._.._._-..._..-_-._.$909,570 Operating Expenses ___--__--_.___--_._._.._.--,$213,630

Section 13. Department of Community Develop ment.

A. Operations _-_..__.._-_-.___.._._.__.__.____.___..-__-._.__._.._,,_.-..$
Changed Objects:
Personal Services --.___.-.-_.--..-_.$ 2,130,805 Operating Expenses--Reg. _.._-_$ 1,520,433 Advertising Operating Expense--
World Congress Center ._.._ _...$ 200,000
Grants: APDC Grants ---....-.-.-.-.-...-.I 1,170,000 HUD--701 Planning Grants _.-.$ 1,780,000 LEAA Action Local -._-_.__._.-.-.$ll,249,167 LEAA Action State _._______._.__.__..$ 4,770,000 LEAA Planning ..,,._....__...-.-,,..-$ 350,000 Impact Cities -, . _._----.-- $10,000,000 SEADOC -..,,.-.-.,,.----.-.--..$ 133,000

5,877,206

B. Authority Lease Rentals _...______..__ _.._..__-.--.-._$
Changed Object:
Authority Lease Rentals .,,-..-__-._.-.__.---.--.... $5,043,478

5,043,478

C. Capital Outlay _-_.. -...._-,,.-_..-_-...--._----.$ Changed Object: Capital Outlay -,,.,,.. $210,000

210,000

For general administrative cost of operating the Department of Community Development, including ad vertising expense and Grants for Area Planning and Development Commissions. For general administrative cost of operating the State Crime Commission office, including the State "buy-in" for Law Enforcement As sistance Agency grants to local governmental units.

WEDNESDAY, MARCH 7, 1973

2277

Section 14. Office of Comptroller General. Operations ............,..............$

2,707,300

Changed Objects :
Personal Services __.-..__._.__...__.___._.__..._..,,_.._.__.______.$ Operating- Expenses .__._.___._._._____._______.___._.___._____.___.$

2,213,600 515,900

Section 15. Department of Defense.

A. Operations _..____..._.._.___._._,___._._...__.__.______..____.___.._._._.__.$ 1,384,900

Changed Objects:
Personal Services _...._......... .__.... $1,002,400 Operating Expenses ......................I 341,500

Grants:
National Guard ,,........_........_..__..._..? 200,000 Service Contract....._..._..._........_..._. $ 140,000 Georgia Military Institute .... _. $ 16,000

B. Capital Outlay ........... ................ ._..__..._..___.._.__.__..._.$ 703,000

Changed Object: Capital Outlay ...............................I 878,000

Section 16. State Board of Education:

Department of Education

A. Operations .................................................................I 522,500,675

B. Construction ...................._......_...._........_...._.._.._..._...$ 54,190,000

Provided, that of the above appropriation, relative to construction, $23,000,000 is designated and committed for distribution to local systems on a formula to be promulgated by the State Board of Education based on current increased average daily attendance, surveyed projected growth, outstanding local effort of local sys tems and such other criteria by the Board to insure that classroom need is the basis of distribution.

Provided, that of the above appropriation, relative to operations, $50,000 is designated and committed for the Professional Practices Commission.

Section 17. Employee's Retirement System.

Operations _......-............---. .--...........--....--.....--.--..---- $

-0-

2278

JOURNAL OP THE HOUSE,

Changed Objects:
Personal Services _ ... .......................-$465,600 Operating Expenses ...._.._..._---_..__..._.___.$208,000

No direct State General Fund Appropriation is required.

Section 18. Forestry Commission. Operations ----.-_--__.-........--.....------

.$ 8,477,200

Changed Objects:
Personal Services ___.__..__.._.._..._._. ........$7,953,800 Operating Expenses . . . . . ......._.$2,600,200

Provided, that of the above appropriation, $25,000 is designated and committed for sewer line construction in Bibb County. Provided, further, that none of the funds appropriated above for this purpose shall be used until the Attorney General has issued an official opinion that such expenditure be legal.

Section 19. Forest Research Council. Operations ..................

......._..$

Changed Objects:

Personal Services _........._...................._.._..$ 88,000

Operating Expenses _ . .. ................^ 56,200

Research Contracts .

.. . . ._ $483,600

606,000

Section 20. Office of the Governor.

A. Operations Governor's Office

..

.. $

Changed Objects:
Personal Services ___.,,_._..__..__.-_--__.$544,000 Operating Expenses _._._.___________.$289,000 Mansion Allowance .......... $ 25,000

858,000

Office of Planning and Budget .._...............__.........-......_.$ 1,583,213
Changed Objects:
Personal Services __......,.._.._-.._._.$l,780,331 Operating Expenses
Regular ............. .. . $ 353,482 Payments to Regional
Commissions ..........................I 216,700

WEDNESDAY, MARCH 7, 1973

2279

B. Governor's Emergency Fund ................................I 2,000,000

There is hereby appropriated 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. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes.

Section 21. Grants to Counties and Municipalities.

A. Grants to Counties _...

2,600,000

Changed Object: Grants to Counties __......_.._.__..._..__.$2,600',000

B. Grants to Municipalities ..........................................I 4,200,000

Changed Object: Grants to Municipalities ._.._..._._._ $4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

Section 22. Department of Human Resources.

A. Physical Health

..........

..$ 85,172,000

Changed Objects:

Personal Services ._.._._....._..,,.....$ 22,582,400 Operating Expenses ____--_______.$ 8,635,000 Grants _-__..___-._._...__-.___..,,____._.___$ 10,913,000 Benefits __...--__-_____-__.-__.__.-~_$174,829,000

B. Southwestern State Hospital .-._.._-_.._-.__...___.-_._..$
Changed Objects: Personal Services _....__-___.-- . $5,441,000 Operating Expenses .._._.._.___. ...-$1,126,000

5,873,000

2280

JOURNAL OF THE HOUSE,

C. Georgia Retardation Center ....._........$
Changed Objects:
Personal Services ............... $8,826,000 Operating Expenses ...... ...............2,784,000

9,800,000

D. Georgia Mental Health Institute .------..------$
Changed Objects:
Personal Services ........... ............ $6,087,000 Operating Expenses ......................$1,757,000

6,755,000

E. Georgia Regional Hospital at Augusta ................I
Changed Objects:
Personal Services ........................ $3,989,000 Operating Expenses .................... $1,036,000

4,284,000

F. Georgia Regional Hospital at Atlanta ..............$
Changed Objects:
Personal Services .........................4,905,000 Operating Expenses ................... $1,540,000

5,356,000

G. Central State Hospital ...... ......$
Changed Objects:
Personal Services ..----..--------..$33,495,000 Operating Expenses .........--.....$ 8,210,000

36,384,000

Provided, that of the above appropriation, a specific sum equal to the cost of providing uniforms for all firemen and security personnel at Central State Hos pital is designated and committed for the provision of such uniforms for such employees.

H. Georgia Regional Hospital at Savannah -....--$
Changed Objects:
Personal Services ....--..-.--..-..-$3,986,000 Operating Expenses .--------.... $ 882,000

4,241,000

I. Gracewood State School and Hospital .......--.....$
Changed Objects:
Personal Services -.....------..--.. $10,935,000 Operating Expenses ..........--..-$ 2,776,000

9,019,000

J. Northwest Georgia Regional Hospital ......------..$ 2,304,000

WEDNESDAY, MARCH 7, 1973

2281

Changed Objects:
Personal Services _-_._--.__,,..__.,,__.__. $1,839,000 Operating Expenses .__.__..______,,___.__$ 783,000

K. West Central Georgia Regional Hospital ..__.._____.$
Changed Objects:
Personal Services .._..._-.-_..........._.$l,342,000 Operating Expenses _._...__.______._._._.$ 782,000

2,098,000

L. Authority Lease Rentals _..__.___._,,.__._..._..__._____._____.--_$ 5,545,000 Changed Object: Authority Lease Rentals __.._.____.. $5,545,000

M. Other Mental Health Activities _,,.._.__._._.....__.__.__$
Changed Objects:
Personal Services ,,__..__._____;_._..__.__. $5,189,000 Operating Expenses: Regular ._..._.._..._..._............_..............$5,081,000 Contracts -...-...._....._...._...,,...__..._.._ $2,103,000 Grants _...-....-.........-.-..-........._..;....$3,938,000

19,822,000

N. Social Development _....._.........._.._......._..._._.._......_...$
Changed Objects:
Personal Services -....-.-.__,,_..._..$ 6,582,000 Operating Expenses _._.___._._-_____$58,026,000 Grants .._.-...._..__.......-..._.._.._-.-_.___$10,427,000 Benefits ... ......................,,.._.,,._......$ 3,000

13,748,000

O. Rehabilitation Services ........................-.._..............$
Changed Objects:
Personal Services ........_...............$21,645,000 Operating Expenses _..._._.__..._.....$ 6,867,000 Grants .._.....-_._...._.....-.........._..-..._..$ 1,175,000 Benefits ..................._.....__........._..._.$26,517,000

14,984,000

Provided, that of the above appropriation, $400,000 is designated and committed for the Savannah Sheltered Workshop.

P. Income Maintenance .._.._.,,......._....._......_.._...............$
Changed Objects:
Personal Services _._...,,_...,,._.._..$ 13,907,000 Operating Expenses ........._......$ 2,712,264 Benefits .._.......-.-._........-.._..-...._.$190,846,000

56,073,000

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JOURNAL OF THE HOUSE,

Q. Administrative Services .___.___.___.____.__.___.____._.___..___..$
Changed Objects:
Personal Services _.__.___.___._..._.__.___.$5,743,000 Operating Expenses __..__.__.___.__.._._.$4,402,000

6,032,700

R. Capital Outlay ..._..._.-._......$ Changed Object: Capital Outlay ._.......-.-............_...._..$7,724,000

7,724,000

Section 23. Department of Labor.

A. Operations _.._,,......_,,...,,.....$
Changed Objects:
Personal Services ....-__.-_..-_.____-__..$19,078,000 Operating Expenses _..-........_.....$ 6,195,000 Grants ...... .....$ 1,893,772

1,395,000

B. Unemployment Compensation Reserve Fund .... $
Changed Object:
Unemployment Compensation Reserve Fund __.__._._._._._..__._____..$2,000,000

2,000,000

Section 24. Department of Laws

A. Operations ........___..._.............$
Changed Objects:
Personal Services ..-...-_..-..-........_..$l,809,800 Operating Expenses _..._.-_.-._.-__.._..$ 343,300

2,091,100

B. Books for State Library ..............$ Changed Object: Books for State Library .._.-_....__......$21,000

21,000

For the cost of operating the Department of Law provided that the compensation of all Assistant At torneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law.

WEDNESDAY, MARCH 7, 1973

2283

Section 25. State Literature Commission. Operations -.-..-..,,.-.--...,,.-._...,,...-_..-..--_,,._,-..-.._.,,--__._.$

31,000

Changed Objects:
Personal Services -.._...._.._..._.-..._.__........._._-. $25,000 Operating- Expenses __--__.__._________.__-_._.---.$ 6,000

Section 26. Merit System of Personal Admin istration.
Changed Objects:
Personal Services .__.-_________._.___.___..____.__.$l,269,500 Operating Expenses _.__________.___._______._____$ 623,500

Section 27. Department of Natural Resources.

A. Operations .._-.____--_.-..__.._-__..-_._..__.___-__.__..__--.._.___.___.-$
Changed Objects:
Personal Services ..._..___,,..._._..._._ $15,691,700 Operating Expenses .____..__._____.___. $11,381,400
Grants:
Land and Water Conservation Fund ._...._..._..._.__.$4,000,000
Local Governments:
Solid Waste Systems _...__.,,_..._..... $2,000,000 Savannah Beach Reclamation ....$ 476,950 Recreation Systems ..._-._..,,..._.__.$ 200,000 Water and Sewer Systems __._.__.$2,000,000

21,592,750

B. Authority Lease Rentals -..._..._...__..__..._--__..__--____.$ Changed Object: Authority Lease Rentals _,,___,,_--$2,546,000

2,546,000

C. Capital Outlay ...._......._..,,...........,,__.._...__.__..,,..,,$ Changed Object: Capital Outlay ______.____.._.___.________._.$15,646,200

15,126,100

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Sec tion or from any other funds without the approval of the State Properties Control Commission.

Provided, however, that none of the above ap propriation for Water and Sewer Grants shall be al lotted to any county or municipality unless such county

2284

JOURNAL OF THE HOUSE,

or municipality shall have reached its legally estab lished bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.

Section 28. Occupational Safety and Health Ad ministration.
Operations ................... .^

47,300

Changed Objects:
Personal Services ._..._-..__.-__._,,_--_...----.$ 51,100 Operating Expenses ___,,.________,,____.___.__..-_$ 43,600

Section 29. Department of Offender Rehabilita tion.

A. Operations ........... .4
Changed Objects:
Personal Services _..-___^..^.-.._-$19,052,100 Operating Expenses .__......__...._....$ 9,616,600

26,429,700

B. Authority Lease Rentals __,,_.__-,,_,,_-__.__,,____-._____-$ Changed Object: Authority Lease Rentals _.-_.,,__.$ 840,000

840,000

C. Capital Outlay ..........................................^ Changed Object: Capital Outlay ___.____._.____._.________.$12,305,000

12,305,000

Section 30. Department of Public Safety.

A. Operations .................................$
Changed Objects:
Personal Services --_-_--_-._--__--_-$16,447,500 Operating Expenses _-..-........__...$ 8,225,300

21,539,300

B. Capital Outlay ,,_____.__...___.__.__.._._____.___.,,.___-...-__$ Changed Object: Capital Outlay _._._......._...__.._-.._$ 167,000

167,000

Provided, that of the above appropriation relating to Capital Outlay, $107,000 is designated and committed to construct and equip a driver's licensing facility in North Fulton County or North Atlanta.

WEDNESDAY, MARCH 7, 1973

2285

Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Provided, that from the above appropriation, there shall be paid to each employee who has repaid moving expenses to the department an amount equal to the re payment such employee has made. Provided, further, that no further repayment of moving expenses by em ployees shall be received by this agency.

Section 31. Public School Employee's Retirement System.

A. Operations _-.._--__-__..___..___.________,,_,,___..__________,,___$ Changed Object: Operating Expenses ._.._--._....._....$ 79,000

79,000

B. Employer Contribution ___________,,____.___.__-___,,____,,_.$ Changed Object: Employer Contribution _.--_--__.$ 7,927,000

7,927,000

Section 32. Public Service Commission. Operations ..._,,_,,._..___$ 1,449,800

Changed Objects:
Personal Services _........................_..... $1,225,400 Operating Expenses ................_.......,,.$ 224,400

Section 33. Regents, University System of Geor gia.

A. Operations ..................................................................I 219,836,541
Changed Objects:
Personal Services ..._..-....._...__. $244,381,041 Operating Expenses ....__...__.....$ 70,417,000 Teachers' Retirement .........._._.. $ 14,172,500 Grants to Junior Colleges __._.._ $ 3,050,000 Regents Scholarships .._........._...$ 200,000 Medical Scholarships ....-......._.$ 336,000

B. Construction: Authority Lease Rentals _.___.___...__..___.,,.__,,,,___-_,,_. $ 19,693,500

2286

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Changed Object: Authority Lease Rentals _..__..,,.. $22,519,170
Capital Outlay ---.-.-.-- --...$ Changed Object: Capital Outlay ..-.._._....-_...._-....._.$27,145,588

25,645,588

Provided, that of the above Capital Outlay ap propriation $480,588 is designated and committed for Phase I construction of the Georgia Agrirama.

Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement
System.

No funds realized by the State Board of Regents of the University System or any college or university, from the State General Fund, from the Federal Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.

Provided, that from appropriated funds in A. and B., the amount of $22,519,170 in F. Y. 1974 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books what soever.

Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of prop erty as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.

Provided, that in the event the Board of Regents determines that construction of dormitories or similar income-producing projects are necessary to the opera tion of the University System, the Board of Regents may, by transfer from Operating Funds, increase the Authority Lease Rental Appropriation above by an amount no greater the $750,000 and the same shall be

WEDNESDAY, MARCH 7, 1973

2287

specifically appropriated for the purpose of Authority Lease Rental Agreements with the Georgia Education Authority (University) for construction of such proj ects. Provided, however, that the amount so transferred from Operating Funds to Authority Lease Rentals shall be approved by the Fiscal Affairs Subcommittees of the General Assembly and shall be no less than the maxi mum annual debt service requirement on the bonds issued to finance the construction of said incomeproducing projects.

Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original bud get estimate; provided, further, that the State ap propriation shall not be reduced by addition of the above revenues to the operating budget of the Regents of the University System of Georgia.

Provided, that revenue from student fees which exceeds the budget estimate of student fees by $2,000,000 shall not be available for operations; pro vided, further, that revenue from sales and services shall be classified as restricted funds and shall be avail able for use by the unit of the University System generating such income.

Section 34. Department of Revenue.
A. Operations ............_.._......._.................._.......__........._...$ 16,308,859
Changed Objects: Personal Services ___________.,,._______. $10,211,019 Operating Expenses .._.......___..._._.$ 5,692,840 Grants ............................................I 412,000

B. Loans to Counties--Property

Tax Reevaluation

. ..................................I

Changed Object:
Loans to Counties for Property Tax Reevaluation __......__. $325,000

170,000

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 in such amounts and for the same purpose as originally appropriated but not to exceed $155,000 in F. Y. 1974. Such amount shall be available for further tax evalua tion loans to counties.

2288

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C. Motor Vehicle Tag Purchases _-..-- ---$ Changed Object: Motor Vehicle Tag Purchases ..._.._ $995,500

995,500

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $838,500 is designated and committed for use in contracting with Offender Rehabilitation for the production of at least 1,950,000 motor vehicle tags.

Section 35. Secretary of State.

A. Operations ................ ^ 4,354,800

Changed Objects:
Personal Services --.-- _...---- $3,024,000 Operating Expenses .----_..-----.$1,330,800

B. Authority Lease Rentals ...-.......$ 815,000

Changed Object: Authority Lease Rentals ------$815,000

Section 36. State Scholarship Commission.

A. Operations

....... --...$ 384,000

Changed Objects:
Personal Services _--------.----------. $456,000 Operating Expenses ------------$323,000

B. Higher Education Assistance Corporation-- Interest and Fees on Loans --.--_..--,,._.--------..$

435,000

Changed Object: Interest and Fees on Loans ------ $435,000

C. Higher Education Assistance Authority--Direct Loans and Tuition Grants--------.-----$ 4,400,000

Changed Objects: Direct Loans ----_----------_.---- $ 200,000 Tuition Grants _...---------- $4,200,000
B. State Scholarship Commission-- Scholarships.--. ....--.-... ......--......__..........-...$

2,200.000

WEDNESDAY, MARCH 7, 1973

2289

Changed Object: Scholarships _______ $2,275,000

E. Law Enforcement Personnel Dependent Scholarships

__.____$

175,000

Changed Object:
Law Enforcement Personnel-- Dependent Scholarships _________________ $175,000

Section 37. Soil and Water Conservation Com mittee.

Operations _.__.._.._,,_..._._$
Changed Objects:
Personal Services _________ $123,000 Operating Expenses _______________________________ $337,800

460,800

Section 38. Teacher's Retirement System. Operations __________________________________________________________________________ $2,087,000

Changed Objects:
Personal Services _ _._______________,______._,,_.$ 295,100 Operating Expenses ___.______________.__________$ 347,600 Employer Contribution ___________________ $2,087,000

Section 39. Department of Transportation. A. Operations (including Capital Outlay) _________$ 185,298,912

Changed Objects:
Personal Services _____________________ $86,691,225 Operating Expenses _______________ $34,132,687 Capital Outlay _________________________ $64,975,000

B. Grants to Counties _______________...__._________________,,.$ 4,817,013.03

For grants to counties for aid in county road con struction and maintenance. Grants shall be distributed and disbursed by the Fiscal Division of the Department of Administrative Services as provided by law.

C. For grants to counties for aid in county road construction and maintenance ________________ $ 4,500,000

The sum appropriated under C. shall be distributed and disbursed to the various counties of the State by the Fiscal Division of the Department of Administrative

2290

JOURNAL OF THE HOUSE,

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 Depart ment of Transportation.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Department of Transportation. At the request of the Governor or Office of Planning and Budget or the Director of the Department of Trans portation 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 ___.,,$ 9,317,000

For grants to municipalities in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

Provided, further, that a member of the governing authority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the 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 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 municipalities on a quarterly basis, such payments to be made on the last day of each quarter.
E. Authority Lease Rentals ..__..,,_-__..____..__-_----..--,,$ 29,921,000
Changed Object:
Authority Lease Rentals __.._...___.$29,921,000
Provided, that of the above appropriation relating to operations, $75,000 is designated and committed for the planning and construction of pilot bike trails on a Statewide system.

WEDNESDAY, MARCH 7, 1973

2291

Appropriation of all funds in subsections A., B., C., and E. 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 Department of Administrative Services 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 re ceived by the Fiscal 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.

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 appro priated for new authority lease rentals to permit the issuance of bonds to finance new projects.

For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the 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 budgetary

2292

JOURNAL OP THE HOUSE,

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 Services and constitutionally appropriated to the Department of Transportation.

Section 40. Department of Veterans Service. Operations .-_._-.--_..-.._-.--_-----_------._--

4,810,000

Changed Objects:

Personal Services

.

,, $1,660,607

Operating Expenses:

Regular _..._......_.__.__...._....._.._...-....-...-_...$ 216,500

Payments to Central

State Hospital __._.._......._._.._......_.___....__.$2,947,893

Payments to Medical

College of Georgia __.._________.__..___.___..____.$1,489,000

Grants to Confederate Widows _.._.,,.$ 42,000

Capital Outlay ......-_..._._.......,....-.........._..._......._.....-.._-..$

1,160,000

Changed Object: Capital Outlay ______________.._______..__._._.__-__...$2,410,000

Section 41. Workmen's Compensation Board.

Operations ..,.,,-..-

..^-$

974,000

Changed Objects:

Personal Services _.._.._._.............. .__...__..___ $821,000

Operating Expenses .

...._...$153',000

Section 42. In addition to all other appropriations for the fiscal year ending June 30, 1974, there is hereby appropriated to the agencies designated hereinafter the amounts listed for each such agency for Personal Serv ices to fund a five percent (5%) salary increase for State employees:

Agency

State General Funds

Department of Administrative Services.---........._...._. ,,...... $ Department of Agriculture _.,,_,,._,,__.._ Department of Audits .-_,,,,__.-._.-- Department of Banking and Finance ,,_-.,,...,,_.--..--..--.--- Department of Community Development _....__........_.....__.. Office of Comptroller General ,,...--.,,,,.,,.Department of Defense _..___,,._.._.-_..-.__.-.,,,,.._....__.,_..,,_.-,,.-... Department of Education ..-.._.._...._.._....._..._..__........,,..._-.._._. Forestry Commission .._..___....._......._......-._.__.._....._,,......._..._,,.

86,000 373,000 70,000
47,100 75,400 101,200 37,545 518,000 380,000

WEDNESDAY, MARCH 7, 1973

Forest Research Council _____ ......... .......

Office of the Governor __......_._._

.........

Department of Human Resources ........................

Department of Labor _..__.__..._..

Department of Law

.....____..._.

Department of Natural Resources ......................

Occupational Health & Safety Administration

Department of Offender Rehabilitation _________

Office of Planning and Budget ........__..._..............

Department of Public Safety __..___...___..._________..___.

Public Service Commission .._............,,_...,,......._.

Department of Revenue ...._....................._._.._......_

Office of Secretary of State ...._....._....._......._.......

Scholarship Commission ....._.._....._..........._._......._...

Soil and Water Conservation Committee ..........

Department of Transportation ............_..._...__.,,...

Department of Veterans Service __________________

Board of Workmen's Compensation ....................

TOTAL ..............................................

2293
4,200 27,200 6,510,130 32,000 83,400 504,000 20,554 840,000 79,600 227,000 41,681 526,765 133,000 19,000 5,800 28,600 187,775 41,050
..$ 11,000,000

Section 43. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No whole sale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gaso
line.

Section 44. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Consti tution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1973, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required pay ments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

2294

JOURNAL OF THE HOUSE,

The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.

45. All expenditures and appropriations made and authorized under this Act shall be according to the objects, programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the regular 1973 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropria tion, nor which would require" operating funds or capital outlay funds beyond fiscal year 1974, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcom mittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Com mittees of the Senate and House of Representatives of all instances revealed in his audit in which the ex penditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.

Section 46. Wherever 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 Budget Report for F. Y. 1974 submitted to the 1973 General Assembly.

Section 47. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in

WEDNESDAY, MARCH 7, 1973

2295

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. 1974 ....................._................_........_.........._..._........_..$1,614,138,769.03

Section 48. This Act shall become effective upon its approval by the Governor or upon its becoming1 law without his approval.

Section 49. All laws and parts of laws in conflict with this Act are hereby repealed.

The Speaker resolved the House into a Committee of the Whole, for the pur pose of considering the Committee substitute to HB 141, designating Mr. Floyd of the 5th, as Chairman thereof.

The Committee of the Who!e arose and through its Chairman reported HB 141 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute, as amended by the Committee of the Whole.

The following amendments were read and adopted:

The Committee of the Whole moves to amend the Committee substitute to HB 141 as follows:
By adding the following language to Section 16, as amended:
"Provided that the State Board of Education shall make allot ments for Sections 11, 12 and 20, teachers, on the basis of the index schedule used for Fiscal Year 1973".

The Committee of the Whole moves to amend the Committee substitute to HB 141 as follows:
By adding in Section 42 after the following "(5%)" the following:
"across the board"

The Committee of the Whole moves to amend the Committee substitute to HB 141 as follows:

JOURNAL OF THE HOUSE,
By striking Section 39, relating to the Department of Transporta tion, in its entirety and substituting therefor a new Section 39, to read as follows:
"Section 39. Department of Transportation.
A. Appropriation of all funds in subsections A., B., 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 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 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 payable in lieu of the amount appropriated herein.
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 hereafter entered into in connection with new projects ap proved by the Department of Transportation. Pro vided, that in the event that lease rental obligations shall be less than the amount provided in the Bud get Report, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.
For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Fed eral Government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improv ing the State Highway System of roads and bridges, and the costs incident thereto provided all expendi tures 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 allo-

WEDNESDAY, MARCH 7, 1973

2297

cation of any funds for other works, and the De partment of Transportation may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, fur ther, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal State 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 contracts essential to and in eluded 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 Services and constitutionally appropropriated to the Department of Transportation.
Operations (including Capital Outlay) __..__,,________$183,761,987

Construction: Authority Lease Rentals __...____-._-_____.__.___.________._._.$ 29,921,000

B. Grants to Counties. For grants to counties for aid in county road construction and maintenance.
Grants shall be distributed and disbursed" by the Fiscal Division of the Department of Administrative Services as provided by law ...._..._._..__...__...__...._..__,,.___,,..$

4,817,013.03

C. For grants to counties for aid in county road construction and maintenance __.__._____.___..__._.___..__--__.___,,.._$ 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 Department of Administrative Services in the same proportional basis to each county as the proportion of each coun ty'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 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 Govenror or 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. For grants to municipalities for Capital

2298

JOURNAL OF THE HOUSE,

Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended --,,__________$ 9,317,000

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 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 fu
ture 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. For the general administrative expenses of airport development, the promotion of aviation safety and the provision of air transportation services.
Operations .,,________,,___,,._____.__,,____._____.__,,__.__-____,,________$

485,925

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.

Construction--Airport Development Capital Outlay ,,...,,_._......_....._._..___.,,,,__

$ 976,000

Provided, that the Department of Transporta tion is authorized to utilize State Airport Develop ment 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.

F. For the identification, planning and develop ment of a comprehensive plan for a statewide sys tem of trails.

Operations

25,000

Construction--Pilot Bikeways Project Capital Outlay _.....__,,..._.__..,,___....___._...__.

50,000

WEDNESDAY, MARCH 7, 1973

2299

Provided, that the Department of Transportation will prepare the comprehensive plan for the Depart ment of Natural Resources, and provided further that the Department of Transportation is authorized to utilize Pilot Bikeways funds to finance part of of the staged construction of a pilot bikeway project when matching federal and/or local funds.

Changed Objects:
Personal Services _,,.__._.__..____,,____-$ 86,691,225 Operating Expenses _..___..__._______.$ 34,132,687 Capital Outlay ...__...__...___.._._...._..$170,763,000 Authority Lease Rentals .__.,,._._$ 29,921,000 Grants to Counties .___..___...__......$ 9,317,013.03 Grants to Municipalities _____.____..$ 9,317,000."

The Committee of the Whole moves to amend the Committee substitute to HB 141 as follows:

By substituting the following in the appropriate section:

Grants Direct to School Systems for Capital Out lay Purposes--Bond Retirement ____._.__,,_.,,_.___,,___._____.$ 624,243

Grants to School Systems for Capital Outlay Purposes--Direct Financing ._..___.____,,_.__.____..______._____-.$ 23,000,000
Capital Outlay _._.._._..___..__...._._....__.._._.__....____..__...,,,,_...._,,.$ 3,255,000

Provided, that of the above appropriation, relative to construction, $23,000,000 is designated and committed for distribution to local systems on a formula to be promulgated by the State Board of Education based on current increased average daily attendance, surveyed projected growth, outstanding local effort of local sys tems and such other criteria by the Board to insure that classroom needed is the basis of distribution.

Provided, that of the above appropriation, relative to operations, $50,000 is designated and committed for the Professional Practices Commission.
Changed Objects:
Personal Services _--__--__..____...___.___-_______.$ 15,879,933 Operating Expenses __._.__.________..____..___..___$ 7,273,164
Capital Outlay:
Capital Outlay (Regular) __._...__.....-....$ 3,630,000 Grants to School Systems for
Capital Outlay Purposes ........_...._..$ 23,000,000

2300

JOURNAL OF THE HOUSE,

Authority Lease Rentals:
Authority Lease Rentals (Regular) ..$ 460,669 Grants to School Systems for
ALR Payments to Georgia Educa tion Authority _,,__-__._--_--._______$ 26,895,088 Grants Direct to School Systems for Capital Outlay Purposes ._..,,..$ 624,243

MFPE Grants:
Teachers Salaries (Section 11) ,,.-.. $258,498,848 Salaries of Other Certificated
Professional Personnel (Section 12) .................. ^ 45,143,778 Special Education Teachers (Section 20) ............ .^ 30,318,549 Maintenance, Operations, and Sick Leave ............ ^ 47,866,926 Travel ...................... .^ 997,840 Isolated Schools -_--____-__..,,_._._____-_-._-$ 55,233 Mid-Term Adjustment ._ .....____.__....__$ 2,450,939 Pupil Transportation _,,._.__.__.-_-_..___,,._-$ 22,390,000 Consumable Materials ,,--_-_.._--_------$ --0-- Textbook Allotments ......_,,--_.--.---..--$ School Library Books and NonConsumable Materials ...--.------.-.$ Instructional Media .._..._..___,,_,,.,,_.__-$ 7,626,322

Non-MFPE Grants:
Teacher Retirement -._-.._.._-.__.__-_.--$ 28,369,549
Cooperative Educational Services Across County Lines ._..$ 2,430,000
Superintendents' Salaries _-.....__.,,,,..$ 2,780,622 Enrichment Equalization ___.__-.__-_--_-,,.$ --0-- Driver Education ........-.-.$ 375,000 Early Childhood Services ___.._____.__.__..__$ --0-- High School Program _____.____-_._.____.____$ 18,732,512 Teacher Training and Research $ 850,000 Local Administration and
Supervision ,,_-._-..__.._.....__.-_.._._-.._-_.$ 273,761 Work Study ..........................................I 103,000 Adult and Post-Secondary _.._,,_..,,___._.$ 39,000 Adult Basic Education ..,,_..... .....--..$ 2,461,000 Area Vocational-Technical
Schools ._ ............................................^ 27,480,644 Manpower Development and
Training __..._..__..._.,,_.__..__.. .._.__..__.._...$ 3,160,000 Instructional Services for
Handicapped ......................................^ 750,000 Preparation of Professional
Personnel for Education of Handicapped ...._._-_..__--_..._.__..-_.._.......$ 104,000 Educational Training Services for the Mentally Retarded ..... ..$ 200,000

WEDNESDAY, MARCH 7, 1973
Tuition for Multi-Handicapped _._,,_. $ 508,000 Severely Emotionally Disturbed .__. $ 2,988,000 Education of Children from Low-
Income Families ....____-.__...__...__-__.$ 41,255,252 Strengthening Instruction in
Critical Subjects ..........$ 1,544,000 School Library Resources and
Other Materials _-..,,.....-._,,...-__.-__..__.$ 1,925,000 Summer Library Supervisory
Program ..-_..-..--..,,-._-._...._..,,.._..$ 57,000 Educational Television ..-__.__.._____.____._$ 56,000 Psychological Services _._____-___.__________.$ 48,000 Guidance, Counseling, and Testing ..$ 200,000 School Lunch .__.,,__...__...__..._...._.._.______$ 49,606,000 Supervising Teachers __.___.__..._....._-_.$ 145,000 Supplementary Education Centers
and Services ,,_______________.__._________,,.____.$ 2,506,000 Teachers Scholarships ..._-_.....__....__--.$ 328,000 In-Service Grants ,,.._..,,..._,,..__...-_..-_..$ 647,000 Research and Demonstration ......,,._._..$ --0-- Salaries and Travel of Public
Librarians .__..__.._...___.._.,,__..._...._._...__..$ 2,461,178 Public Library Service and
Materials ..__-.__.._....,,.,,...__...__...._,,.__..$ 2,262,109 Public Library Construction ..------...$ 1,149,000
Provided that of the above appropriation relative to operations, $27,500 is designated and committed for pay ment to Houston County Speech and Hearing School, and $27,500 is designated and committed for payment to Houston County Happy Hour School."

2301

The Committee of the Whole moves to amend the Committee substitute to HB 141 as follows:
By striking on page 25:
"Provided, that of the above appropriations, relating to operaations, $75,000 is designated and committed for the planning and construction of pilot bikeways, bike trails on a statewide system." and substituting:
"Provided, that of the above appropriations relating to opera tions, $25,000 is designated for planning a statewide system of mul ti-purpose trails, and $50,000 is designated for a pilot bicycle trail as part of said statewide system.".
The Committee of the Whole moves to amend the Committee substitute to HB 141 as follows:
By adding to Section 27c after the Capital Outlay figure the following:

2302

JOURNAL OF THE HOUSE,

"Provided that of the above sum, the sum of $500,000 is to be used for acquiring land and establishing the Picketts Mill and New Hope Church State Park in Paulding County, Georgia", and

By changing in Section 27c after the words "Properties Commis sion", the period to a comma and inserting the following:

"except that land specifically provided for in this Section.".

The Committee of the Whole moves to amend the Committee substitute to HB 141 as follows:
By adding the following language:
"Provided, that of the above appropriation relating to Capital Outlay, $300,000 is designated and committed for the Crooked River Project."
Increase $0. Decrease $0. Section 27 Budget Unit--Department of Natural Resources.
The Committee of the Whole moves to amend the Committee substitute to HB 141 as follows:
By adding the following language:
"Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for General Coffee State Park."
Increase $0. Decrease $0. Section 27. Budget Unit--Department of Natural Resources.
The Committee of the Whole moves to amend the Committee substitute to HB 141 by adding the following language to Section 22:
"Provided that the funds included in this Section for the State to operate the Cobb County Detention Center shall only be available for expenditure therefor upon said facility and real estate being transferred and deeded to the State at no cost to the- State.
The Committee of the Whole moves to amend the Committee substitute to HB 141 as follows:
By adding Section 13B of Part III the following:

WEDNESDAY, MARCH 7, 1973

2303

"No portion of the funds for the World Congress Center herein authorized shall be committed or expended prior to November 1, 1973 and in the event at that time a facility of the type herein contemplated is, in the opinion of the fiscal officer sub-committee, to be financed by other sources than this, sum shall be lapsed."

The Committee of the Whole moves to amend the Committee substi tute to HB 141 by adding after the word "systems" on the 10th line from top of second page, the following words:

", age and condition of existing school buildings,".

The Committee of the Whole moves to amend the Committee substitute to HB 141 as follows:
By striking Section 16 in its entirety and substituting in lieu there of a new Section 16 to read as follows:
"Section 16. State Board of Education-- Department of Education.
A. Operations .,,,,_.,,_,,..____._...___......_..__...J522,455,675
Provided, that none of the State funds appropri ated above may be expended to initiate or commence 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 au thorized by the General Assembly.
Provided, that where teaching personnel are paid in whole or in part from funds other than Statelocal funds, the fund source from which such salary is paid shall be the pro rata part of the cost of em ployer contributions to the Teachers Retirement Sys tem applicable to such salary.
Provided, that with the approval of the Office of Planning and Budget, transfers may be made between the MFPE grants as necessitated by earnings of the Local School Systems.
Provided, that the amount of $7,000,000 in Grants to local School Systems for supplemental in structors and aides shall be used to provide assistance in the elementary grades in the form of additional non-certificated personnel to assist classrooms teach ers in providing intensive instruction and training in order to enable all students to achieve in the various subject matter areas in accordance with their poten tial and abilities. Such personnel shall be available to assist the classroom teacher. Such personnel

2304

JOURNAL OF THE HOUSE,

shall be made available to Local School Systems within the limits of funds available by the State Department of Education on the basis of applica tions by the Local School Systems and a determina tion of critical need by the Local School Systems and the State Department of Education.

Provided, that independent school systems shall shall be eligible to participate in the "mini-buses transportation program.

B. Construction:

Authority Lease Rental Payments to Georgia Education Authority (Schools) _._.$ 460,669

Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) _____._._-____,,_$ 26,895,088

The following amendment was read:

Messrs. King of the 85th and Larsen of the 102nd move to amend the Committee substitute to HB 141 by striking from Section #13B, relating to Fiscal Year 1973-74 the figure $5,043,478 and inserting in lieu
thereof the figure $2,000,000.

Changing object classes as listed below:

Object Class

Existing

Authority Lease Rentals -_..___._-____-~_$5f043,478

Proposed $2,000,000.

Make the following language changes:

"The funds appropriated above include no funds for Authority Lease Rentals as to the Georgia World Congress Center.

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 Beckham Blackshear Bohannon
Brown, C.

Brown, S. P. Burton Castleberry Chance Coleman Collins, M.
Davis, E. T.

Davis, W. Dixon Floyd, L. R. Foster Grantham Harden
Hays

Hudson Irwin, J. R. Jessup Jordan Keyton King Larsen, W. W. Lee, W. S.

WEDNESDAY, MARCH 7, 1973

2305

Logan Oxford Phillips, G. S. Phillips, L. L. Ritchie Russell, J. Sams Smith, V. B.

Sweat Toles Waddle Walker Wall Wheeler, Bobby Wheeler, J. A.

Those voting in the negative were Messrs.:

Adams, G. D. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Bond Bostick Brantley, H. H. Bray Buck Burruss Busbee Carrell Clark Cole Collins, S. Colwell Coney Connell Dean, Gib Dean, J. E. Dean, N. Dickey Dollar Edwards Egan Elliott Evans Parrar Floyd, J. H. Fraser

Gignilliat Grahl Groover Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hawes Horton, G. T. Horton, W. L. Howard Howell Irvin, J. Irvin, R. Johnson Jones Knight Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Levitas Lewis Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles

Milford Moyer Mullinax Murphy Nix Noble Odom Patten, G. C. Patterson Peters Petro Pinkston Rainey Reaves Roach Rogers Ross Rush Russell, W. D. Shanahan Snow Stephens Thompson Tucker Twiggs Vaughn Wamble Ware Whitmire Williams Willis, R. T. Wilson, M. L. Wood, J. T.

Those not voting were Messrs.:

Berry Brantley, H. L. Brown, B. D. Carlisle Carr

Daugherty Dent Dorminy Duke Ellis

Ezzard Geisinger Greer Hill, B. L. Hill, G.

2306
Hutchinson Lambert Lane, W. J. Matthews, D. R. McCracken Morgan Mulherin

JOURNAL OP THE HOUSE,

Nessmith Northcutt
Patten, R. L. Pearce Savage Shepherd Smith, J. R.

Strickland Thomason
Townsend Triplett Turner Wilson, J. M. Mr. Speaker

On the adoption of the amendment, the ayes were 44, nays 100.

The amendment to the Committee substitute was lost.

The Committee substitute, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, 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, C. Brown, S. P. Buck
Burruss Burton Busbee

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. Harrison Hawes
Hays Hill, G. Horton, G. T.

WEDNESDAY, MARCH 7, 1973

230',

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 Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken

McDaniell McDonald McKinney Miles Milford Morgan Moyer 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 Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson
Toles Triplett 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.:

Blackshear Harris, J. R. Hill, B. L.

King Larsen, W. W. Noble

Wall

Those not voting were Messrs.:

Brown, B. D. Carlisle Matthews, D. R.

Mulherin Savage Thomason

Townsend Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 165, nays 7.

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

2308

JOURNAL OF THE HOUSE,

Mr. Egan of the 25th requested the following appear in the Journal:

HOUSE OP REPRESENTATIVES Atlanta, Georgia

March 7, 1973

Honorable George L. Smith II Speaker, Georgia House of Representatives Room 332, State Capitol Atlanta, Ga. 30334

Dear Mr. Speaker:

I request to be excused from attendance in the House of Representa tives on Thursday, March 8. My sole surviving uncle has died, and his funeral will be held in West Virginia on that day. I feel I must attend.

MJE:sbe

Sincerely,
/s/ Michael J. Egan House Minority Leader

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.

THURSDAY, MARCH 8, 1973

2309

Representative Hall, Atlanta, Georgia Thursday, March 8, 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 the Honorable E. B. Toles, Representa tive of the 16th District, Rome, Georgia:
Oh God we are thankful for the Bible; for its teachings and instruction and what is required of man to do justly, to love mercy and to walk humbly with our God. We pray for wisdom and an under standing heart that we may know what is Thy will for our lives as legislators. The people back home have placed confidence in us; we pray that we may never betray the trust, that we may always put God first in our decisions, remembering our obligations to Almighty God and to man.
Dear Lord, we pray your blessings upon our Speaker; grant unto him wisdom and knowledge as he attempts to lead us in the right direction. We are also thankful for those under the Capitol Dome, who support us and lend a helping hand. We would pray Thy blessings upon the lovely ladies who work with us and support us.
Oh, God; help us to always do our best and never loose sight of the teachings of God's Word. We pause to give thanks and to tell You that we love Thee Dear Lord, because You first loved us. All these things we ask in the lovely name of our Lord and Master.
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:

2310

JOURNAL OF THE HOUSE,

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, Thursday, March 8, 1973, and submits the following:

HB

78. No-Fault Motor Vehicle Insurance

HB

84. Income Tax, Local Option

HB

164. Insurance, Lending Institutions

HB

192. Employees' Retirement System, Pension Fund

HB

195J. Teachers' Ret. Sys., Disability Retirement

HB

320. County Municipal Planning and Zoning

HB

429. Bldg. Adm. Bd. Office of Housing Section

HB

430. Office of Housing Section, Create

HB

439. Cities and Counties, Budget, Audit (Reconsidered)

HB

465. Jury Selection, Number of Strikes

HB

504. Hospitals & Institutions, Certificate of Need

HB

734. Foreign Judgments, Enforcement of

HB

737. Alcoholic Beverages, retail sale (Reconsidered)

HB

763. Multiple Prosecutions, Same conduct

HB

784. Landlords, Powers, Rents and Distress Warrant

HB

808. Revenue Bond Law, Disposal of Solid Waste

HB

842. Youthful Offender, Sentencing

HB

891. Motor Vehicle License Plates, Replacement

HB

899. Bicycles, Laws Regulate Operation of

HB

922. County Surveyor, Reg. Land Surveyor

HR 232- 930. Congress, Capital Gains Treatment of Timber

.

HR 234- 930. Ga. Marine Whse. Co., Savannah River Bottom

THURSDAY, MARCH 8, 1973

2311

HB

931. Malt Beverages Production Quantity

HB

946. Records & Public Documents, Authentication

HB

947. Civil & Criminal Cases, Notice of Appeal

HB

949. Building & Loan Assn., Conduct Business

HB

972. Animal Life, Protection of Rare Specimens (Postponed)

HR 256- 978. Juliette G. Low, Hall of Fame

HB 1000. Vital Areas Council, Create

HB 1010. Air Quality Control, Evidence

HB 1028. Unif. Div. of Public Safety, Power of Arrest

HB 1069. Insurance Commissioner, Administrative Pines

HB 1118. Constitutional Requirement for Appropriations

HR 295-1152. Pataula Creek St. Parks, Rename Geo. T. Bagby State Park

ALL COMPENSATION RESOLUTIONS

SB

18. Unif. Commercial Code, Clearing Corporation

SB

29. Supreme & Court of Appeals, Interlocutory Appeals

SB

40. Teachers' Retirement System, creditable service

SB

41. Teachers' Retirement System, retire disability

SB

50. Baldwin County, Convey Property

SB

140. Public Transportation, New Code

SB

203. Fiduciaries, Securities Depository

SB

285. Ports, Seaports, Harbors, DOT give aid

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 114th, 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 1194. By Mr. Edwards of the 95th: A Bill to be entitled an Act to amend an Act abolishing the mode

2312

JOURNAL OF THE HOUSE,

of compensating the Clerk of the Superior Court of Taylor County, 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 1195. By Messrs. Wheeler and Grantham of the 127th and Strickland of the 116th:
A Bill to be entitled an Act to amend an Act incorporating the City of Nahunta, so as to change the date of municipal general election; to change the size of the city council; to stagger the terms of office of the mayor and aldermen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1196. By Messrs. Burruss of the 21st, Nix of the 20th, Wilson, Howard and Atherton of the 19th, McDaniell of the 20th, Kreeger of the 21st and Duke of the 20th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to change the salary provisions relating to the judges of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1197. By Messrs. Nix and Duke of the 20th, Kreeger of the 21st, Atherton and Wilson of the 19th and Burruss of the 21st:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Cobb County, so as to require certain Cobb County officials to disclose their interest in any real property being proposed for rezoning in Cobb County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 318-1197. By Messrs. Grantham and Wheeler of the 127th:
A Resolution authorizing the conveyance of certain state-owned real property located in Coffee County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1198. By Messrs. Bailey, Johnson and Northcutt of the 68th:
A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale, so as to change the provisions relating to ad valorem taxation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

THURSDAY, MARCH 8, 1973

2313

HB 1199. By Mr. Harrison of the 116th:
A Bill to be entitled an Act to provide that each member of the board of county commissioners of certain counties shall receive the sum of $100 per month as compensation for services as a member of such board of commissioners; and for other purposes.
Referred to the Committee on State Planning1 & Community Affairs--Local Legislation.

HR 326-1199. By Messrs. Hudson of the 115th and Grantham of the 127th:
A Resolution proposing an amendment to the Constitution so as to provide that counties and cities shall not incur any new debt after January 1, 1975, to finance more than fifty per centum of any project or improvement; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1200. By Mr. Groover of the 75th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Jones County, so as to change the amount of the bond of each of the Commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1201. By Messrs. Hudson of the 115th and Fraser of the 117th:
A Bill to be entitled an Act to provide that the State shall pay the costs of incarcerating persons convicted of a felony; to provide for the reimbursement of counties for certain costs incurred in incarcerating and caring for such persons; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1202. By Messrs. Triplett of the lllth, Gignilliat of the 105th, Jones of the 109th and Alien of the 108th:
A Bill to be entitled an Act to fix the compensation of a certain official in certain counties (population not less than 185,000 nor more than 190,000); 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:

2314

JOURNAL OP THE HOUSE,

HB 1177. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend an Act creating the office of County Commissioner of Haralson County, so as to change the salary of the County Commissioner; and for other purposes.

HB 1178. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Commissioner of Haralson County, so as to change the compensation of the clerical assistant of the tax com missioner; and for other purposes.

HB 1179. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the ordinary; and for other purposes.

HB 1180. By Mr. Lee of the 114th:
A Bill to be entitled an Act to amend an Act relating to the classifica tion of intangible property for taxation and the rates and taxes applied thereon so as to provide that the immunities and exemptions of banks, banking business and building loan associations shall not relieve such institutions from the tax imposed on long-term notes secured by real estate; and for other purposes.
Referred to the Committee on Banks and Banking.

HR 315-1180. By Messrs. Adams and Smith of the 74th: A Resolution compensating Mr. Cecil Harris; and for other purposes.

HB 1181. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend Code Section 92-3315, relating to the collection of tax out of the assets of a dissolved corporation, so as to provide that the State Revenue Commissioner shall not have the right to bring any action against a person holding assets of a dissolved corporation for the payment of income taxes except in certain cases; and for other purposes.

HB 1182. By Messrs. Fraser of the 117th and Rush of the 104th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Long County on an annual salary in lieu of fees, so as to provide for a clerk of the sheriff; and for other purposes.

THURSDAY, MARCH 8, 1973

2315

HB 1183. By Mr. Hawes of the 43rd:
A Bill to be entitled an Act to fix the salaries of certain judges of certain courts within certain counties (population in excess of 500,000); and for other purposes.

HB 1184. By Messrs. Triplett of the lllth, Gignilliat of the 105th, Ellis of the 107th, Chance of the 112th, Alien of the 108th, Jones of the 109th:
A Bill to be entitled an Act to create a new charter for the City of Garden City; to prescribe the corporate limits of said city; and for other purposes.

HB 1185. By Mr. Carrell of the 71st:
A Bill to be entitled an Act to amend, consolidate, create, revise and supersede the several Acts incorporating the Town of Between in the County of Walton; and for other purposes.

HB 1186. By Messrs. Dean of the 60th and Mason of the 59th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Gwinnett County, so as to change the compensation for the officers thereof; and for other purposes.

HB 1187. By Mr. Edwards of the 95th:
A Bill to be entitled an Act to amend an Act establishing a board of commissioners of Taylor County, so as to change the compensation of the members of said Board; and for other purposes.

HB 1188. By Mr. Edwards of the 95th:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the Ordinary of Taylor County, known as the fee sys tem, and providing in lieu thereof an annual salary, so as to change the salary of said Ordinary; and for other purposes.

HB 1189. By Mr. Edwards of the 95th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner of Taylor County, so as to change the compensation of the tax commissioner; and for other purposes.

HR 317-1189. By Messrs. Williams of the 9th, Pinkston of the 89th, Triplett of the lllth, Logan of the 62nd, Miles of the 79th, Howard of the 19th and Dickey of the 89th:
A Resolution creating the Joint Financial Institution Laws Study Com mittee; and for other purposes.

2316

JOURNAL OF THE HOUSE,

HB 1190. By Messrs. Strickland and Harrison of the 116th:
A Bill to be entitled an Act to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector and the Tax Receiver of Appling County on an annual salary, so as to change the provisions relative to deputies of the sheriff; and for other purposes.

HB 1191. By Mr. Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, so as to increase the number of deputy sheriffs; and for other purposes.

HB 1192. By Mr. Collins of the 45th:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Post-Mortem Examination Act, so as to authorize the Department of Public Safety to lease or rent an airplane to be operated by the Director of the State Crime Laboratory on official business; and for other purposes.

HB 1193. By Messrs. Waddle of the 98th and Moyer of the 99th:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to change the corporate limits of said city; and for other purposes.

SB 33. By Senator Stephens of the 36th:
A Bill to be entitled an Act to fix the salary of the First Assistant Solicitor and the Assistant Solicitors of the Criminal Court of Fulton County; and for other purposes.

SB 79. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, so as to pro vide that members of the pension fund shall include employees of the Atlanta-Fulton County Recreation Authority provided such employees are employed by Fulton County; and for other purposes.

SB 80. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act authorizing the Com missioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees so as to provide prior

THURSDAY, MARCH 8, 1973

2317

service credit for service as an employee of the Atlanta-Fulton County Recreation Authority; and for other purposes.

SB 92. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend "An Act to provide in Fulton County a system for pension and retirement pay to teachers and em ployees of the Board of Education. . .", so as to provide that in computing pension benefits the average monthly salary during the highest 3 years of service shall be the definition of monthly earnings; and for other purposes.

SB 93. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend "An Act to provide in Fulton County a system for pension and retirement pay to teachers and em ployees of the Board of Education. . ", so as to increase the amount of dependent benefits from 60% to 70%; and for other purposes.

SB 94. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pensions and retirement pay to teachers and employees. . .", so as to provide prior service credit for active full time military duty provided for teachers is extended to other employees; and for other purposes.
SB 101. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county, so as to authorize participation by certain officers and employees of Fulton County; and for other purposes.
SB 119. By Senator Barker of the 18th:
A Bill to be entitled an Act to amend Code Chapter 95-18, relating to safe and unsafe railroad crossings, so as to eliminate the designation of safe crossings and to provide that all public highways which cross the main line of any railroad at grade, shall be designated as an unsafe crossing; and for other purposes.
SB 166. By Senator Broun of the 46th:
A Bill to be entitled an Act to provide that it shall be unlawful for members of the General Assembly or any other State elective or ap pointive official, while holding office and for one year after leaving office, to accept compensation, gift, favor, etc. for appearances before any State Board, agency, or Commission; and for other purposes.

2318

JOURNAL OF THE HOUSE,

SB 289. By Senator Dean of the 6th:
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 or emergency vehicles to be operated with flashing lights, so as to pro vide for additional exemptions for permits; and for other purposes.

SB 300. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act authorizing the transfer of prisoners to State prisons or county work camps, while appeals are pending, so as to terminate the requirement of request for transfer by the prisoner or his attorney when the record on the first or direct appeal is transmitted to the appellate court; and for other purposes.

SB 349. By Senator Webb of the llth:
A Bill to be entitled an Act to repeal an Act creating the State Court of Miller County; to provide for the disposition of all suits, cases, papers, processes, books, indexes, and all other matters and materials of said court; and for other purposes.

SB 354. By Senator Kidd of the 25th:
A Bill to be entitled an Act to change the corporate limits of certain municipalities (population not less than 11,575 nor more than 11,750); and for other purposes.

SB 159. By Senator Duncan of the 30th:
A Bill to be entitled an Act to add one additional judge of the superior courts of the Coweta Judicial Circuit of Georgia; and for other pur poses.

SB 353. By Senators Zipperer of the 3rd and Kiley of the 18th:
A Bill to be entitled an Act to amend Code Chapter 65-2, relating to Nonprofit Cooperative Associations, so as to change the definition of the term "agricultural products" to include fisheries products; and for other purposes.

SB 156. By Senator Barker of the 18th:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising, superseding and consolidating the laws of this State re lative to game and fish, so as to provide for the safety of the citizens and visitors in connection with the activities regulated by or pursuant to the provisions of said Act; and for other purposes.

THURSDAY, MARCH 8, 1973

2319

SB 55. By Senator Barker of the 18th:
A Bill to be entitled an Act to amend an Act providing revenue and a source of revenue for paying pension to the firemen of the State and creating the "Firemen's Pension Fund", so as to increase pension benefits; and for other purposes.

SR 32. By Senators Riley of the 1st and Coggin of the 35th:
A Resolution proposing an amendment to the Constitution so as to change the number of members of the General Assembly; and for other purposes.

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

SB 214. Do Pass, as Amended.

SB 314. Do Pass, by Substitute.

SB 238. Do Pass, by Substitute.

HR 228. Do Pass.

HB 693. Do Pass.

Respectfully submitted, Vaughn of the 57th, 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 follow ing Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 12. Do Pass.
HB 869. Do Pass.

2320

JOURNAL OF THE HOUSE,

HB 981. Do Pass.

HB 1001. Do Not Pass.

HB 1094. Do Pass, by Substitute.

SB 262. Do Pass.

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
following Bills and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:
SB 255. Do Pass.
HB 811. Do Pass, by Substitute.
HB 1008. Do Pass.
HB 1009. Do Pass.
HB 1060. Do Pass.
HR 284. Do Pass.
Respectfully submitted, Dorminy of the 15th, 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

THURSDAY, MARCH 8, 1973

2321

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

HB 1018. Do Pass.

Respectfully submitted, Mr. 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 same back to the House with the following recommendations:
HB 6. Do Pass.
Respectfully submitted, Mr. Buck of the 87th, 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 same back to the House with the following recommendations:
HB 203. Do Pass.
HB 317. Do Pass by Substitute.
HB 917. Do Pass.
HB 990. Do Pass.
HB 1035. Do Pass by Substitute.
HB 1050. Do Pass.

2322

JOURNAL OF THE HOUSE,

HB 1061. Do Pass. HB 1062. Do Pass. HB 1063. Do Pass. HB 1071. Do Pass. HB 1077. Do. Pass. HB 1078. Do Pass. HB 1080. Do Pass. HB 1081. Do Pass. HB 1091. Do Pass. HB 1111. Do Pass. HB 1117. Do Pass as Amended. HB 1122. Do Pass. HB 1123. Do Pass. HB 1124. Do Pass. HB 1126. Do Pass by Substitute.

HB 1128. Do Pass. HB 1129. Do Pass. HB 1130. Do Pass. HB 1131. Do Pass. HB 1132. Do Pass. HB 1133. Do Pass. HB 1134. Do Pass. HB 1136. Do Pass. HB 1137. Do Pass. HB 1153. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

THURSDAY, MARCH 8, 1973

2323

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

HR 204- 832. Do Pass.

HB 1037. Do Pass as Amended.

HB 1058. Do Not Pass.

HB 1089. Do Pass.

Respectfully submitted, Levitas of the 50th, 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 973. Do Not Pass.
Respectfully submitted, Matthews of the 62nd, 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

2324

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 577. Do Pass.

Respectfully submitted, Wamble of the 120th, Chairman.

Mr. Cole of the 6th District, Vice-Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 994. Do Pass by Substitute.
Respectfully submitted, Cole of the 6th, Vice-Chairman.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

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 of motor vehicles from private property so as to limit such right, for all but residential property owners to those who prevent access to the property before taking advantage of the impound privileges, and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act approved February 27, 1962 (Ga. Laws 1962, p. 146) which authorized impounding of vehicles illegal ly parked on private property, as amended by an Act approved March 15, 1968 (Ga. Laws 1968, p. 321), so as to prohibit, in certain counties, impounding from property used in certain ways under certain circum-

THURSDAY, MARCH 8, 1973

2325

stances; 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. Section 1 of an Act approved February 27, 1962 (Ga. Laws 1962, p. 146), as amended by an Act approved March 15, 1968 Ga. Laws 1968, p. 321), is hereby amended by adding the following to the first sentence thereof:

", except that in all cities having a population of 400,000 or more according to the 1970 or any future United States Decennial Census and whenever such parcel or space of real property is de voted to any use other than as an off-street interior parking fa cility which contains assigned parking spaces reserved for occu pants of a building or structure served by such facility or occupied residential property, such removal right shall not be exercised after the regular activity on such property is concluded for the day unless access to such property from public ways is blocked by a sturdy chain, cable or rope stretched at least 18" above grade across all driveways or other ways providing access thereto."

so that, when amended, such Section 1 shall read:

"Section 1. Any person entitled to the possession of any parcel or space of real property shall have the right to remove, or cause to be removed, therefrom any vehicle parked thereon not authorized to be parked at the place where it is found and to store, or cause to be stored, such vehicle at the expense of the owner thereof, pro vided that there shall have been conspicuously posted on said real property notice that any vehicle parked thereon not authorized to be parked at the place where it is found may be removed at the ex pense of the owner of such vehicle and information as to where such vehicle can be recovered, except that in all cities having a population of 400,000 or more according to the 1970 or any future United States Decennial Census and whenever such parcel or space of real property is devoted to any use other than as an off-street interior parking facility which contains assigned parking spaces reserved for occu pants of a building or structure served by such facility or occupied residential property, such removal right shall not be exercised after the regular activity on such property is concluded for the day unless access to such property from public ways is blocked by a sturdy chain, cable or rope stretched at least 18" above grade across all driveways or other ways providing access thereto. The person re moving and storing such vehicle shall have a lien against same for the expense of such removal storage. Such lien may be asserted and enforced and shall be entitled to the same priorities as that of special liens or personalty authorized by Section 67-2003 of the Code of Georgia, as amended."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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JOURNAL OF THE HOUSE,

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

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

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

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

HB 1035. By Messrs. Chance of the 112th, Triplett of the lllth, Jones of the 109th and others:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Pooler, as amended, so as to change and extend the corporate limits of the Town of Pooler; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a new charter for the Town of Pooler, approved January 30, 1946 (Ga. Laws 1946, p. 593), as amended, particularly by an Act approved February 23, 1956 (Ga. Laws 1956, p. 2530), an Act approved March 3, 1962 (Ga. Laws 1962, p. 2704), an Act approved April 8, 1965 (Ga. Laws 1965, p. 3399), an Act approved February 24, 1967 (Ga. Laws 1967, p. 2034), an Act approved April 10, 1971 (Ga. Laws 1971, p. 3508), and an Act approved March 27, 1972 (Ga. Laws 1972, p. 2953), so as to change and extend the corporate limits of the Town of Pooler; to increase the authorized salaries of the Mayor, Aldermen and Recorder of the Town of Pooler; to increase the qualifying fees of the Mayor, Aldermen and Recorder of the Town of Pooler; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a new charter for the Town of Pooler, approved January 30, 1946 (Ga. Laws 1946, p. 593), as amended, par ticularly by an Act approved February 23, 1956 (Ga. Laws 1956, p. 2530), an Act approved March 3, 1962 (Ga. Laws 1962, p. 2704), an Act approved April 8, 1965 (Ga. Laws 1965, p. 3399), an Act approved Feb ruary 24, 1967 (Ga. Laws 1967, p. 2034), an Act approved April 10, 1971 (Ga. Laws 1971, p. 3508), and an Act approved March 27, 1972 Ga. Laws 1972, p. 2953), is hereby amended by adding a new Section, to be known as Section 2D, to read as follows:

THURSDAY, MARCH 8, 1973

2327

"Section 2D. In addition to the present Corporate Limits of Pooler, as they exist at the time of the approval of this Act, the Corporate Limits of the Town of Pooler shall also include the follow ing described tracts of land:

ALL that certain tract of land situate, lying and being in Chat ham County, Georgia, described as follows: Beginning at the point of intersection of the Southerly right-of-way line of U. S. Highway No. 80 (Old Louisville Road) and the Western Limits of the Town of Pooler, which point is located on the Southerly right-of-way line of U. S. Highway No. 80 (Old Louisville Road) and which point is the Point of Beginning; running thence South Twenty-one degrees Twenty-three minutes West (S 21-23' W) a distance of Two Hun dred (200) feet along the Town of Pooler Limits to a point; run ning thence South Sixty-Eight degrees Thirty-seven minutes East (S 68-37' E) a distance of Seventy-five (75) feet along the Town of Pooler Limits to a point; running thence South Twenty-one de grees Twenty-three minutes West (S 21-23' W) a distance of One Hundred Fifty-six (156) feet along the Town of Pooler Limits to a point on the Northern right-of-way line of the Central of Georgia Railway; running thence North Seventy-three degrees Twenty-eight minutes West (N 73-28' W) a distance of One Thousand Seven Hundred Sixty-one and Three One Hundredths (1761.03) feet along the Northern right-of-way line of the Central of Georgia Railway to a point; running thence North Sixteen degrees Thirty-two minutes East (N 16-32' E) a distance of Twenty-five and Thirtythree One Hundredths (25.33) feet to a point; running thence North Seventy-three degrees Twenty-eight minutes West (N 73-28' W) a distance of Thirty-eight and Five Tenths (38.5) feet to a point; running thence North Eleven degrees Zero minutes East (N 1100' E) a distance of Four Hundred Ninety-one and Fifteen One Hun dredths (491.15) feet to a point on the Southern right-of-way line of U. S. Highway No. 80 (Old Louisville Road) ; running thence South Sixty-eight degrees Thirty-seven minutes East (S 68-37' E) a distance of One Thousand Two Hundred Thirteen (1,213.00) feet along the Southern right-of-way line of U. S. Highway No. 80 (Old Louisville Road) to a point; running thence South Twenty-one de grees Twenty-three minutes West (S 21-23' W) a distance of Elev en (11) feet to a point; running thence South Sixty-eight degrees Thirty-seven minutes East (S 68-37' E) a distance of Five Hundred Thirty-eight (538) feet along the Southern right-of-way line of U. S. Highway No. 80 (Old Louisville Road) to a point; running thence North Twenty-one degrees Twenty-three minutes East (N 21-23' E) a distance of Eleven (11) feet to a point; running thence South Sixty-eight degrees Thirty-seven minutes East (S 68-37' E) a dis tance of Forty-four (44) feet along the Southern right-of-way line of U. S. Highway No. 80 (Old Louisville Road) to a point, which point or corner was the Point of Beginning. The above-described tract of land being more fully shown on a plat made by Hussey,
Gay and Bell, Consulting Engineers, Savannah, Georgia, dated
February 19, 1973, recorded in the Office of the Clerk of the Su
perior Court of Chatham County, Georgia, in Plat Record Book W,
Folio 175, and marked on said map as 'Parcels to be annexed for
Town of Pooler, Ga.', and to which specific reference is specifically
made.

2328

JOURNAL OF THE HOUSE,

ALL that certain tract of land situate, lying and being in Chat ham County, Georgia, described as follows: Commencing at the Point of intersection of the Northerly right-of-way line of U. S. Highway 80 and the Western boundary line of property now or formerly of Joshua Dowd, which point is the Point of Beginning; running thence North Seventy degrees Forty-eight minutes West (N 70-48' W) a distance of One Thousand Five Hundred Ninetyfive (l,595j) feet along the Northern right-of-way line of U. S. Highway No. 80 to a point; running thence North Nineteen degrees Twelve minutes East (N 19-12' E) a distance of One Thousand Twenty (1,020) feet to a point; running thence North Sixty-six degrees Nineteen minutes East (N 66-19' E) a distance of One Thousand Two Hundred Seventy-nine (1,279) feet to a point; run ning thence South Seventy-three degrees Zero minutes East (S 7300' E) a distance of Two Thousand Sixty-five (2,065) feet to a point; running thence South Sixteen degrees Sixteen minutes West (S 16-16' W) a distance of One Thousand Two Hundred Eightyone and Seventy-two One Hundredths (1,281.72) feet along the present Town Limits to a point; running thence South Fifty degrees Eight minutes West (S 50-08' W) a distance of One Hundred Eighteen and Eighty-One Hundredths (118.80) feet to a point; running thence North Fifty-two degrees Ten minutes West (N 5210' W) a distance of Six Hundred Eighty-one and Seventy-eight One Hundredths (681.78) feet to a point; running thence South Seventy-five degrees Sixteen minutes West (S 75-16' W) a dis tance of Two Hundred Fifty-two and Twelve One Hundredths (252.12) feet to a point; running thence South Twenty degrees Thirty-three minutes (S 20-33' E) a distance of Eight Hundred Nineteen and Seventy-two One Hundredths (819.72) feet to a point; running thence South Fifty degrees Six minutes West (S 50-06' W) a distance of Forty-four and Eighty-eight One Hundredths (44.88) feet to a point on the Southerly right-of-way line of U. S. Highway No. 80; running thence North Seventy degrees Forty-eight minutes West (N 70-48' W) a distance of Five and Twenty-eight One Hun dredths (5.28) feet along the Southerly right-of-way line of U. S. Highway No. 80 to a point; running thence North Twenty-two de grees Thirty-two minutes West (N 22-32' W) a distance of One Thousand Five Hundred Seventy and Eighty One Hundredths (1,570.80) feet to a point; running thence South Nineteen degrees Twelve minutes West (S 19-12' W) a distance of One Thousand One Hundred Sixty-two (1,162) feet to a point on the Northern right-of-way line of U. S. Highway No. 80, which point was the Point of Beginning. The above-described tract of land being more fully shown on a plat made by Hussey, Gay and Bell, Consulting Engineers, Savannah, Georgia, dated February 19, 1973, recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book W, Folio 176, and marked on said map as 'Areas to be annexed for Town of Pooler, Georgia", and to which specific reference is specifically made.

ALL that certain tract of land situate, lying and being in Chat ham County, Georgia, described as follows: Beginning at the point of intersection of the Easterly right-of-way line of Sheftal Street and the Southerly right-of-way line of Mell Street, which point is also the Southeast Corner of the intersection of Sheftal Street and Mell Street, and which point or corner is the Point of Beginning; run-

THURSDAY, MARCH 8, 1973

2329

ning thence South Seventy-two degrees Zero minutes East (S 72-00' E) a distance of One Thousand Nine Hundred Seventy-six (1,976) feet, more or less, along the Southern right-of-way line of Mell Street to its point of intersection with the Westerly right-of-way line of Line Street; running thence South Nineteen degrees Zero minutes West (S 19-00' W) a distance of One Thousand Fifty 1,050) feet along the Westerly right-of-way line of Line Street to a point; running thence North Thirty-one degrees Zero minutes West (N 3100' W) a distance of One Hundred Eighty-two (182) feet to a point; running thence North Eighteen degrees Zero minutes East (N 1899' E) a distance of One Hundred Seventy-eight (178) feet to a point; running thence North Seventy-two degrees Zero minutes West (N 72-00' W) a distance of One Thousand Two Hundred Forty-five (1,245) feet, more or less, to a point on the Westerly right-of-way line of Chestnut Street; running thence North Fortynine degrees Thirty minutes West (N 49-30' W) a distance of Five Hundred Seventy-five (575) feet, more or less, to the point of inter section between the Easterly right-of-way line of Sheftal Street and the Southerly right-of-way line of Park Street; running thence north Eighteen degrees Zero minutes East (N 18-00' E) a-distance of Six Hundred Twenty-five (625) feet, more or less, along the Easterly right-of-way line of Sheftal Street to its point of intersec tion with the Southerly right-of-way line of Mell Street, which point or corner was the Point of Beginning. The above-described tract of land being more fully shown on a plat made by Hussey, Gay and Bell, Consulting Engineers, Savannah,' Georgia, dated Feb ruary 19, 1973, recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book W, Folio 177, and marked on said map as 'Parcels to be annexed for the Town of Pooler, Ga.' and to which specific reference is specifically made.

ALL that certain tract of land situate, lying and being in Chat ham County, Georgia, described as follows: Beginning at the point of intersection of the Southerly right-of-way line of Pipemaker Canal and the Easterly right-of-way line of Cemetery Road, which point is located on the Easterly right-of-way line of Cemetery Road and is the Point of Beginning; running thence North Eighty-three degrees Thirty-nine minutes East (N 83-39' E) a distance of Sixty four and Ninety-three One Hundredths (64.93) feet to a point; run ning thence North Sixty degrees Forty-six minutes East (N 60-46' E) a distance of Eight Hundred Fifty-five and Twenty-four One Hundredths (855.24) feet to a point; running thence North Thirtynine degrees Forty-three minutes East (N 39-43' E) a distance of Seven Hundred Seventy-eight and Sixty One Hundredths (778.60) feet to a point; running thence North Forty-six degrees Forty-three minutes East (N 46-43' E) a distance of One Hundred Thirty-One and Twenty-one One Hundredths (131.21) feet to a point; running thence North Fifty-six degrees Forty-seven minutes East (N 5647' E) a distance of Sixty-four and Ninety-six One Hundredths (64.96) feet to a point; running thence North Seventy-two degrees Forty-two minutes East (N 72-42' E) a distance of Eight Hundred Forty-two (842) feet to a point; running thence North Sixty-three degrees Six minutes Thirty seconds East (N 63-06' 30" E) a dis tance of One Thousand One Hundred Ten and Fifteen One Hun dredths (1,110.15) feet to a point; running thence North Sixtythree degrees Eleven minutes Thirty seconds East (N 63-ll' 30" E)

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JOURNAL OF THE HOUSE,

a distance of Seven Hundred Two and Fifty-nine One Hundredths (702.59) feet to a point, which point is located at the intersection of Thompson Brothers Property and the Southerly right-of-way line of Pipemaker Canal; running thence South Eighteen degrees Twelve minutes Thirty seconds West (S 18-12' 30" W) a distance of One Thousand Nine Hundred and Forty One Hundredths 1,900.40) feet to an iron pipe Old P.O.L.; continuing thence South Eighteen degrees Twelve minutes Thirty seconds West (S 18-12' 30" W) a distance of One Thousand Nine Hundred Nine and Eighty-one One Hundredths (1,909.81) feet to an iron pipe Old P.O.L.; con tinuing thence South Eighteen degrees Twelve minutes Thirty sec onds West (S 18-12' 30" W) a distance of Two Hundred Thirtythree and Ninety-five One Hundredths (233.95) feet to a point; con tinuing thence South Eighteen degrees Twelve minutes Thirty sec onds West (S 18-12' 30" W) a distance of Five Hundred Fiftyeight and Ninety-eight One Hundredths (558.98) feet to a point, which point is located on the Southerly right-of-way line of Oliver Street; running thence North Seventy-three degrees Eleven minutes Thirty seconds West (N 73-ll' 30" W) a distance of One Thousand Seven Hundred Six and Sixty-six One Hundredths (1,706.66) feet along the Southerly right-of-way line of Oliver Street to a point on the Easterly right-of-way line of the Trinity Methodist Church of Pooler; running thence North Twenty degrees Twenty-five minutes Thirty seconds East (N 20-25' 30" E) a distance of Sixty (60) feet, more or less, along the Eastern boundary line of the property of Trinity Methodist Church of Pooler (Western right-of-way line of Newton Street) to a point; running thence North Sixty-eight de grees Forty-one minutes Thirty seconds West (N 68-41' 30" W) a distance of Five Hundred Twenty and Eighty-five One Hun dredths (520.85) feet along the Northern boundary line of the property of Trinity Methodist Church of Pooler to a point on the Easterly right-of-way line of Cemetery Road; running thence North Ten degrees Thirty-four minutes West (N 10-34' W) a dis tance of One Thousand Seventy-four and Seventeen One Hundredths (1,074.17) feet to a point; running thence North Twenty-two de grees Nineteen minutes West (N 22-19' W) a distance of Three Hundred Eighty-one and Thirty-seven One Hundredths (381.37) feet to a point, which point is located at the intersection of the Southerly right-of-way line of Pipemaker Canal and the Easterly right-of-way line of Cemetery Road and which point was the Point of beginning. The above-described tract of land being more fully shown on a plat made by Leigh Gignilliat showing portions of Symons First and Second Additions, Town of Pooler, 8th G. M. District, Chat ham County, Georgia, recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book W, Folio 178, and to which specific reference is specifically made.

ALL that tract of land in Chatham County, State of Georgia, in the 8th G. M. District, and being more particularly described as follows: Beginning at a point on the North side of the right-ofway of the Pipemaker Canal where property herein described joins the property of A. D. Kent, and running thence along the line of A. D. Kent and W. S. Godley, North Eighteen and one-half degrees East (N 18% E), Seventeen Hundred Ninety-eight (1,798) feet; running thence along the lines of W. S. Godley South Seventy-five and One-fourth degrees East (S 75 1/4 E), Two Thousand Five Hun-

THURSDAY, MARCH 8, 1973

2331

dred Thirty (2,530) feet; running thence North Nineteen and Onehalf degrees East (N. 19% E), Five Hundred Forty-nine and Five Tenths (549.5) feet; running thence along the lines formerly of George Fryhofer South Seventy-three and One-half degrees East (S 73% E), Sixteen Hundred and Sixty-five (1,665) feet; running thence South Seventeen degrees and Fifty-five minutes West (S 17 15' W), Two Thousand Thirty-two and Eight Tenths (2032.8) feet; running thence along the line now or formerly of Dotson, North Fiftythree degrees W (N53 W) Three Hundred Sixty-nine and Six Tenths (369.6) feet; running thence South Fifty-three degrees West (S 53 W) Sixteen Hundred Fifty-nine (1,659) feet; running thence North Thirty-seven degrees West (N 37 W) Eleven Hundred Thirty (1,130) feet to the North side of the right-of-way of the Pipemaker Canal; running thence along the North side of said Canal in a Northwesterly direction to the Point of Beginning; said tract containing Two Hundred Ten and Fourteen One Hundredths (210.14) acres, more or less, according to a survey made by Robert D. Gignilliat, C. E., said map dated April 27, 1926, being of record in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Map Book No. 2, Folio 148, with the lands described here in being shown within the red lines on said map and being the same lands conveyed by S. H. Oliver to H. H. Barrow in a Deed of Rec ord in the aforesaid Clerk's Office in Book of Deeds 21-U's, Folio 69; this being the same property conveyed to A. D. Kent on May 12, 1928, by John J. Bouhan by Warranty Deed of record in the afore said Clerk's Office in Book of Deeds 24-G's/Folio 333, to which ref erence is hereby made for better determining the metes, bounds and dimensions of the property herein described; saving and excepting, however, the following: All that certain tract or parcel of land situate, lying and being in the 8th G. M. District of Chatham Coun ty, Georgia, and more particularly shown on a map or plat prepared by Sewell & Associates, Savannah, Georgia, on March 29, 1962, which map or plat is recorded in the Clerk's Office of the Superior Court of Chatham County, Georgia, in Plat Record Book N, Folio 121, and being described as follows: Beginning at a concrete marker One Hundred Eighty and Ninety-eight One Hundredths (180.98) feet South Fifty-five degrees Seventeen minutes West (S 55-17' W) from the Westerly boundary of Travis Field, the distance being measured from a point marking the intersection of the Northeaster ly corner of the lands of T. H. Dotson with said Westerly boundary of Travis Field, which marker is the Point or Place of Beginning; running thence South Fifty-five degrees Seventeen minutes West (S 55-17' W) a distance of One Thousand Four Hundred Seven and Twelve One Hundredths (1407.12) feet to a concrete monument; running thence North Thirty-seven degrees West (N 37 W) a dis tance of Eight Hundred Seventy-eight and Six Tenths (878.6) feet to a concrete marker; running thence North Two degrees Nine minutes West (N 02-9' W) a distance of One Hundred Forty-five and Seventy-seven One Hundredths (145.77) feet to a point; running thence North Twenty-nine degrees Six minutes West (N 29-06' W) a distnace of One Hundred Nineteen and Thirty-one Hundredths (119.31) feet to a point; running thence North Firty-seven degrees Eleven minutes West (N 47-ll' W) a distance of One Hundred
Forty-three and Ten One Hundredths (143.10) feet to a concrete
marker; running thence South Eighty-two degrees Twenty-four
minutes East (S 82-24' E) a distance of Eighteen Hundred Seven-

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JOURNAL OF THE HOUSE,

ty and Sixty-two One Hundredths (1,870.62) feet to the concrete monument marker referred to as the Place of Beginning; said tract containing Twenty and Seventy-seven One Hundredths (20.77) acres, more or less, and as a whole being bounded as follows:
Northerly by remaining lands of Alfred Duncan Kent; Southeaster ly by lands of T. H. Dotson; and Westerly by the Barrow Tract and Pipemaker Canal, the property herein described being a portion of the lands conveyed by John J. Bouhan to A. D. Kent by Warranty Deed dated May 12, 1928, and recorded in the Clerk's Office of the Superior Court of Chatham County, Georgia, in Book of Deeds
24-G's, Folio 333.

ALL that certain tract or parcel of land situate in Chatham County, Georgia, and in the 8th G. M. District, and more particularly described as follows: Beginning at a point on the North side of the Pipemaker Canal at a point where the road from Pooler intersects the said Canal, the same point being a corner between the lands herein described and the lands formerly of D. C. Newton, and run ning thence along the line formerly of D. C. Newton North Twentyfive degrees West (N 25 W) One Thousand Seven Hundred Sixtyseven and Three Tenths (1,767.3) feet to a corner; running thence North Seven degrees Ten minutes West (N 07-10' W) Two Thousand Six Hundred Seventy-five and Five Tenths (2,675.5) feet to a corner; running thence along the lines of the property belonging to W. S. Godley as follows: South Eighty-four degrees East (S 84 E) Three Thousand One Hundred Fifty-five (3,155) feet; running thence North Fifty-eight degrees Twenty-eight minutes East (N 58-28' E) Twenty-five Hundred Fifty and Two Tenths (2,550.2) feet; running thence South Twenty degrees Eighteen minutes West (S 20-18' W) Sixteen Hundred Thirty-six and Eight Tenths (1,636.8) feet; running thence South Seventy-two and Onehalf degrees East (S 72% E) Twenty-four Hundred Eighty-six and Six Tenths (2,486.6) feet; running thence along the lines of the tract formerly owned by B. H. Barrow, but now owned by A. D. Kent, South Eighteen and One-half degrees West (S 18y2 W) Five Hun dred (500) feet to the North side of the right-of-way of the Pipemaker Canal; running thence along the North side of the right-ofway of said Canal in a Westerly direction to the Point of Beginning; said tract containing Three Hundred Seventy-two and Forty-one One Hundredths (372.41) acres, more or less, according to a survey made by Robert D. Gignilliat, Civil Engineer; said map being dated April 27, 1926, and being of record in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Map Book 2, Folio 19; express reference is hereby made to the aforesaid map and to the Deed from S. H. Oliver to A. D. Kent dated May 12, 1926, of record in the aforesaid Clerk's Office in Book of Deeds 21-S's, Folio 151, for better determining the metes, bounds and dimensions of the property herein described.

ALL that certain tract or parcel of land situate, lying and being in the 8th G. M. District of Chatham County, Georgia, and being more particularly shown on a map or plat prepared by Sewell & Associates, Savannah, Georgia, on March 29, 1962, which map or plat is recorded in the aforesaid Clerk's Office in Plat Record Book N, Folio 121, and being described as follows: Beginning at a point on the Northeasterly edge of the Old S & A Railroad (which right-

THURSDAY, MARCH 8, 1973

2333

of-way is now abandoned), North Forty-five degrees West (N 45 W) One Thousand Thirty-eight and Seven Tenths (1,038.7) feet to a point; thence North Seventy-four degrees West (N 74 W) seven Hundred Forty-seven and Eighty-five One Hundredths (747.85) feet to a corner; thence North Twenty-three degrees Thirty minutes East (N 23-30' E) Four Hundred Eleven and Eight One Hun dredths (411.08) feet to a corner; thence South Seventy-four de grees East (S 74 E) One Thousand Six Hundred Thirty-one and Fifty-seven One Hundredths (1,631.57) feet to a corner; thence South Eighteen degrees West (S 18 W) Nine Hundred Ten and Eleven One Hundredths (910.11) feet to the point of Beginning containing Twenty and Seventy-seven One Hundredths (20.77) acres, more or less, and being the same property conveyed to Alfred Duncan Kent'by the Mayor and Aldermen of the City of Savannah acting by and through the Savannah Air Port Commission on April 27, 1962, reference being hereby made to the aforesaid plat and Deed for better determining the metes, bounds and dimensions of the property herein described.

ALL that certain portion of the right-of-way of the Pipemaker Canal lying East of the Easterly right-of-way line of Cemetery Road; said right-of-way being Eighty (80) feet in width and it being the intent to include within said corporate Limits all of the right-ofway of the Pipemaker Canal that is contiguous to and that separ ates any portion of the property described in this Bill. Any portion of the right-of-way of the Pipemaker Canal that is bounded by the property described herein only on one side shall be excluded from the Town Limits of the Town of Pooler. Only that portion of the Pipemaker Canal that is bounded on both sides by the property de scribed in this Bill shall be included in the Corporate Limits of the Town of Pooler."

Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting a new Section 4 to read as follows:

"Section 4. BE IT FURTHER ENACTED that qualified per sons aspiring to the offices of Mayor, Aldermen or Recorder, shall on or before the Twentieth day of December preceding the January election, request the Recorder to place his or her name on the ballot to be prepared for said election, and shall, at the same time pay to the Treasurer of said Town the sum of Forty ($40.00) Dollars if he or she is qualified to run for Mayor, and the sum of Twenty-five ($25.00) Dollars if he or she be qualified to run for Recorder or Al dermen. Said fees to be used to help defray the expenses of the print ing of the ballots and of the election and the balance, if any, to be placed in the common treasury of said Town."
Section 3. Said Act is further amended by striking Section 15 in its enirety and inserting in lieu thereof a new Section 15 to read as fol lows:
"Section 15. BE IT FURTHER ENACTED that the Recorder shall be paid a salary not to exceed $280.00 per annum, to be fixed by the Town Council by annual ordinance. The Mayor shall be paid a salary not to exceed $400.00 per annum to be fixed by the Town

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JOURNAL OP THE HOUSE,

Council. The Aldermen, each, shall be paid a salary not to exceed $200.00 per annum, to be fixed by the Town Council."

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

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

HB 1117. By Messrs. Kreeger of the 21st, Nix and McDaniell of the 20th and others:
A Bill to be entitled an Act to amend an Act providing for a new char ter for the City of Marietta, as amended, so as to remove the require ment that candidates for mayor and council be freeholders of the City of Marietta; and for other purposes.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1117 as follows:
By adding in the title on line 5 of page 1, between the word symbol "office;" and the word "to", the following:
"to change the corporate limits of said city;".
By renumbering Sections 2 and 3 on page 4 as 4 and 5, respectively, and inserting two new Sections, to be designated Sections 2 and 3, to read as follows:
"Section 2. Said Act is further amended by adding after Sec tion 2-L a new Section, to be designated as Section 2-M, to read as follows:
'Section 2-M. In addition to that territory presently embraced within the corporate limits of the City of Marietta, the following tracts of land shall be included within the corporate limits of said city:

THURSDAY, MARCH 8, 1973

2335

Tract 1. All that tract or parcel of land lying and being in Land Lot 1068, 16th District, 2nd Section, Cobb County, Georgia, and being a portion of the property (set aside to Paul E. Howard in a suit for partitioning in the Cobb Superior Court being Suit No. 3268) and being shown on a plat by J. B. Phillips, Surveyor, dated July 25, 1957, and a copy of which is recorded in Plat Book 16, Page 103, Cobb County Records, more particularly described as follows:

Beginning at an iron pin marking the southeast corner of said Land Lot 1068; run thence north 42 degrees 08 minutes west for a distance of 265.3 feet to an iron pin, point and corner on the south easterly side of Bankston Road; run thence northeasterly along the southeasterly side of Bankston Road at an interior angle of 102 degrees 49 minutes for a distance of 129.7 feet to a point; thence continuing northeasterly at an interior angle of 196 degrees 58 minutes along the southeasterly side of Bankston Road for a distance of 240.5 feet to an iron pin, point and corner; thence easterly at an interior angle of 109 degrees 45 minutes for a dis tance of 15 feet to the east line of said Land Lot 1068; thence south 1 degree 40 minutes east along the east line of said Land Lot 1068 for a distance of 535 feet to the iron pin at the southeast corner of said land lot and the point of beginning.

Tract 2. All that tract or parcel of land lying and being in Land Lot 1153, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described in plat by A. O. Carlile, registered surveyor, dated 12-21-71:

Beginning at an iron pin, said pin being located 231.0 feet to center of Mountain View Ridge Drive; thence south 89 degrees 08 minutes west a distance of 199.8 feet to an iron pin; thence south 89 degrees 40 minutes west a distance of 121.3 feet to an iron pin; thence north 0 degrees 34.54 minutes east along Mountain View Ridge Drive 263.9 feet to a point; thence continuing along Mountain View Ridge Drive 6 degrees 21 minutes west a distance of 260.0 feet to an iron pin; thence north 89 degrees 025 minutes west a distance of 202.38 feet to an iron pin; thence south 1 degree 07 minutes west a distance of 100 feet to an iron pin; thence north 89 degrees 42 minutes east 175.6 feet to an iron pin on the right of way on Mountain View Road; thence south 1 degree 00 minutes west 125.0 feet to an iron pin stake; thence south 8 degrees 03 minutes west a distance of 179.0 feet to a point of beginning. Said property containing- 3.3 acres.

Tract 3. All that tract or parcel of land lying and being in Land Lot 1226, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:

Beginning at a point on the south side of Marietta-Dallas High way at the northeast corner of the Henry Manning (formerly H. S. Manning) property; thence south along the east side of said Man ning property, a distance of 175 feet; thence east a distance of 65 feet; thence north a distance of 175 feet; thence west along the

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JOURNAL OF THE HOUSE,

south side of said Marietta-Dallas Highway a distance of 65 feet to the point of beginning.

Tract 4. All that tract or parcel of land lying and being in Land Lots 726 and 787, 17th District, 2nd Section, Cobb County, Georgia, being 4,2471 acres as per survey for Ramco Inns of Geor gia, Inc. by Ernest L. Boggus dated May 26, 1970 and recorded in plat book 49, p. 113, Records of Cobb County, Georgia and being more particularly described as follows:
Beginning at an iron pin on the northerly right of way of Delk Road one thousand nineteen and forty-eight hundredths (1,019.48) feet easterly, as measured along the northerly right of way of Delk Road from the point and corner formed by the norther ly right of way of Delk Road and the easterly right of way of Frank lin Road; thence north 88 degrees 33 minutes east along the norther ly right of way of Delk Road a distance of two hundred seventyfour and fifty-five hundredths (274.55) feet to a concrete monument; thence south 89 degrees 26 minutes east along the northerly right of way of Delk Road a distance of one hundred fifty-five and one tenth (155.1) feet to an iron pin; thence north 0 degrees 31 minutes east a distance of forty-five (45) feet to a point and corner; thence south 89 degrees 26 minutes east a distance of twenty-five (25) feet to an iron pin and corner; thence south 0 degrees 31 minutes a distance of forty-five (45) feet to an iron pin situated on the northerly right of way of Delk Road; thence south 89 degrees 26 minutes east a distance of forty-five (45) feet to a concrete monu ment situated on the southwesterly right of way of Interstate High way No. 75; thence north 21 degrees 03 minutes west along the south westerly right of way of Interstate Highway No. 75 a distance of one hundred seventy-six and seventy eight hundreths (176.78) feet to a concrete monument; thence 8 degrees 18 minutes west along the southwesterly right of way of Interstate Highway No. 75 a distance of two hundred sixty-three and twenty-five hundreths (263.25) feet to an iron pin and corner; thence south 88 degrees 33 minutes west a distance of four hundred eight and eight tenths (408.8) feet to an iron pin situated on the easterly side of Kingston Court; thence south 1 degree 27 minutes east a distance of four hundred twenty (420) feet to an iron pin on the north right of way line of Delk Road at the point of beginning.
Tract 5. All that tract or parcel of land lying and being in Land Lots 786 and 799, 17th District, 2nd Section Cobb County, Georgia, and being more particularly described as follows:

Beginning at a concrete monument at the intersection of the southerly side of Delk Road with the northerly side of Interstate Highway No. 75 (Project No. 1-75-3 (21) 273); thence south 88 de grees 42 minutes east along the right of way of Delk Road 188.5 feet to a concrete monument; thence north 80 degrees 28 minutes east and continuing along said right of way 152.4 feet to a con crete monument and the end of limited access; thence continuing along said right of way north 88 degrees 25 minutes east 49.75 feet to an iron pin; thence south 1 degree 0 minutes west 200 feet to an iron pin; thence south 89 degrees 0 minutes east 300 feet to an

THURSDAY, MARCH 8, 1973

2337

iron pin; thence south 29 degrees 25 minutes west 591.57 feet to a point on the northeast side of Interstate Highway No. 75; thence north 30 degrees 37 minutes west and along the right of way of said Highway 163.1 feet to a concrete monument; thence north 30 degrees 04 minutes west and along said right of way of said High way 365.5 feet to a concrete monument; thence north 27 degrees 57 minutes west along the right of way of said Highway 271.3 feet to the concrete monument at the point of beginning.

Tract 6. All that tract or parcel of land lying and being in original Land Lot 927, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:

Beginning at a point on the southeasterly side of Canton Road where said road is intersected by the northeasterly line of property now or formerly belonging to Cogburn and running thence south 35 degrees 20 minutes east along said Cogburn property for a dis tance of 251 feet to the northwesterly side of the Louisville and Nashville Railroad; thence northeasterly along the said Louisville and Nashville Roalroad right of way for a distance of 241 feet to the property now or formerly owned by N. C. Richards; thence north 46 degrees 30 minutes west along the Richards property a distance of 310 feet to the southeasterly side of said Canton Road; thence south 45 degrees west along said road for a distance of 186 feet to a point of beginning.

Tract 7. All that tract or parcel of land lying and being in Land Lots 1017 and 1072, 16th District, 2nd Section, Cobb County, Geor gia and being more particularly described as follows, being a tract of three (3) acres, more or less:

Beginning at a point on the southwesterly side of Four Lane Highway (U. S. 41-E) thirteen hundred twenty-two (1322) feet northwesterly from the center line of Allgood Road, as measured along the southwestern side of said Four Lane Highway; running thence northwesterly along the southwesterly side of said Four Lane Highway three hundred fifty-five (355) feet to the property line of said property now or formerly owned by Glenn F. Holcomb; thence southwesterly forming an interior angle with the last de scribed line of 113 degrees a distance of three hundred thirty (330) feet to a point; thence in a southeasterly direction forming an in terior angle of sixty eight degrees twenty seven minutes with the last described line a distance of four hundred eighty-five (485) feet; and thence in a northeasterly direction forming an interior angle of eighty eight degrees thirty minutes with the last described line a distance of three hundred fifteen (315) feet to the point of be ginning, as shown by plat made for A. Cohen by J. P. Phillips, Surveyor on September 16, 1952, as recorded in Plat Book 10, Page 89, Cobb County Records, and hereby referred to for further de scription, said property being known as Bell Motel, 831 North Four Lane Highway, Marietta, Ga.

Tract 8. All that tract or parcel of land lying and being in Land Lot 645, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

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JOURNAL OF THE HOUSE,

Beginning at an iron pin found at the northeast corner of said Land Lot 645 (being the corner common to said Land Lot 645 and Land Lots 646, 651 and 652; and running thence south 00 degrees 00 minutes east along the east line of said Land Lot 645) (being the west line of said Land Lot 652) a distance of 249.8 feet to an iron pin placed on the northeast line of the right of way of Franklin Road (an 80 foot right of way) ; thence running in a northwesterly direction along the northeast line of said right of way of Franklin Road and following the curvature thereof a distance of 398.9 feet to an iron pin placed; running thence north 00 degrees 16 minutes west a distance of 160.9 feet to an iron pin found on the north line of said Land Lot 645 (being the south line of said Land Lot 646) ; running thence north 89 degrees 56 minutes 30 seconds east along the north line of said Land Lot 645 a distance of 352.4 feet to the iron pin found at the point of beginning, being 2.079 acres desig nated Tract 1 on a blue print of survey to which reference is made prepared by A. W. Browning, Georgia Registered Land Surveyor and dated October 29, 1969.

Tract 9. All that tract or parcel of land lying and being in Land Lots 214 and 213, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

Beginning at a point on the southeast right of way line of Powder Springs Road said point being 403.7 feet southwest of the westerly right of way line of Sandtown Road; thence running south 16 degrees 05 minutes east for a distance of 337.5 feet to a point; thence running south 68 degrees 00 minutes west for a distance of 73.5 feet to a point; thence running northwesterly for a distance of 317.5 feet to a point on the southeasterly right of way line of Powder Springs Road; thence running northeasterly along the southeasterly right of way line of Powder Springs Road for a dis tance of 75.0 feet to the point of beginning.

Tract 10. All that tract or parcel of land lying and being in Land Lot 327, 20th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:

Beginning at a point on the easterly side of Hardage Drive, 1567 feet northerly from the intersection formed by the northerly side of Marietta-Dallas Highway with the easterly side of Hardage Drive, as measured along the easterly side of Hardage Drive; and running thence northerly along the easterly side of Hardage Drive, 200 feet to a point; running thence easterly 451 feet to a point; run ning thence southerly 200 feet to a point; running thence westerly 451 feet to the easterly side of Hardage Drive and the point of be ginning.

Tract 11. All that tract or parcel of land lying and being in Land Lots 1226 and 1295, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:

Beginning at the common intersection of Land Lots 1226, 1227, 1294 and 1295 thence south along the west property line of Land Lot

THURSDAY, MARCH 8, 1973

2339

1294 a distance of approximately 350 feet to the south property line of the Georgia-Marietta Company, Inc.; thence south 89 degrees 23 minutes west a distance of approximately 75 feet to an iron pin; thence north 4 degrees 03 minutes east a distance of 333.0 feet to an iron pin; thence north 89 degrees 40 minutes east a distance of 25.0 feet to an iron pin; thence north 0 degrees 20 minutes west a distance of 355.0 feet to an iron pin; thence north 88 degrees 45 minutes 30 seconds east a distance of approximately 30 feet to the west line of Land lot 1227; thence south along the west line of Land Lot 1227 to the point of beginning, said parcel containing 0.74 acres.

Tract 12. All that tract or parcel of land lying and being in Land Lot 1075, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:

Beginning at a point, to reach the point of beginning, commence at a point where the north right of way line of Lacy Street inter sects the west right of way line of Campbell Hill Street; thence run ning in a northerly direction along the west right of way line of Campbell Hill Street, for a distance of 755 feet to a point and corner of the property now or formerly owned by Henry D. Meaders; thence running in a westerly direction along the south property line of Henry D. Meaders for a distance of 300 feet to a point, said point being the point of beginning of the tract herein described; thence running in a westerly direction for a distance of 55 feet to a point; thence running in a northerly direction for a distance of 70 feet to a point; thence running in an easterly direction for a distance of 55 feet to a point; thence running in a southerly direction for a distance of 70 feet to the point of beginning.

Tract 13. All that tract or parcel of land lying and being in Land Lots 507 and 574, 17th District, 2nd Section Cobb County, Georgia and being more particularly described as follows:

Beginning at a point on the west right of way line of Marietta Atlanta 4 Lane Highway (U.S. 41), said point being located 365 feet south of the intersection of the west right of way line of said Marietta-Atlanta Highway, and the south land lot line of Land Lot 575; thence running south 81 degrees 40 minutes west for a distance of 220 feet to a point and corner; thence running north 27 degrees 98 minutes west for a distance of 130.4 feet to a point and corner; thence running south 64 degrees 30 minutes west for a distance of 200 feet to a point and corner; thence running south 25 degrees 30 minutes east for a distance of 56.9 feet to a point and corner; thence running north 64 degrees 30 minutes east for a distance of 418 feet to a point on the west right of way line of Marietta-Atlanta High way (U.S. 41) ; thence running north 25 degrees 30 minutes west along the west right of way line of Marietta-Atlanta Highway (U.S. 41) to the point of beginning.

Tract 14. All that tract or parcel of land lying and being in Land Lot 1166, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:

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JOURNAL OF THE HOUSE,
Beginning at the intersection of the south line and the west line of said land lot, at the common point of intersection of Land Lots 1166, 1165, 1212 and 1211; running thence north along the west line of said Land Lot, 1127. 50 feet to a point; continuing thence easterly 1232.0 feet to a point on the westerly right of way of Interstate Highway No. 75; thence southeasterly and southerly along said west erly right of way of Interstate Highway No. 75, consecutive dis tances of 126.30 feet, 187.30 feet, 320.30 feet, and 87.6 feet to a point; thence westerly 360.1 feet to a point; thence southerly 397.5 feet to a point on the northwesterly right of way of Gresham Road; thence southwesterly along said northwesterly right of way of Grethence southwesterly along said northwesterly right of way of Gresh am Road, 36.94 feet to a point; thence west along the south line of Land Lot 1166, 945.2 feet to the point of beginning, being improved property containing 30.67 acres, per boundary line survey by Noel W. Cook, Surveyor, dated May 11, 1972, Revised May 16, 1972, Re vised May 25, 1972.
Tract 15. All that tract or parcel of land lying and being in Land Lot 1075, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:
TO FIND THE POINT OF BEGINNING, commence at the corner formed by the intersection of the north side of Lacy Street at the west side of Campbell Hill Street; running thence north along the west side of Campbell Hill Street 662.5 feet to an iron pin; thence west 266.3 feet to an iron pin and the point of beginning: From said point of beginning running thence west 117.8 feet to an iron pin; then south forming an interior angle of 88 degrees 23 min utes with the preceding course 34.4 feet to an iron pin; thence south 86 degrees 30 minutes west 207.6 feet to an iron pin; thence south 2 degrees 51 minutes east 359.5 feet to an iron pin; thence north 89 degrees 24 minutes east 316 feet' to an iron pin; thence north 1 degree, 36 minutes west 407 feet to the iron pin at the point of beginning.
Tract 16. All that tract or parcel of land lying and being in Land Lot 1075, 16th District, 2nd Section, Cobb County, Georgia and being part of Subdivided Lots No. 1 and No. 2, Lacy Estates Sub division, as shown on plat of same recorded in Deed Book "V", Page 1, Cobb County Records, and being more particularly described as follows:
Beginning at an iron pin on the north side of Lacy Street, which point is located 596 feet west from the intersection of the north side of Lacy Street with the west side of Campbell Hill St. (formerly known as Bells Ferry Road); and running thence west along the north side of Lacy Street for a distance of 120 feet to the southeast corner of property conveyed to Tumlin by deed dated August 12, 1954 and recorded in Deed Book 280, Page 420, Cobb County Rec ords ; thence running 1 degree 40 minutes west along the east line of said Tumlin property for a distance of 190 feet to the northwest corner of said Tumlin property; thence west along the north side of property heretofore conveyed to Tumlin, Hulsey and Williams and parallel with the north side of Lacy Street for a distance of 190 feet

THURSDAY, MARCH 8, 1973

2341

to the original west line of Lot No. 1, Lacy Estates Subdivision as shown on the above said plat of same; thence running north 1 degree 40 minutes west for a distance of 15.5 feet to an iron pin; thence running north 0 degrees 40 minutes east for a distance of 448.5 feet to an iron pin marking the southwest corner of property heretofore conveyed to R. E. Laird by deed recorded in Deed Book 176, Page 277, Cobb County Records; thence running south 89 degrees 20 min utes east along the south line of said Laird property for a distance of 303 feet to an iron pin and corner; thence running south 0 degrees 50 minutes east for a distance of 647 feet to the north side of Lacy Street and the point of beginning.

Tract 17. All that tract or parcel of land lying and being in Land Lot 787, 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:

Beginning at a pin on the north line of Land Lot 787, said be ginning point being a distance of 502.3 feet north 88 degrees 15 min utes 000 seconds west from the corner common to Land Lots 787, 788, 798 and 797; running thence north 88 degrees 15 minutes 00 degrees west along said north land lot line a distance of 157.7 feet to the northeast corner of property now or formerly owned by J. T. Spinks; running thence south 01 degrees 51 minutes 00 seconds west along the east line of said Spinks property a distance of 641.2 feet to a point on the northeast right of way line of limited access highway Interstate 75; running thence south 57 degrees 38 minutes 00 seconds east along said northeast right of way line of Interstate 75 a dis tance of 188.2 feet to an iron pin; running thence north 01 degrees 32 minutes 00 seconds east 737.6 feet to an iron pin on the north land lot line of Land Lot 787 and the point of beginning all accord ing to a plat of survey for Consolidated Equities Corporation by Roger L. Cordes and Associates dated October 6, 1970, last revised August 10, 1971.

Tract 18. All that tract or parcel of land lying and being in Land Lot 573, 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:

Beginning at a point on the westerly side of the U.S. Highway No. 41 Four Lane a distance of 360 feet northwest as measured along the southeast side of the highway from the point where the south original line of said land lot intersects the southwest side of said highway; running thence westerly along the northerly side of said property owned by Mrs. Ethel L. Goodson 366 feet to an iron pin; thence running northwesterly 250 to an iron pin; then running easterly along the property of Strother Ford, Inc. for a distance of 364.4 feet to an iron pin located on the southwest boundary of said highway; thence running southeasterly along the southwest side of said highway 294.6 feet to an iron pin and corner and the point of beginning.

Tract 19. All that tract or parcel of land lying and being in Land Lot 1208, 16th District, 2nd Section, Cobb County, Georgia and being all of Lot No. 3 of the subdivision of the property of L. M. Harris, as shown on plat of same by J. P. Phillips, Surveyor, dated

2342

JOURNAL OF THE HOUSE,

January 31,1950, and recorded in Plat Book 8, Page 198, Cobb Coun ty Records, and being more particularly described as follows:

Beginning at an iron pin located on the southeasterly side of Marietta-Roswell Highway, which is 400 feet south of the intersec tion of the southeasterly side of said highway with the southwesterly side of Kipling Drive; and running thence southeasterly 137.5 feet to a point and corner; running thence southwesterly 103.2 feet to a point and corner; running thence northerly 130 feet to a point and corner located on the southeasterly side of Marietta-Roswell High way; running thence northeasterly 80 feet to a point and corner at the point of beginning.

Tract 20. All that tract or parcel of land lying and being in Land Lot 214, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

Beginning at an iron pin where the proposed easterly right of way of Sandtown Road and the southerly right of way of Powder Springs Road (State Highway #5) intersects, running thence north 42 degrees 42 minutes east along the southerly right of way of Powder Springs Road (Georgia Highway #5), 121.73 feet to an iron pin; thence south 48 degrees 47 minutes east 100.00 feet to an iron pin; thence south 16 degrees 46 minutes west 150.90 feet to an iron pin on the north side of the proposed New Davis Circle; thence south 85 degrees 19 minutes west along the north side of the proposed New Davis Circle 100 feet to an iron pin on the east side of Sandtown Road; thence north 6 degrees 30 minutes west along the cast side of Sandtown Road 129.96 feet to the iron pin at the point of beginning.

Tract 21. All that tract or parcel of land lying and being in Land Lots 6, 5, 68, 67, and 77, 17th District, 2nd Section, Cobb Coun ty, Georgia as shown on plat of survey for J. H. Henderson, Jr. prepared by Mayes, Suddreth and Etheredge, Inc. dated September 15, 1971, revised October 12, 1972. recorded in Plat Book 56, Page 94, Cobb County Records and being more particularly described as follows:

Beginning at an iron pin at the intersection of the northwesterly right of way of Powder Springs Road and the westerly line of Land Lot 67; running thence north 2 degrees 20 minutes 40 seconds east 162.84 feet along the westerly land lot line of Land Lot 67 to an iron pin; running thence north 39 degrees 43 minutes 12 seconds west 410.02 feet to an iron pin; running thence north 17 degrees 18 min utes 28 seconds west 283.79 feet to an iron pin; running thence north 02 degrees 13 minutes 24 seconds east 85.57 feet to an iron pin; run ning thence north 09 degrees 24 minutes 10 seconds west 302.02 feet to an iron pin on the southerly line of Land Lot 5; running thence south 89 degrees 17 minutes 07 seconds west 237.80 feet to an iron pin; running thence north 02 degrees 15 minutes 39 seconds east 1,317.91 feet to an iron pin on the northerly land lot line of Land Lot 5; running thence north 89 degrees 17 minutes 07 seconds east 85 feet to an iron pin on the southerly right of way of Chestnut Hill Road; running thence easterly following the curvature thereof 508.51 feet to an iron pin on the southerly right of way of said road;

THURSDAY, MARCH 8, 1973

2343

running thence north 89 degrees 17 minutes 07 seconds east 829.06 feet to an iron pin; running thence south 85 degrees 16 minutes 38 seconds east 330 feet to an iron pin on the southwesterly right of way of Hickory Drive said point being the common corner of Land Lots 68, 69, 76, and 77; running thence south 03 degrees 03 minutes 27 seconds west 768.8 feet to an iron pin; running south 29 degrees 18 minutes 13 seconds east 474.4 feet to an iron pin on the north westerly right of way of Powder Springs Road; running thence southwesterly following the curvature thereof 2,050.69 feet to the point of beginning.

Tract 22. All that tract or parcel of land lying and being in Land Lots 996, 1020, 1021, 1068, and 1069, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:

Beginning at the northeast corner of Land Lot 1068; thence run ning south 37 degrees 57 minutes 30 seconds west for a distance of 692.6 feet to a point; thence running south 37 degrees 46 minutes 20 seconds west for a distance of 278.9 feet to a point; thence run ning north 40 degrees 56 minutes 20 seconds west for a distance of 1,702.3 feet to a point; thence running in a northeasterly direction for a distance of 258 feet, more or less, to a point; thence running in a northwesterly direction for a distance of 80 feet, more or less, to a point; thence running in a northeasterly direction for a distance of 202.5 feet, more or less, to a point; thence running north 73 de grees 31 minutes east for a distance of 159.4 feet to a point; thence running north 56 degrees 24 minutes 15 seconds east for a distance of 635.5 feet to a point; thence running south 30 degrees 38 minutes east for a distance of 460 feet to a point; thence running south 24 degrees 08 minutes 30 seconds east for a distance of 32 feet to a point; thence running south 37 degrees 01 minutes east for a dis tance of 149.6 feet to a point; thence running north 57 degrees 42 minutes 30 seconds east for a distance of 39.2 feet to a point; thence running south 37 degrees 59 minutes 30 seconds east for a distance of 130.3 feet to a point on the east land lot line of Land Lot 1021; thence running south 1 degree 54 minutes east for a distance of 538 feet to the point of beginning.

Tract 23.

Parcel "A" All that tract or parcel of land lying and being in Land Lot 732, 17th District, 2nd Section, Cobb County, Georgia, as shown by plat made by Paul Hensley March 30, 1950, for E. N. O'Beirne and recorded in Plat Book 8, Page 131, Cobb County Rec ords and more particularly described as follows:

Beginning at a point on the northwest side of Smyrna-Roswell Road, said point being located 1161.1 feet northwesterly from the intersection of the northwest side of Smyrna-Roswell Road with the east side of Terrell Mill Road; running thence northeasterly along the northwest side of Smyrna-Roswell Road for a distance of 150 feet; running thence northwesterly for a distance of 250 feet; run ning thence southwesterly for a distance of 150 feet; running thence southeasterly for a distance of 250 feet to the northwest side of

2344

JOURNAL OP THE HOUSE,

Smyrna-Roswell Road and the point of beginning. The above de scribed property consists of Lot 15 in it entirety and the eastern one-half of Lot 14 and the western one-half of Lot 16, according to the above reference plat.

Also:

Parcel "B" All that tract or parcel of land lying and being in Land Lot 732, 17th District, 2nd Section, Cobb County, Georgia, be ing all of Lot 17 and the east half of Lot 16 of the E. N. O'Bierne property as shown by plat by Paul Hensley, Cobb County Surveyor, dated March 30, 1950, recorded in Plat Book 8, Page 131, Cobb Coun ty Records, and more particularly described as follows:

Beginning at an iron pin on the northwesterly side of SmyrnaRoswell Road (Old Butler Road) located 1,311.5 feet from the inter section of the northwesterly side of said Smyrna-Roswell Road and the easterly side of Terrell Mill Road; thence running northeasterly along the northwesterly side of Smyrna-Roswell Road 112.5 feet to the City of Smyrna and Cobb County Water Department property; thence northwesterly 250 feet to an iron pin; thence southwesterly 112.5 feet to an iron pin; thence southeasterly 250 feet to the north westerly side of Smyrna-Roswell Road and the point of beginning, being improved property having a house thereon.

Tract 24. All that tract or parcel of land lying and being in Land Lot 1, 17th District, 2nd Section and Land Lot 1296, 16th Dis trict 2nd Section, Cobb County, Georgia and being more particularly described as follows:

Beginning at a point on the northerly side of Manning Road marked by an iron pin; running thence north 15 degrees 14 minutes 30 seconds west, 246.78 feet to a point marked by an iron pin; run ning thence north 9 degrees 05 minutes east, 105.27 feet to a point marked by an iron pin; running thence easterly 60 feet, more or less to a point marked by an iron pin; running thence south 9 de grees 05 minutes west, 84.51 feet to a point marked by an iron pin; running thence south 15 degrees 14 minutes 30 seconds east, 218.10 feet to a point on the north side of Manning Road marked by an iron pin; running thence along the northerly side of Manning Road south 60 degrees 02 minutes west, 62.03 feet to a point marked by an iron pin and the point of beginning. The above described property being the southerly portion of a tract delineated by plat prepared for Marietta West Apartments, Inc. by Welker and Associates, Inc., Engineersm February 1972, Revised May 1972, and recorded in Plat Book 54, Page 198, Cobb County Superior Court Records.'

Section 3. Said Act is further amended by striking from Section 2-L the description of Tract 12, Parcel A and B and inserting in lieu thereof a new description of Tract 12, Parcel A and B, to read as follows:

'Tract 12.

Parcel A. All that tract or parcel of land lying and being in

THURSDAY, MARCH 8, 1973

2345

Land Lots 644 and 645, 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:

Beginning at an axel found at the southeast corner of said Land Lot 644 (being the corner common to said Land Lot 644 and Land Lots 643, 653, and 654) ; and running thence north 89 degrees 31 minutes 30 seconds west along the south line of said Land Lot 644 (being the north line of said Land Lot 643) a distance of 251.8 feet to an iron pin found; thence running north 00 degrees 09 minutes 30 seconds east a distance of 399.3 feet to an iron pin found; run ning thence north 89 degrees 30 seconds west a distance of 399.8 feet to an iron pin found; running thence north 00 degrees 37 minutes east a distance of 940.9 feet to an iron pin placed on the north line of said Land Lot 644 (being the south line of said Land Lot 645) ; running thence south 89 degrees 10 minutes 30 seconds east along the north line of said Land Lot 644 a distance of 288.0 feet to an iron pin found; running thence north 00 degrees 16 minutes west a distance of 1,016.9 feet to an iron pin placed on the southwest line of the right of way of Franklin Road (an 80 foot right of way) ; running thence in a southeasterly direction along the southwest line of said right of way of Franklin Road and following the curvature thereof a distance of 198.7 feet to an iron pin placed; running thence south 00 degrees 24 minutes 30 seconds east a distance of 173.1 feet to an iron pin found; running thence south 60 degrees 10 minutes 30 seconds east a distance of 202.7 feet to an iron pin placed on the east line of said Land Lot 645 (being the west line of Land Lot 652) ; running thence south 00 degrees 24 minutes 30 seconds east along the east line of said Land Lot 645 a distance of 669.1 feet to a point located on the south line of Land Lot 645; running thence south 00 degrees 02 minutes east along the east line of said Land Lof 644 (being the west line of said Land Lot 653) a distance of 1,320.5 feet to an axel found at the point of beginning, being 22.927 acres designated as 'Parcel A' on a blueprint of survey to which reference is made prepared by A. W. Browning, Georgia Registered Land Surveyor, dated October 29, 1969.

Parcel B. Beginning at a point where Land Lots 645 and 646 intersects at the new right of way of Franklin Road; running north 89 degrees 00 minutes east for a distance of 262 feet to an iron pin which is 352.2 feet from a point where Land Lots 645, 646, 651 and 652 come together; thence south 1 degree 18 minutes east for a dis tance of 160.1 feet to the new right of way of Franklin Road; thence along the east side of Franklin Road north 60 degrees 38 minutes west for a distance of 305 feet to the point of beginning.' "

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.

2346

JOURNAL OF THE HOUSE,

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.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to authorize and direct the Ordinary of Habersham County to hold an election on the question of establishing a Board of Education of Habersham County to be elected by the people of said County and appointing the County School Superintendent by said Board of Education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. It shall be the duty of the Ordinary of Habersham Coun ty to issue the call for an election for the purpose of submitting the question of establishing an elective County Board of Education and having said Board appoint the County School Superintendent to the voters of the Habersham County school district for approval or rejec tion. The Ordinary shall set the date of such election for November 6, 1973. The call for such election shall be issued at least 30 days prior to the date thereof. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preced ing the date thereof, in the official organ of Habersham County. The ballot shall have written or printed thereon the words:
"( ) YES Shall legislation be enacted to provide for the election of the Board of Education of Habersham
( ) NO County by the voters of Habersham County and to provide for the appointment of the County Superintendent of Schools by such Board of Edu cation?"
All persons desiring to vote in favor of the enactment of such legis lation shall vote "Yes", and those persons desiring to vote against the enactment of such legislation shall vote "No". The expense of such elec tion shall be borne by Habersham County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elec tions, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State and to each member of the General Assembly of Georgia whose Senatorial or Representative District includes Habersham County or any portion thereof.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

THURSDAY, MARCH 8, 1973

2347

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 203. By Messrs. Greer of the 45th, Adams of the 36th, Lane of the 40th and others:
A Bill to be entitled an Act to amend the Pension laws for general em ployees and officers (including teachers) for cities with populations over 200,000; to change benefits and eligibility for line of duty disability and for other purposes.

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

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

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

HB 917. By Messrs. Kreeger of the 21st, Wilson and Howard of the 19th and others:
A Bill to be entitled an Act amending, revising, consolidating and su perseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to change the corporate limits of said city; and for other purposes.

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

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

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

2348

JOURNAL OP THE HOUSE,

HB 990. By Messrs. Kreeger of the 21st, Wilson and Atherton of the 19th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth, as amended, so as to change the present cor porate limits of said city to include therein certain territory in the County of Cobb contiguous and adjacent to the existing boundaries of said City; and for other purposes.

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

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

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

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.

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

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

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

HB 1061. By Messrs. 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.

The report of the Committee, 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 8, 1973

2349

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

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.

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

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

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

HB 1063. By Messrs. Sams of the 83rd, Beckham of the 82nd, Dent of the 7th and others:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, as amended, 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.

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

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

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

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 the home stead of any resident of any 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 an num; and for other purposes.

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

2350

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 1077. By Messrs. Dollar of the 63rd, Bohannon and Patterson of the 64th:
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.

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

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

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

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.

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

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

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

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 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.

THURSDAY, MARCH 8, 1973

2351

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

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

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 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.

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

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

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

HB 1091. By Messrs. Knight, Mullinax and Ware of the 65th and Carlisle of the 67th:
A Bill to be entitled an Act to amend an Act incorporating the City of Grantville, 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 1111. By Messrs. Waddle of the 98th and Moyer of the 99th:
A Bill to be entitled an Act to amend an Act incorporating the City of Centerville, as amended, so as to 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.

2352

JOURNAL OF THE HOUSE,

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

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 missioner of Roads and Revenues for the County of Irwin, as amended, so as to change the salary of the clerk; and for other purposes.

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

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

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

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

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

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

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

HB 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, as amended, 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.

The report of the Committee, 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 8, 1973

2353

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

HB 1128. By Mr. Irwin 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, as amended, 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.

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

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

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

HB 1129. By Messrs. Lewis and McCracken of the 77th and 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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, as amended, so as to remove certain restric tions as to residence of a person to be elected as Recorded; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

2354

JOURNAL OF THE HOUSE,

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

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, as amended, so as to extend and update existing City Ward Boundaries; and for other purposes.

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

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

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

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," as amended, so as to provide for compensation for the mayor and councilmen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

HB 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, as amended, so as to grant to the City the power to finance, construct, operate and dispose of a community An tenna Television Service System, and for other purposes.

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

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

THURSDAY, MARCH 8, 1973

2355

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

HB 1134. By Messrs. Bostick and Patten of the 123rd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Tifton, as amended, 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.

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

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

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

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, as amended, so as to change the com pensation of the members 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 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, as amended, so as to create a re corder'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.

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JOURNAL OF THE HOUSE,

HB 1153. By Mr. Willis of the 119th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, 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.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority, the following Bills of the House, to-wit:

HB 775. By Mr. Bray of the 66th:
A Bill to amend an Act creating the office of tax commissioner of Talbot County, so as to change the compensation of the tax commissioner.

HB 776. By Mr. Bray of the 66th:
A Bill to amend an Act placing the sheriff of Talbot County on an an nual salary, so as to change the expense allowance of the sheriff.

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", 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.

HB 793. By Messrs. Matthews, Russell and Logan of the 62nd:
A Bill to amend an Act creating a new charte~ 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 estab-

THURSDAY, MARCH 8, 1973

2357

lished by said city and to impose fines and imprison offenders for break ing the laws and ordinances.

HB 839. By Messrs. Whitmire, Wood and Williams of the 9th:
A Bill 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).

HB 843. By Messrs. Milford, Mauldin and Wheeler of the 13th:
A Bill to amend an Act placing the sheriff of Hart County upon an an nual 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.

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, so as to change the provisions relating to the employment of assistants and other clerical help; to provide for an annual audit of the tax commissioner's office.

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 or dinary of Hart County upon an annual salary, so as to change the com pensation of the clerk and ordinary.

HB 865. By Mr. Lambert of the 97th:
A Bill to amend an Act creating a Board of Commissioners of Han cock 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.

HB 866. By Mr. Lambert of the 97th:
A Bill 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.

HB 867. By Mr. Lambert of the 97th:
A Bill 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

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JOURNAL OP THE HOUSE,

fee system of compensation; to authorize the sheriff to appoint a chief deputy and three other deputies.

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

HB 49. By Messrs. Lane of the 40th, Ellis of the 107th, Hudson of the 115th, and others:
A Bill to regulate the private detective and private security business in the State.

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

SB 331. By Senator McDuffie of the 19th: A Bill to amend Code Section 49-604, relating to the procedure for the appointment of a guardian, as amended, so as to provide that persons requiring a guardian shall have a physician's certificate attached to the application.
SB 332. By Senator McDuffie of the 19th: A Bill to amend Code Section 49-706, relating to payments authorized by ordinaries as custodians of minors' or insane persons' monies, so as to provide that the ordinary shall be authorized to pay the funeral and burial expenses of such funds.
SB 335. By Senators Gillis of the 20th, McDuffie of the 19th and Kennedy of the 4th: A Bill to amend an Act providing for grant assistance to citizens attend ing independent colleges and universities, as amended, so as to state periods during which grants may be paid on behalf of students.
HB 2. By Messrs. Busbee of the 114th, Groover of the 75th and Lambert of the 97th and others: A Bill to provide for the orderly furnishing of retail electric service to consumers of the State of Georgia on a territorial basis.
HB 13. By Messrs. Busbee of the 114th, Floyd of the 5th and Egan of the 25th: A Bill to amend Code Section 27-405, Code Section 38-415, Code Section 26-401 (a), so as to abolish the right of the accused in criminal trials to make an unsworn statement.

THURSDAY, MARCH 8, 1973

2359

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

HB 605. By Messrs. Moyer of the 99th, Ware of the 65th, Hays of the 1st, and others:
A Bill to amend an Act revising, consolidating and superseding 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.

HB 158. By Mr. Alexander of the 38th:
A Bill 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.

SB 325. By Senator Langford of the 51st:
A Bill to amend an Act creating the State Board of Pardons and Paroles.

SB 334. By Senator McDuffie of the 19th:
A Bill to amend Code Title 113, relating to wills, descent, and administra tion of estates, so as to repeal Section 3 of said 1972 Act which amended Code Section 113-1415.

The Senate has disagreed to the House amendment to the Senate amend ment to 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 payroll at the beginning of the preceding school year or notify the teacher they are not going to rehire him.

The Senate has agreed to the House amendment to 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.

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JOURNAL OF THE HOUSE,

The Senate adheres to its amendments and has appointed a Committee of Conference on 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.

The President has appointed on the part of the Senate the following Sena tors: Hudgins of the 15th, Brown of the 47th, and McGill of the 24th.

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

SB 336. By Senator Dean of the 6th:
A Bill to amend an Act known as the "State Ports Authority Act", as amended, so as to authorize the Governor, on behalf of the State, to con vey certain property to the Ga. Parts Authority subject to the Marsh lands Protection Act of 1970, as now or hereafter amended.

SB 295. By Senator Dean of the 6th:
A Bill to provide for the supervision by the Attorney General of the Ad ministration of charitable trusts; to provide definitions.

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

SB 325. By Senator Langford of the 51st:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to provide which prisoners shall be con sidered for relief by the State Board of Pardons and Paroles; and for other purposes.
Referred to the Committee on Judiciarv.

SB 331. By Senator McDuffie of the 19th:
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

THURSDAY, MARCH 8, 1973

2361

persons requiring- a guardian shall have a physician's certificate at tached to the application; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 332. By Senator McDuffie of the 19th:
A Bill to be entitled an Act to amend Code Section 49-706, relating to payments authorized by ordinaries as custodians of minors' or insane persons' monies, so as to provide that the ordinary shall be authorized to pay the funeral and burial expenses of such minors or insane persons from such funds; and for other purposes.
Referred to the Committee on Human Relations.

SB 334. By Senator McDuffie of the 19th:
A Bill to be entitled an Act to amend Code Title 113, relating to wills, descent, and administration of estates, so as to repeal Section 3 of said 1972 Act which amended Code Section 113-1415; and for other purposes.
Referred to the Committee on Judiciary.

SB 335. By Senators Gillis of the 20th, McDuffie of the 19th and Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act providing for grant assis tance to citizens attending independent colleges and universities, so as to state periods during which grants may be paid on behalf of students; and for other purposes.
Referred to the Committee on University System of Georgia.

SB 336. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend an Act known as the "State Ports Authority Act", so as to authorize the Governor, on behalf of the State, to convey certain property to the Georgia Ports Authority subject to the Marshlands Protection Act of 1970, as now or hereafter amended; and for other purposes.
Referred to the Committee on State Institutions & Property.

The following Bill of the House was taken up for the purpose of considering the Senate's disagreement to the House amendment to 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

2362

JOURNAL OF THE HOUSE,

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.

Mr. Murphy of the 18th moved that the House insist on its position in amend ing the Senate amendment 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. Murphy of the 18th, Farrar of the 52nd and Colwell of the 4th.

The following Resolutions of the House were read and adopted:

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 enforcement of the law requiring motor vehicles approaching or overtaking a school bus loading or discharging school children is difficult to enforce because many infractions of such law occur when no enforcement officer is present to observe such viola tion; and
WHEREAS, it appears that most arrests or citations for violations of such law occur when school children are put in danger of being in jured 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 busses in Atlanta for the transportation of school children enrolled 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

THURSDAY, MARCH 8, 1973

2363

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.

HR 319. By Messrs. Triplett of the lllth, Jones of the 109th, Chance of the 112th and others:
A RESOLUTION
Urging1 the Chatham County Grand Jury to make an investigation relative to the recent reevaluation of the property of said County; and for other purposes.
WHEREAS, the Cole-Layer-Trumble firm has recently made a property reevaluation study in Chatham County; and
WHEREAS, a United States Senate Subcommittee is currently investigating mass property appraisal firms, including Cole-LayerTrumble; and
WHEREAS, in 1971, the Fulton County Superior Court ruled that a property reappraisal made by Cole-Layer-Trumble could not be used because of innumerable inequities and a lack of uniformity being ap parent in said reappraisal; and
WHEREAS, in Pennsylvania, the State Attorney General has been requested to investigate "suspect property tax assessments" made by Cole-Layer-Trumble; and
WHEREAS, samilar problems have arisen with reappraisal studies made by Cole-Layer-Trumble in many other states, including Delaware, West Virginia, Tennessee and Ohio; and
WHEREAS, many citizens of Chatham County and public officials are very concerned about the reliability of the tax reevaluation study made by Cole-Layer-Trumble of Chatham County property.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Chatham County Grand Jury is hereby urged to make a complete investigation of the tax assessments made pursuant to the Cole-Layer-Trumble reevaluation study and of the ColeLayer-Trumble firm.
BE IT FURTHER RESOLVED that the Clerk of the House of

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JOURNAL OF THE HOUSE,

Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to each member of the Chatham County Grand Jury.

HR 320. By Mr. Grahl of the 88th:
A RESOLUTION
Expressing regret at the passing of Honorable David Warner Wells; and for other purposes.
WHEREAS, Honorable David Warner Wells of Fort Valley, Geor gia passed away on Sunday, Marcn 4, 1973; and
WHEREAS, he was a former member of the General Assembly, having served with honor and distinction as a membor of the House of Representatives from Peach County from 1957 until 1965; and
WHEREAS, he was one of the most outstanding citizens of his community, being elected to many positions of honor and trust, including Mayor of Fort Valley and City Councilman, for several years; and
WHEREAS, he served as Grand Master of the Grand Lodge of Georgia, Free and Accepted Masons and Grand Commander of Knights Templar of Georgia; and
WHEREAS, he was a well-known attorney and prominent in the religious, cultural and civic affairs of his community; and
WHEREAS, he is survived by his widow, Mrs. Virlyn Gasset Wells, two sisters and four brothers.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regrets at the passing of Honorable David Warner Wells and extend their sincerest sympathy to his family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mrs. Virlyn Gassett Wells.

HR 321. By Messrs. Northcutt, Bailey, Johnson and Lee of the 68th:
A RESOLUTION
Commending the officers and members of the Atlanta Masonic Club Number 151; and for other purposes.
WHEREAS, the Atlanta Masonic Club Number 151 was founded in 1917; and

THURSDAY, MARCH 8, 1973

2365

WHEREAS, the Atlanta Masonic Club today has 291 members and it is the largest club in the National League; and

WHEREAS, the Atlanta Masonic Club is a charitable organization which donates to at least 10 different charities a year; and

WHEREAS, it is the desire of the members of this Body to recog nize the officers and members of the Atlanta Masonic Club Number 151 for the remarkable fraternal record which they have compiled over the years.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this Body does hereby commend the of ficers and members of the Atlanta Masonic Club Number 151 and its members for their outstanding accomplishments and achievements.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to the Atlanta Masonic Club Number 161.

HR 322. By Mr. Dean of the 17*:
A RESOLUTION
Commending the Polk County Hairdressers Association, Affiliate No. 44; and for other purposes.
WHEREAS, the Polk County Hairdressers Association, Affiliate No. 44, is highly known and respected throughout the State of Geor gia for the high degree of professionalism and the artistic attainments of its members; and
WHEREAS, this outstanding organization is deeply involved in many civic and social projects in Polk County, including honoring Polk County Vietnam War dead by the display of proper plaques, helping the mentally retarded, assisting kidney patients and giving aid to needy families; and
WHEREAS, this organization sponsors an annual fashion show, the proceeds from which are used for their many outstanding projects; and
WHEREAS, the members of this organization donate their services, without cost, to patients at various nursing homes and Central State Hospital at Milledgeville, as well as giving generously of their time and funds to charitable organizations such as the Heart Fund and the March of Dimes; and
WHEREAS, the officers of this outstanding organization are: Annett Sweeney, President; Hazel Teems, First Vice President; Lucile Cobb, Second Vice President; Linda Hill, Secretary; Ethleen Hubbard, Treasurer; and Jackie Ford, Publicity Chairman.

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recog nize and commend the Polk County Hairdressers Association, Affiliate No. 44, for its many outstanding contributions to the civic, social, eco nomic and political life of Polk County and the State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to the Polk County Hairdressers Associa tion, Affiliate No. 44, and to each person hereinabove named.

HR 323. By Mr. Wamble of the 120th:
A RESOLUTION
Recognizing the Muskogee-Creek Indian Tribe East of the Missis sippi River; and for other purposes.
WHEREAS, the states of Georgia and Alabama are comprised of lands which were the original lands of the confederacy of the Creek Indian Nation; and
WHEREAS, Chief Neal McCormick, Chief of the Muskogee-Creek Indian Nation East of the Mississippi River is a resident of Cairo, Georgia; and
WHEREAS, Chief McCormick is the great-great-grandson of Chief William Mclntosh, Jr. of Carroll County and the great-grandson of Prin cess Jane Mclntosh Mitchell and William Mitchell, son of former Gov ernor David B. Mitchell of Georgia; and
WHEREAS, the Creek Indians in Georgia were a great law-abiding nation composed of people of fixed habits and tastes who loved their homes; and
WHEREAS, the Creeks were known for their civilized society, their hospitality and their peaceful ways; and
WHEREAS, they were agile hunters and great craftsmen; and
WHEREAS, even before the white men and foreign adventurers came to Georgia, the Creeks had formed a confederacy of 55 individual tribes, each with representatives who attended a yearly convention at which new laws were adopted, old laws abolished and amendments intro duced; and
WHEREAS, this outstanding Indian nation developed a unique penal system; and
WHEREAS, the Muskogee-Creek Indian Tribe East of the Missis sippi River continue to preserve and foster the authentic traits and folk lore of the Muskogee-Creek Indian people; and

THURSDAY, MARCH 8, 1973

2367

WHEREAS, the Muskogee-Creek Indians East of the Mississippi River are also known as the Lower Creek; and

WHEREAS, the annual powwow of the Lower Creeks will be held in Grady County, adding to the tourist attraction of Grady County and the State of Georgia; and

WHEREAS, Chief McCormick and his wife, Peggy O'Neal McCormick, head a project known as "The Dream of the Creeks", which is designed to induce Creeks to return to the lands of their forefathers; and

WHEREAS, this outstanding program includes plans for the con struction of a General Council Home where students, lovers of folklore, scholars, scientists and tourists can see actual artifacts of the Lower Creeks, with the opportunity to recapture an understanding of the his tory of the Lower Creeks; and

WHEREAS, this program also includes plans for the construction of a village identical to a Creek Indian village as it would have existed 200 years ago; and

WHEREAS the Muskogee-Creek Indians East of the Mississippi River will be an attraction for the tourist industry of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby recognizes the Mus kogee-Creek Indian Tribe East of the Mississippi River in the State of Georgia as a tribe of people.

BE IT FURTHER RESOLVED that the members of this body here by recognize and commend Chief Neal McCormick, Mrs. McCormick and the other members of the Muskogee-Creek Indian Tribe East of the Mississippi River for their outstanding efforts toward preserving Creek Indian Culture.

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 Chief Neal McCormick, Chief of the Muskogee-Creek Indian Tribe East of the Mississippi River.

HE 324. By Messrs. Smith and Adams of the 74th:
A RESOLUTION
Commending the Gordon Singers; and for other purposes.
WHEREAS, the "Gordon Singers" from Gordon Junior College, Barnesville, Georgia, provided members of the General Assembly and other persons at the State Capitol with beautiful music on March 6, 1972; and

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JOURNAL OF THE HOUSE,

WHEREAS, this popular choral music has been an inspiration to members of this Body; and

WHEREAS, these young students are a perfect example of the in telligence and talents that exist in today's young people; and

WHEREAS, Danny McAllister, the Director of the "Gordon Sing ers", should be commended on his outstanding work in developing the musical talents of these young people; and

WHEREAS, it is only fitting and proper that these outstanding students and their Director should be congratulated and commended for their contribution to the 1973 session of the legislature.

NOW, THEREFORE, BE IT RESOLVED BY' THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend the Gordon Singers and their Director for the beautiful music provided persons at the State Capitol during the 1973 session of the legislature.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Mr. Danny McAllister, Director of the Gordon Singers, and to each member of the Gordon Singers choral group.

HR 327. By Mr. Smith of the 91st:
A RESOLUTION
Providing for the election of a member of the State Properties Con trol Commission; and for other purposes.
WHEREAS, Code Section 91-103A(a) provides that a member of the House of Representatives shall be elected biennially as a member of the State Properties Control Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that an election of a member of the House of Representatives to the State Properties Control Commission shall be held by the House of Representatives on March 9th, 1973.

HR 328. By Messrs, Adams of the 84th, Davis of the 85th, Pearce of the 87th, Perry of the 86th and King of the 85th:
A RESOLUTION
Urging the relocation of the State Capitol of Georgia; and for other purposes.

THURSDAY, MARCH 8, 1973

2369

WHEREAS, there is a rising crime, drug, and pollution problem in Atlanta; and

WHEREAS, a number of the members of the General Assembly and their families have been threatened, robbed and assaulted on the streets of Atlanta; and

WHEREAS, the Atlanta City Government wants to tax Stateowned government buildings, even the Capitol building itself, even though the activities carried on by the State government in these build ings are largely responsible for the present prosperity of Atlanta; and

WHEREAS, it was contended in 1877 that the Capitol should not be in Atlanta, as "Atlanta was, even then, a den if immeasurable inequity whose atmosphere would ruthlessly poison the virtue of the most fault less legislative body, and that this was irrefutably proven by incon testable evidence," (the State of Georgia and its Capitol, page 24) ; and

WHEREAS, the newspapers of Atlanta regularly contend that this corruption does take place in Atlanta.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Georgia State Capitol and related gov ernmental functions should be moved to Harris County, Waverly Hall, Georgia, a tranquil city of fresh air, clean streets, beautiful homes, good workers, good schools and churches and law-abiding Christian people who would be eternally grateful to have the Georgia State Capitol in their city.

HR 329. By Messrs. Adams of the 36th, Egan of the 25th, Marcus of the 26th and others:
A RESOLUTION
Urging the Board of Commissioners of Fulton County to reduce the supplement payable to Judges of the Superior Court of Fulton County; and for other purposes.
WHEREAS, by an Act passed at the 1973 session of the General Assembly, the State salary payable to Judges of the Superior Court shall be fixed at $32,500.00; and
WHEREAS, the Judges of the Superior Court of Fulton County currently receive a salary in excess of $39,000.00, which includes the current State compensation and the county supplement thereto; and
WHEREAS, the current salary paid to the Judges of the Superior Court of Fulton County compares favorably with the highest paid judges in the United States holding positions of similar responsibility.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Board of Commissioners of Fulton County is hereby urged to take appropriate action, to be effective July 1, 1973, to reduce the county supplement to the salary of Judges of the Superior Court of Fulton County to the end that the total salary pay able to such Judges shall not be increased as a result of the passage of the Act increasing the State Salary of Superior Court Judges.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to each member of the Board of Commissioners of Fulton County.

The following Resolution of the House was read and referred to the Committee on Ways and Means:

HR 325. By Messrs. Peters of the 2nd, Rainey of the 115th, Bennett of the 124th and others:
A RESOLUTION
Creating a Committee to Study House Bill 625; and for other pur poses.
WHEREAS, House Bill 625 from the 1973 session of the General Assembly of Georgia has been referred to the Ways and Means Com mittee of the House of Representatives; and
WHEREAS, the members of this body are in need of further in formation concerning the effects of this bill.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Committee to Study House Bill 625 to be composed of seven members of the House of Representatives to be appointed by the Speaker of the House of Repre sentatives. The Speaker shall appoint one of the members so appointed as chairman of the Committee, and it shall be the duty of the chairman to call and conduct the meetings of the Committee. The Committee shall make a thorough and extensive study of House Bill 625 and its effects. Said Committee shall be authorized to consult with such officials, or ganizations, associations, governmental bodies and individuals as it deems necessary to effectively and efficiently carry out its duties and responsibilities. Each member of the Committee shall be authorized to receive the expenses and allowances provided by law for legislative members of interim committees, but shall receive the same for not more than ten days unless additional days are authorized by the Speaker of the House. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropriated to or otherwise available to the legislative branch of government. The Committee shall make a re port of its findings and recommendations to the regular 1974 session of the General Assembly, and it shall stand abolished as of the day the General Assembly convenes in regular session in 1974.

THURSDAY, MARCH 8, 1973

2371

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

Mr. Speaker:

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

HB 1. By Messrs. Busbee of the 114th, Smith of the 91st, Murphy of the 18th, and others:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide for a credit, from funds appropropriated 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.

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

HR 256-978. By Messrs. Gignilliat of the 105th, Jones of the 109th, Alien of the 108th and others:
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.

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 Alien Atherton Bennett Berlin Berry Blackshear Bohannon

Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr

Castleberry Chance Clark Cole Collins, M. Colwell Coney Connell Davis, E. T. Dean, Gib

2372
Dean, N. Dent Dixon Dollar Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Foster Fraser Gignilliat Greer Harden
Harrington Harris. J. F. Harris, J. R. Hays Hill, B. L. Hill, G. Horton, W. L. Howard Howell Irvin, J. Irwin, J. R. Johnson Jones Jordan King

JOURNAL OF THE HOUSE,

Knight Kreeger Larsen, G. K. Lee, W. S.
Lewis Logan Lowrey Marcus Mason Mauldin McCracken McDaniell McDonald
McKinney
Miles Milford Moyer Mulherin Mullinax Murphy Nessmith
Nix Noble Odom Oxford Patten, G. C. Patterson Pearce Petro Phillips, G. S. Phillips, L. L.
Pinkston

Rainey Ritchie Rogers
Ross Rush Russell, J. Russell, W. D.
Sams Savage Shanahan
Snow 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

Those not voting were Messrs.:

Adams, G. D. Alexander. W. H. Alexander, W. M.
Bailey Beckham Bond Bostick Brown, B. D.
Brown, C. Carrell Coleman Collins, S. Daugherty
Davis, W. Dean, J. E.
Dickey Dorminy Ezzard

Floyd, L. R.
Geisinger Grahl Grantham Groover Hamilton Harrison Hawes Horton, G. T.
Hudson Hutchinson
Irvin, R. Jessup Keyton Lambert Lane, Dick Lane, W. J. Larsen, W. W.

Lee, W. J. (Bill)
Le vitas Matthews, C. Matthews, D. R.
Morgan Northcutt Patten, R. L.
Peters Reaves Roach Shepherd Smith, J. R. Smith, V. B.
Stephens Strickland Thomason Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 126, nays 0.

THURSDAY, MARCH 8, 1973

2373

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

Mr. Levitas of the 50th stated that he had been called from the floor of the House when the roll call was ordered on the adoption of HR 256-978, but had he been present would have voted "aye".

HR 234-930. By Messrs. Gignilliat of the 105th, Murphy of the 18th, Smith of the 91st and others:
A Resolution authorizing the State Properties Control Commission to grant to Ga. Marine Warehouse Company a license to use, the herein after 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.

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. Alien Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry

Chance Clark Cole Collins, M. Collins, S. Colwell Connell Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Edwards Egan Elliott Ellis Farrar Floyd, J. H. Foster Fraser Geisinger Gignilliat Grantham

Groover Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howell Hudson Irvin, J. Irwin, J. R. Johnson Jones Jordan Keyton King Knight Lane, W. J. Larsen, G. K. Lee, W. S. Levitas Logan

2374
Lowrey Marcus Matthews, C. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt
Odom

JOURNAL OF THE HOUSE,

Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S.
Rainey Reaves Ritchie Rogers
Ross Rush Russell, J. Russell, W. D.
Sams Shanahan Shepherd
Snow

Sweat 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.:

Adams, G. D. Alexander, W. M.
Atherton Bailey Brown, C. Burruss Coleman
Coney Daugherty Dean, Gib Dean, J. E. Dorminy Duke Evans Ezzard Floyd, L. R.

Grahl Greer Hamilton Harrison Horton, W. L.
Howard Hutchinson
Irvin, R. Jessup Kreeger Lambert Lane, Dick Larsen, W. W. Lee, W. J. (Bill)
Lewis Mason

Matthews, D. R.
Morgan Patten, R. L. Phillips, L. L.
Pinkston Roach Savage Smith, J. R. Smith, V. B. Stephens Strickland Thomason Thompson Townsend Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 132, nays 0.

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

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 pur
poses.

THURSDAY, MARCH 8, 1973

2375

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend Code Section 56-317.1, relating to administrative fine 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; to repeal conflict ing laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 56-317.1, relating to administrative fines for certain acts of officers, employees, agents or representatives of insurers, is hereby amended by adding between paragraph (b) and the last unnumbered paragraph a new paragraph, to be designated para graph (c), to read as follows:

"(c) Accepted money, trade stamps, gifts or other remunera tion of any kind in return for referring automobile and other property repair business including glass breakage to a particular automobile repairer, glass company, construction company or other repair company of any kind, or"

and by striking from the last unnumbered paragraph the following:

"or (b)",

and inserting in lieu thereof the following:

", (b) or (c)",

so that when so amended, Code Section 56-317.1 shall read as follows:

"56-317.1.--Administrative Fine for Certain Acts of Officers, Employees, Agents or Representatives. The Commissioner may, after a hearing, impose upon an insurer an administrative fine if he finds that such insurer through the acts of its officers, em ployees, agents or representatives has:

(1) With such frequency as to indicate its general business practice in this State:

(a) Refused, without just cause, to pay proper claims arising under coverage provided by its policies, whether such claim is in favor of an insured or in favor of a third person with respect to the liability of an insured to such third person or in favor of any other person entitled to the proceeds of a policy, or

(b) Compelled, without just cause, insureds, claimants or other persons entitled to the proceeds of its policies in this State to

2376

JOURNAL OF THE HOUSE,

accept less than the amount due them or to bring suit against the insurer or an insured to secure full payment or settlement thereof, or

(c) Accepted money, trade stamps, gifts or other remunera tion of any kind in return for referring automobile and other property repair business including glass breakage to a particular automobile repairer, glass company, construction company or other repair company of any kind.

The administrative fine imposed for violations set forth in paragraphs (a), (b) or (c) shall not exceed $1,000.00 for each act of misconduct constituting a violation provided, however, a fine of not more than $5,000.00 for each Act of willful misconduct constituting a violation may be imposed."

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Burruss Burton Busbee Carr

Castleberry Chance Clark Cole Coleman Collins, M. Colwell Coney Connell Daugherty Davis, W. Dean, N. Dent Dickey Dixon Dollar Duke Edwards Egan Elliott Ellis Evans Farrar

Floyd, J. H. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hays Hill, B. L. Horton, G. T. Howard Ho well Hudson Irvin, J. Irvin, R. Irwin, J. R.

Jessup Johnson Jones Jordan Keyton Knight Kreeger Lane, W. J. 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

THURSDAY, MARCH 8, 1973

2377

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 Rogers Ross Rush

Russell, J. Russell, W. D. Shanahan Shepherd Smith, J. R. Snow Strickland Sweat Thompson
Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wood

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Beckham Brown, C. Buck Carlisle Carrell Collins, S. Davis, E. T. Dean, Gib Dean, J. E. Dorminy

Ezzard Floyd, L. R. Harrison Hawes Hill, G. Horton, W. L. Hutchinson King Lambert Lane, Dick Mason Matthews, D. R.

Reaves
Roach Sams Savage Smith, V. B. Stephens Thomason Townsend Wamble Wheeler, J. A. Wilson, M. L. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 0.

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

HB 195. By Messrs. Parrar 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'

2378

JOURNAL OF THE HOUSE,

Retirement System, so as to change the provisions relative to disability retirement; and for other purposes.

The report of the Committee, which was favorable to the 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 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. 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 Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Hill G. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Johnson Jones Jordan Keyton

King Knight Kreeger Lane, Dick Lane. W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell McDonald McKinney 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

Rainey Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, V. B.

THURSDAY, MARCH 8, 1973

2379

Snow Stephens Strickland Sweat Thompson Toles Triplett 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.:

Bostick Brown, S. P. Collins, S. Colwell Davis, W. Dean, J. E. Ezzard Fraser

Hawes Horton, G. T. Howard Trwin, J. R. Jessup Lambert Larsen, W. W. Morgan

Patten, R. L. Reaves Savage Smith, J. R. Thomason Townsend Twiggs Mr. Speaker

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 195 was ordered immediately transmitted to the Senate.

HB 192. By Mr. Buck of the 87th:
A Bill to be entitled an Act to amend an Act establishing the Employees Retirement System, as amended, so as to eliminate the requirements for maintaining an annuity reserve fund and pension reserve fund; and for other purposes.

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

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

2380

JOURNAL OF THE HOUSE,

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 Berlin Berry Blackshear 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. Coney Connell Daugherty Davis, E. T. Davis, W.
Dean, Gib Dean, N. Dent Dickey Dixon Dollar Duke
Edwards
Egan
Elliott
Evans
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. Horton, G. T. Howard Howell Hudson Hutchinson
Irvin, J. Irvin, R. Irwin, J. R.
Jessup Johnson Jones Jordan King Knight Kreeger 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
McKinney
Miles
Milford
Morgan
Moyer
Mulherin
Mullinax

Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. 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 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

THURSDAY, MARCH 8, 1973

2381

Those not voting were Messrs.:

Adams, G. D. Bond Brown, B. D. Collins, S. Colwell Dean, J. E. Dorminy Ellis

Ezzard Fraser Grahl Hill, G. Horton, W. L. Keyton Lambert Lane, Dick

Matthews, D. R. Patten, R. L. Reaves Savage Thomason Townsend Mr. Speaker

On the passage of the Bill, the ayes were 157, nays 0.

The Bill, having1 received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide for motor vehicle accident repara tions; to provide for a short title; to provide for definitions; to provide that the owner of a motor vehicle required to be registered in this State shall provide and continuously maintain throughout the registration period security in accordance with this Act for payment of basic nofault benefits for economic loss and liabilities; to provide that the owner of a motor vehicle required to be registered in this State shall certify that he has and will maintain security during the period of registration; to provide for forms; to provide that the owner of a motor vehicle not required to be registered in this State shall maintain security in effect continuously throughout the period of its operation, mainte nance or use as a motor vehicle within this State; to provide for the methods through which security required by this Act may be provided; to provide for self-insurance and the practices, procedures and require ments in connection with self-insurance; to provide for the administra tion of claims, benefits and obligations; to provide for evidence that reliable financial arrangements, deposits or commitments exist providing assurance for payment of basic no-fault benefits and certain covered liabilities; to provide for the revocation or suspension of certain oper ators' licenses and motor vehicle registrations; to provide for the prac tices and procedures in connection therewith; to provide that an owner of a motor vehicle with respect to which security is required who fails to have such security in effect at the time of an accident shall be per sonally liable at law for payment of basic no-fault benefits, and shall have all the rights and obligations of an insurer under this Act; to provide that certain motor vehicle liability policies and policies of insurance

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JOURNAL OP THE HOUSE,

shall be deemed to include all coverages required by this Act; to pro vide that certain benefits may be excess over any benefits required by this Act; to provide that certain insurance policies shall conform to and be subject to the provisions of certain laws; to provide that insurance companies authorized to transact the business of motor vehicle liability insurance in this State shall file certain forms; to provide for optional excess no-fault benefits; to provide for terms, conditions and exclusions in connection with optional excess no-fault coverage; to provide for waiting periods, deductibles and coinsurance provisions; to provide for subrogation to certain rights of recovery of an insured; to provide that certain persons shall be entitled to benefits; to provide that the in surer of a motor vehicle with respect to which security is required shall pay basic no-fault benefits without regard to fault for economic loss resulting from certain injuries; to provide that certain persons shall not be entitled to benefits; to provide for the payment of basic and op tional excess no-fault benefits and the practices, procedures, qualifica tions and restrictions on such payments; to provide for the discharge of the insurer's liability under certain conditions; to provide for pri ority of applicable policies; to provide for collateral sources of idemnity; to provide for the basis for payment of motor vehicle liability insurance; to provide that certain secured persons shall be exempt from liability to pay damages for certain losses; to provide for the insurer's right of subrogation and the practices, procedures, qualifications and restrictions on such right; to provide for liens; to provide for the equitable alloca tion of losses among insurers and the practices and procedures in con nection therewith; to provide for arbitration; to provide for the periodic payments of basic no-fault benefits; to provide for penalties and interest; to provide that certain agreements or assignment of rights to benefits are unenforceable; to provide that certain basic no-fault benefits are exempt from garnishment, attachment, execution or any other process or claim to certain extents; to provide for the limitation of actions; to provide for physical examinations and the costs thereof; to provide for the discovery of certain facts about an injured person; to provide that certain courts may enter an order for discovery; to provide for an assigned claims plan and the organization, maintenance and participa tion in such plan; to provide for the practices and procedures connected with such plan; to provide for rules and regulations; to provide for property damage protection; to provide for tort liability exemptions; to provide for subrogation of insurers; to provide for full and basic coverages for accidental property damage; to provide for actions of tort for property damage and the practices, procedures, qualifications and restrictions connected therewith; to provide for the mandatory arbitra tion of small claims and the practices and procedures connected there with; to provide for mandatory reduction of certain insurance rates; to provide for the filing of proposed forms, manuals, rules, rates and rating plans with the Insurance Commissioner for approval; to provide for hearings; to provide for the issuance of orders by the Insurance Commissioner; to provide for appeals; to provide for endorsements; to provide that nothing in this Act shall be construed as diminishing, amending or repealing any powers vested in the Insurance Commis sioner to regulate the business of insurance; to provide that the Insur ance Commissioner and the Commissioner of the Department of Public Safety shall adopt certain rules and regulations; to provide for other
matters relative to the foregoing; to provide for severability; to pro
vide an effective date; to repeal conflicting laws; and for other pur
poses.

THURSDAY, MARCH 8, 1973

2383

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 Motor Vehicle Accident Reparations Act."

Section 2. Definitions. As used in this Act:

(a) "Accidental bodily injury" means bodily injury, sickness or disease, including death at any time resulting therefrom, arising out of the operation, maintenance or use of a motor vehicle which is accidental as to the person claiming basic no-fault benefits. Bodily injury is accidental as to claimant unless sustained intentionally by the person injured or caused intentionally by the claimant.

(b) "Basic no-fault benefits" means benefits for economic loss resulting from accidental bodily injury. The maximum amount of basic no-fault benefits payable for all economic loss resulting from acci dental bodily injury to any one person as the result of any one accident not to exceed five thousand ($5,000.00) dollars, regardless of the number of persons entitled to such benefits or the number of insurers obligated to pay such benefits. Basic no-fault benefits consist of one or more of the following elements only:

(1) reasonable and necessary medical expenses and rehabilita tion expenses;

(2) work loss or survivors' loss not to exceed two hundred ($200.00) dollars per week; and

(3) funeral and burial expenses not in excess of one thousand ($1,000.00) dollars.

(c) "Basic no-fault insurer" means an insurer or a qualified selfinsurer.

(d) "Dependent survivors" of a deceased injured person include the following survivors only:

(1) the surviving spouse; and

(2) other persons receiving support from the deceased at the time of his death which would qualify them as dependents of the deceased for federal income tax purposes under the Internal Revenue Code.

The dependency of a surviving spouse shall terminate upon remar riage. The dependency of any other person shall continue only so long as such person is under the age of eighteen (18) years or physically or mentally incapacitated from earning or engaged full time in a formal program of academic or vocational education or training.

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JOURNAL OF THE HOUSE,

(e) "Economic loss" means one or more of the following:

(1) medical expenses and reasonable and necessary rehabilita tion expenses; and

(2) work loss, survivors' loss, and funeral and burial expenses.

(f) "Injured person" means a person who sustains accidental bodily injury.

(g) "Medical expenses" means reasonable expenses incurred by an injured person for necessary medical, surgical, x-ray, dental or hospital and professional nursing services. Medical expenses include expenses in curred for services rendered by any person licensed to practice a healing art and any remedial treatment and care rendered in accordance with a recognized religious healing method. The words "incurred by" shall in clude medical expenses incurred on behalf of an injured person by (i) a parent or guardian if the injured person is a minor or incompetent, or (ii) a surviving spouse if the injured person be deceased.

(h) "Motor vehicle" means a vehicle having more than three load bearing wheels, of a kind required to be registered under the laws of this State relating to motor vehicles designed primarily for operation upon the public streets, roads and highways, and driven by power other than muscular power, and includes a trailer drawn by or attached to such a vehicle.

(i) "Noneconomic loss" means pain, suffering, inconvenience and other nonpecuniary damage recoverable under the tort law of this State.

(j) "Occupying" means to be in or upon a motor vehicle or engaged in the immediate act of entering into or alighting from the motor vehicle.
(k) "Operation, maintenance or use of a motor vehicle" means operation, maintenance or use of a motor vehicle as a vehicle. Operation, maintenance or use of a motor vehicle does not include (i) conduct with in the course of a business of repairing, servicing, or otherwise main taining motor vehicles unless the conduct occurs off the business premises, or (ii) conduct in the course of loading and unloading the vehicle unless the conduct occurs while occupying it.
(1) "Owner" means the person in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, "owner" means the person who holds the legal title thereto, or in the event the motor vehicle is the sub ject of a security agreement or lease with option to purchase with the debtor or lessee having the right to possession, "owner" means the debtor or lessee.
(m) "Pedestrian" means any person not occupying a motor vehicle or not in or upon a vehicle operated on stationary rails or tracks or an aircraft.

THURSDAY, MARCH 8, 1973

2385

(n) "Relative" means a person related to the owner by blood, mar riage or adoption and residing in the same household as the owner. A person resides in the same household if he usually makes his home in the same family unit, even though he temporarily lives elsewhere.

(o) "Secured motor vehicle" means a motor vehicle with respect to which the security required by this Act was in effect at the time of the accident resulting in such injury.

(p) "Secured person" means the owner, operator or occupant of the secured motor vehicle, and any other person or organization legally responsible for the acts or omissions of such owner, operator or occupant.

(q) "Serious injury" means an accidental bodily injury which re sults in death, permanent disfigurement, dismemberment, permanent loss of a bodily function, permanent partial or total loss of sight or hearing, injury resulting in reasonably incurred medical expenses ex ceeding five hundred ($500.00) dollars or in cases where the injured person sustains a fracture to a weight-bearing bone, a compound, com minuted, displaced or compressed fracture, a loss of a body member, per manent injury within reasonable medical probability, or an injury re sulting in disability rendering the injured person incapable of perform ing his principal activity and a substantial portion of his other daily activities for not less than thirty (30) days.

(r) "Survivors' loss" means loss sustained after an injured person's death by his dependent survivors during their dependency and consisting of the loss of the contributions they would have received for their sup port from the decedent out of "income from work he would normally
have performed had he not died and expenses reasonably incurred by his dependent survivors in obtaining ordinary and necessary services from others not members of the decedent's household in lieu of the services he would have performed for the benefit of his household.

(s) "Work loss" means 85% of (i) loss of income from work an injured person who would normally be employed in gainful activity during the period of his disability, would have performed had he not been injured, reduced by any income from substitute work actually performed by the injured person or by income the injured person would have earned in available appropriate substitute work which he was capable of performing but unreasonably failed to undertake and (ii) expenses reasonably incurred in obtaining ordinary and necessary services from others not members of the injured person's household in lieu of those that the injured person would have performed had he not been injured, not for income but for the benefit of himself or his family. Work loss does not include any loss after the death of an injured person.

Section 3. Security Requirements, (a) The owner of a motor ve hicle required to be registered in this State shall provide and continuous ly maintain throughout the registration period security in accordance with this Act for payment of basic no-fault benefits for economic loss and the liabilities covered under motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsi-

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JOURNAL OF THE HOUSE,

bility laws of this State. At the time of registration, the owner of a motor vehicle required to be registered in this State shall certify on an appropriate form approved by the Commissioner of the Department of Public Safety that he has and will maintain security continuously dur ing the period of registration. The owner of a motor vehicle not required to he registered in this State shall maintain such security in effect con tinuously throughout the period of its operation, maintenance or use as a motor vehicle within this State.

(b) The security required by this Act may be provided by a policy of insurance complying with this Act issued by an insurer authorized to transact business in this State, or, if the vehicle is registered in an other state, by a policy of insurance issued by an insurer authorized to transact business in either this State or the state in which the ve hicle is registered.

(c) Subject to approval of the Commissioner of the Department of Public Safety, the security required by this Act may be provided by self-insurance by filing with the Commissioner in satisfactory form:

(1) a continuing undertaking by the owner or other appropriate person to pay basic no-fault benefits and the liabilities covered by motor vehicle liability insurance equivalent to that required as evi dence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this State, and to perform all other obligations imposed by this Act;

(2) evidence that appropriate provision exists for the prompt and efficient administration of all claims, benefits and obligations provided by this Act; and

(3) evidence that reliable financial arrangements, deposits or commitments exist providing assurance for payment of basic nofault benefits and the liabilities covered by motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this State, and all other obligations im posed by this Act substantially equivalent to those afforded by a policy of insurance that would comply with this Act. A person who provides security under this subsection is a self-insurer, and shall have all of the rights and obligations of an insurer under this Act.

(d) The owner of any motor vehicle required to be registered in this State who operates it or permits it to be operated in this State when he knows or should know that he has failed to comply with the requirement that he provide security under this Act shall have his operator's license and his motor vehicle registration revoked or suspended in accordance with procedures established therefor under the motor vehicle safety responsibility law of this State until he shall provide the security required by this Act.

(e) An owner of a motor vehicle with respect to which security is required who fails to have such security in effect at the time of an accident shall be personally liable at law for payment of basic no-fault

THURSDAY, MARCH 8, 1973

2387

benefits, and shall have all the rights and obligations of an insurer under this Act.

(f) Any motor vehicle liability policy issued by an insurer cover ing motor vehicles required to be registered in this State and any policy of insurance which purports to provide coverage for basic no-fault benefits for economic loss or is sold with the representation that it ful fills the requirements of a security as required by this Act is deemed to include all coverages required by this Act. Benefits payable under such policies for automobile medical payments coverage and uninsured motorist coverage may be excess over any benefits required by this Act and available in such policies. All such policies of insurance shall con form to and be subject to the provisions of Code Section 56-2430.1, re lating to cancellations and nonrenewals, as amended.

(g) As a condition of its continued transaction of such business within this State every insurance company authorized to transact the business of motor vehicle liability insurance in this State shall file with the Insurance Commissioner a form approved by the Insurance Com missioner declaring that its motor vehicle liability policies wherever issued shall be deemed to provide the security required by this Act when the vehicle is operated in this State.

Section 4. Optional Excess No-Fault Benefits. Each basic no-fault insurer of the owner of a motor vehicle required to be registered in this State shall also make available excess no-fault benefits for economic loss, commencing upon the exhaustion of basic no-fault benefits, of fifty thousand ($50,000.00) dollars inclusive of basic no-fault benefits for accidental bodily injury to any one person in any one accident. Nothing contained herein shall prevent any insurer from also offering benefits and limits other than those prescribed, and it shall be the sole right of the applicant for optional excess no-fault benefits. Each basic no-fault insurer shall be permitted to incorporate in such optional excess nofault coverage such terms, conditions, and exclusions as may be ap proved by the Insurance Commissioner consistent with the premiums charged. The amounts payable under optional excess no-fault benefits may be duplicative of benefits received from any collateral sources or may be written in excess of such collateral source benefits, or may provide for reasonable waiting periods, deductibles or coinsurance provisions. The no-fault benefits insurer may provide that it be subrogated to the insured's right of recovery against any responsible third party.
Section 5. Persons Entitled to Benefits. The insurer of a motor vehicle with respect to which security is required shall pay basic no-fault benefits without regard to fault for economic loss resulting from:

(a) accidental bodily injury sustained within the United States of America, its territories or possessions or Canada by the owner or any relative of the owner while occupying any motor vehicle, or while a pedestrian as the result of being struck by a motor vehicle;

(b) accidental bodily injury sustained by any other person while occupying the owner's motor vehicle if the accident occurs within the United States of America, its territories or possessions or Canada; and

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JOURNAL OF THE HOUSE,

(c) accidental bodily injury sustained by any other person as a result of being struck by the owner's motor vehicle while a pedestrian in this State.

Section 6. Persons Not Entitled to Benefits. Basic no-fault bene fits shall not be payable to or on behalf of any person who sustains accidental bodily injury while:

(a) occupying a motor vehicle known by him to be stolen; or

(b) occupying a motor vehicle owned by such person which is not insured for the benefits required by this Act unless solely occasioned by the failure of the liability insurer of such owner to file a form pursuant to subsection (g) of Section 3 of this Act and to provide the basic nofault benefits required by this Act.

Section 7. Payment of Basic and Optional Excess No-Fault Bene fits. Basic and optional excess no-fault benefits are payable at the option of the insurer (a) to the injured person; (b) if the insured person be a minor or incompetent, to his parent or guardian; (c) if the injured person be deceased, to his surviving spouse; or (d) to any person or organization rendering the service.

If an insurer in good faith pays such benefits, such payment shall discharge the insurer's liability to the extent of such payments unless the insurer has been notified in writing of the claim of some other per son prior to the making of any such payment.

Section 8. Priority of Applicable Policies, (a) The basic no-fault insurance applicable to accidental bodily injury to which this Act applies is the insurance on the motor vehicle occupied by the injured person at the time of the accident or, if the injured person is a pedestrian, the insurance on the motor vehicle which struck such pedestrian. If the in surer providing insurance on such motor vehicle fails to make payment for economic loss within twenty (20) days after receipt of reasonable proof of the fact and the amount of loss sustained, the injured person shall be entitled to payment under any other basic no-fault insurance applicable to the injured person, and the insurer making such payments shall be entitled to full reimbursement from the insurer of such motor vehicle.
(b) If there is no such insurance on such vehicle, any other basic no-fault insurance applicable to the injured person shall apply.

Section 9. Collateral Sources of Indemnity. A basic no-fault insurer shall have the primary obligation to indemnify for economic loss because of accidental bodily injury arising out of the operation, maintenance or use of a motor vehicle; provided, that the amount of all benefits a claimant recovers or is entitled to recover under any workmen's com pensation act because of accidental bodily injury shall be substracted from the basic no-fault benefits otherwise payable for the injury.

Section 10. Motor Vehicle Liability Insurance; Basis for Payment. JMotor vehicle liability insurance applies to the amounts which the owner

THURSDAY, MARCH 8, 1973

2389

or insured is legally obligated to pay as damages because of accidental bodily injury and accidental property damage arising out of the owner ship, maintenance, operation or use of a motor vehicle, if the accident occurs within the United States of America, its territories or possessions or Canada. Motor vehicle liability insurance shall afford limits of liabil ity not less than those equivalent to that required under the financial responsibility laws of this State. The insurer may include within the terms and conditions applicable to motor vehicle liability insurance such provisions as it customarily applies to motor vehicle liability insurance.

Section 11. Secured Person Exemption. In any action against a se cured person to recover damages because of accidental bodily injury arising out of the ownership, operation, maintenance or use of a secured motor vehicle in this State, the secured person shall be exempt from liability to pay damages for:

(a) noneconomic loss unless the injury is a serious injury as defined in subsection (g) of Section 2 of this Act;
(b) economic loss to the extent of all basic no-fault benefits paid or to become payable for such injury under this Act or which would be payable but for the deduction specified in Section 9.
Section 12. Insurer's Right of Subrogation. A basic no-fault insurer or self insurer which has paid or may become obligated to pay basic nofault benefits under this Act shall be subrogated to the extent of its obligations to all of the rights of the injured person against any person or organization other than a secured person. The subrogee shall have a lien to the extent of its obligations, and no release of such rights shall be effective against such rights without the subrogee's consent.
Section 13. Equitable Allocation of Losses Among Insurers, (a) As a condition to maintaining its license to do business in this State, every insurer licensed to write motor vehicle liability insurance shall agree that:
(1) Where its insured is or would be held legally liable but for the exemptions provided in Section 11 for damages for injuries sus tained by any person to whom benefits accruing hereunder have been paid by another insurer, it will reimburse such other insurer for the payment of such benefits, but not in excess of the amount of dam ages so recoverable, and
(2) The issue of liability for such reimbursement and the amount thereof shall be determined on the basis of tort law by agree ment between the insurers involved, or, if they fail to agree, by binding inter-company arbitration procedures promulgated by the Insurance Commissioner.
(b) Any evidence or decision in the arbitration proceedings shall be privileged and shall not be admissible in any action at law or in equity by any party or parties.

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(c) In any case where an insurer has paid benefits accruing hereunder to a claimant injured by a person who is not covered by liability insurance provided by an insurer licensed to write automobile liability insurance in this State, the insurer paying such benefits shall be subrogated to any right of action for damages by the claimant against such person to the extent of such payments.

Section 14. Basic No-Fault Benefits Payable Periodically. Basic nofault benefits shall be payable monthly as loss accrues. Such benefits are overdue if not paid within thirty (30) days after the insurer receives reasonable proof of the fact and the amount of loss sustained. If rea sonable proof is not supplied as to the entire claim, the amount supported by reasonable proof is overdue if not paid within thirty (30) days after such proof is received by the insurer. Any part or all of the remainder of the claim that is later supported by reasonable proof is overdue if not paid within thirty (30) days after such proof is received by the insurer. For the purpose of calculating the extent to which any benefits are overdue, payment shall be treated as made on the date a draft or other valid instrument was placed in the United States mail in a proper ly addressed, postpaid envelope, or, if not so posted, on the date of delivery. Basic no-fault payments may be paid by the insurer directly to persons supplying necessary products, services or accommodations to the claimant. All overdue payments shall bear simple interest at the rate of one and one-half percent (1%%) per month.

Section 15. Exemption of Benefits. An agreement for assignment of any right to benefits payable in the future is unenforceable, except med ical expense to the extent the benefits are for the cost of products, ser vices, or accommodations provided or to be provided by the assignee.

Basic no-fault benefits other than those for medical expense are exempt from garnishment, attachment, execution, and any other process or claim to the extent that wages or earnings are exempt under any applicable law exempting wages or earnings from process or claims.

Section 16. Limitation of Actions, (a) If no basic or excess no-fault benefits have been paid for loss arising other than from death, an action therefor may be commenced not later than two (2) years after the in jured person suffers the loss and either knows, or in the exercise of reasonable diligence should know, that the loss was caused by the acci dent, or not later than four (4) years after the accident, whichever is earlier. If basic or excess no-fault benefits have been paid for loss aris ing other than from death, an action for recovery of further benefits, other than survivors' loss benefits, by either the same or another claim ant, may be commenced not later than two (2) years after the last pay ment of benefits.

(b) If no basic or excess no-fault benefits have been paid to the decedent or his survivors, an action for survivors' loss benefits may be
commenced not later than one (1) year after the death or four (4) years after the accident from which death results, whichever is earlier. If survivors' loss benefits have been paid to any survivor, an action for recovery of further survivors' loss benefits by either the same or an other claimant, may be commenced not later than two (2) years after the last payment of benefits. If basic or excess no-fault benefits have

THURSDAY, MARCH 8, 1973

2391

been paid for loss suffered by an injured person before his death result ing from the injury, an action for recovery of survivors' loss benefits may be commenced not later than one (1) year after the death or four (4) years after the last payment of benefits, whichever is earlier.

(c) Except as subsections (a) or (b) prescribe a longer period, an action by a claimant on an assigned claim which has been timely pre sented may be commenced not later than one (1) year after the claimant receives written notice of rejection of the claim by the insurer to which it was assigned.
Section 17. Physical Examinations. Whenever the physical condi tion of a person is material to any claim that has been or may be made for past or future basic or excess no-fault benefits, the person shall submit to physical examination by a physician or physicians designated by the insurer at a reasonably convenient location, the cost of which shall be paid by the insurer requesting the examination. Insurers are autho rized to include reasonable provisions of this nature in policies providing basic or excess no-fault benefits.

Section 18. Discovery of Facts About an Injured Person, (a) If a written request is made by an insurer against whom a claim has been made, every claimant or the claimant's employer, with the claimant's consent, shall furnish forthwith, in a form approved by the Commis sioner of Insurance, a sworn statement of earnings since the time of the accidental bodily injury and for a twelve-month period before the injury, of the person upon whose injury the claim is based.

(b) With written consent of the claimant, if requested in writ ing to do so by the insurer against whom the claim has been made, every physician, coroner, medical officer, hospital, clinic or other medical in stitution providing any products, services or accommodations, before or after an accidental bodily injury upon which a claim for basic or excess no-fault benefits is based, in relation to the injury or in relation to a condition claimed to be connected with the injury, shall, (1) furnish forthwith a written report of the history, condition, treatment, and dates and costs of such treatment of the injured person, (2) produce forthwith and permit the inspection and copying of his or its records regarding such history, condition, treatment, and dates and costs of treatment, and (3) furnish forthwith autopsy reports.

(c) In the event of any dispute regarding an insurer's right to discovery of facts about an injured person's earnings or about history, condition, treatment, and dates and costs of such treatment, a court of record may enter an order for such discovery as justice requires.

Section 19. Assigned Claims Plan, (a) Insurers and qualified selfinsurers authorized to provide basic no-fault benefits in this State are hereby directed to organize, participate in and maintain an assigned claims plan, and upon their failure to do so the Insurance Commissioner shall establish a plan by regulation to provide that any person who suffers economic loss as a result of any accidental bodily injury arising out of the operation, maintenance or use of a motor vehicle in this State, other than those persons not entitled to benefits under Section 6 of this Act, may obtain basic no-fault benefits through said plan if:

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JOURNAL OF THE HOUSE,

(1) basic no-fault benefits are not applicable to the injury for some reason other than those specified in Section 6 of this Act; or

(2) basic no-fault benefits applicable to the injury are inade quate to provide the contracted-for benefits because of financial in ability of an insurer to fulfill its obligations. Payments made by the assigned claims plan pursuant to this subsection shall constitute covered claims under the Georgia Insurance Insolvency Pool Act (Ga. Laws 1970, p. 700).

(b) If a claim qualifies for assignment under this Section, the as signed claims plan or any insurer to whom the claim is assigned shall be subrogated to all of the rights of the claimant against any insurer, its successor in interest or substitute, legally obligated to provide basic no-fault benefits to the claimant, for basic no-fault benefits provided by the assignment.

(c) The assigned claims plan shall contain such rules and regula tions for the operation of the plan and for the equitable distribution of costs as shall be approved or promulgated by the Insurance Commission er. Any claim brought through the plan shall be assigned to an insurer in accordance with such regulations, and that insurer, after such assignment, shall have the rights and obligations it would have and if prior to such assignment it had issued a policy providing basic no-fault benefits ap plicable to the loss. Any person accepting such benefits hereunder shall have such rights and obligations as he would have had under a policy issued to him providing basic no-fault benefits.

Section 20. Property Damage Protection; Tort Liability Exemption; Subrogation of Insurers, (a) The owner of a. motor vehicle required to be
registered in this State is not required to maintain security with respect to property damage to his motor vehicle, but may elect to purchase either full or basic coverage for accidental property damage to his motor vehicle.

(b) Every insurer providing security under this Act shall offer the owner either full or basic coverage for accidental property damage, in cluding the loss of use thereof, to the insured motor vehicle as follows:

(1) Full coverage shall provide insurance without regard to fault for accidents occurring within the United States of America, its territories or possessions or Canada.

(2) Basic coverage shall be limited to insurance against damage caused by the fault of another resulting from contact between the insured vehicle and a vehicle with respect to which security is re quired under this Act.

(c) The insurer may include within the terms and conditions ap plicable to full coverage such other provisions as it customarily applies to collision coverage for private passenger automobiles in other states, including deductibles without limitation.

THURSDAY, MARCH 8, 1973

2393

(d) Every owner, registrant, operator or occupant of a motor ve hicle with respect to which security has been provided as required by this Act, and every other person or organization legally responsible for the acts or omissions of such an owner, registrant, operator or occupant, is hereby exempted from tort liability for damages because of accidental property damage to motor vehicles arising out of the ownership, opera tion, maintenance or use of such motor vehicle in this State, provided that a person shall not be exempt from such liability if he was operat ing the motor vehicle without the express or implied consent of its owner or an insured under the owner's policy or if his willful and wanton misconduct was the proximate cause of the accident. This exemption applies only with respect to property damage to motor vehicles subject to this Act but shall not be applicable as to a motor vehicle damaging a parked vehicle, nor shall the exemption apply to a motor vehicle caus ing damage to another motor vehicle if the motor vehicle causing the damage was being operated without having in effect the security re quired by this Act.

(e) Notwithstanding subsection (d) above, an owner who has elected not to purchase insurance with respect to property damage to his motor vehicle may maintain an action of tort therefor against the owner, reg istrant, operator or occupant of a motor vehicle causing such damage if such damage exceeds one hundred ($100.00) dollars. The insurer of an owner who has elected to purchase full or basic collision coverage for his motor vehicle shall have the right, if the damage to such motor vehicle exceeds the above amount, to recover the amount of the benefits it has paid and, in behalf of its insured, any deductible amount from the insurer of the owner, registrant, operator or occupant of a motor vehicle causing such damage. The issues of liability in such a case and the amount of recovery shall be decided on the basis of tort law, and shall be determined by agreement between the insurers involved, or, if they fail to agree, by arbitration pursuant to the provisions of Sec tion 13.

Section 21. Mandatory Arbitration of Small Claims--$3,000. The superior and state courts of this State may provide, by rules of court, that all or any specific types of cases filed in such courts where the cause of action arose out of the operation, ownership, maintenance or use of a motor vehicle and where the amount in controversy shall be $3,000 or less, shall first be submitted to and heard by a panel of from one to three (3) members of the Bar of this State, who shall arbitrate the issues in the case. The manner in which arbitrators are selected and compensated and the rules and procedures to be followed in the arbitra tion proceedings shall be fixed by the court. Either party may appeal from an award of arbitrators to the court in which the case was pending under the following rules:

(a) The party appellant, his agent or attorney shall make oath or affirmation that such appeal is not entered for the purpose of delay, but because he firmly believes injustice has been done.
(b) Such party, his agent, or attorney shall pay all costs that may have accrued in such suit or action.
(c) Such appeal shall be entered and the costs paid within twenty

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JOURNAL OP THE HOUSE,

(20) days after the day of the entry of the award of the arbitrators on the docket.

(A) All appeals shall be de novo as to the law and the facts.

Section 22. Mandatory Reduction of Insurance Rates. Notwith standing any other provision of law, all insurers issuing insurance cov erage under this Act shall comply with the following provisions:

(a) Within sixty (60) days after the effective date of this Act, each insurer shall file its proposed forms, manuals, rules, rates and rating plans with the Insurance Commissioner for such approval as is required by law. Rates for required coverage under this Act after the effective
date of Sections 1 through 21 of this Act shall not exceed the rates for required financial responsibility coverage reduced by each insurer by not less than fifteen (15%) percent, calculated as a percentage of the combined required financial responsibility rate of such insurer in effect on December 1, 1972. Rates for medical payments coverage and unin sured motorists coverage shall not exceed each insurer's effective rate on file with the Insurance Commissioner as of December 1, 1972, re duced by not less than fifty (50%) percent. There shall be no exception to the requirements of this provision, unless the Insurance Commissioner shall find, after hearing upon written request of an insurer, that the use of the rates required herein by any insurer will result in rates which are inadequate to the extent that such rates jeopardize the solvency of the insurer required to use such dates. Such insurer shall have the bur den of showing that the use of the required rate will result in rates which are inadequate to the extent that such rates jeopardize its sol vency. Upon conclusion of any hearing held pursuant to this Section, the Insurance Commissioner shall enter his order specifying the rates required to be used by such insurer. The provisions of Code Chapter 56-2, relating to the Insurance Department, amended, shall apply to hear ings held under this Section.

(b) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Com missioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Act. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of eight (8%) percent per annum.

(c) Any motor vehicle liability policies in force on March 1, 1974, and thereafter, shall reflect by endorsement any reduction in rates for all motor vehicle coverage as filed by the insurer and such reduction shall be computed on a pro rata basis for the remaining term of said policy. Such endorsement may be issued at the renewal date of the policy or the termination of the policy. Any return premium shall be credited to the renewal policy, or if the policy is terminated the return premium shall be refunded to the insured.
Section 23. Insurance Commissioner's Powers not Affected. Noth ing in this Act shall be construed as diminishing, amending or repealing any powers vested in the Insurance Commissioner to regulate the busi-

THURSDAY, MARCH 8, 1973

2395

ness of insurance as defined in Code Title 56, as amended. It is expressly provided that all provisions of said Code Title shall be applicable to the conduct of insurers regulated by this Act, including, but not limited to, Section 56-317, pertaining to the suspension and revocation of certificates of authority, Section 56-317.1, pertaining to administrative fines for cer tain acts of officers, employees, agents and representatives of insurers, and Chapter 56-7, pertaining to unfair trade practices.

Section 24. Rules and Regulations. The Insurance Commissioner shall adopt rules and regulations necessary for the implementation of this Act with respect to insurers providing the security required herein. The Commissioner of the Department of Public Safety shall adopt rules and regulations necessary for the implementation of this Act with re spect to the maintaining of the security required herein.

Section 25. Severability and Constitutionality. If any provisions of this Act or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this Act and the application of such provision to other persons or circum stances shall not be affected thereby, and it shall be conclusively pre sumed that the legislature would have enacted the remainder of this Act without such invalid or unconstitutional provision; provided, that if Sec tion 11 is found to be unconstitutional or invalid, it shall be conclusively presumed that the legislature would not have enacted the remainder of this Act without such limitations and the entire Act shall be held invalid.

Section 26. Effective Date. This Act shall become effective October 1, 1973; provided, however, the provisions of Sections 1 through 21 of this Act shall not become effective until March 1, 1974, and shall not apply to accidents or injuries occurring before said date.

Section 27. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lambert of the 78th moved that HB 78 be recommitted to the Committee on Insurance for further study.

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

Those voting in the affirmative were Messrs.:

Alexander, W. H. Bennett Berlin Berry Bostick Brown, C. Buck Burton Chance

Cole Coleman Collins, S. Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dorminy Elliott

Evans Groover Harris, J. R. Harrison Horton, W. L. Howard Keyton King Kreeger

2396
Lambert Larsen, W. W. Lee, W. S. McCracken Miles Murphy Nessmith

JOURNAL OF THE HOUSE,

Nix Pearce Roach Rush Russell, W. D.
Sams

Smith, V. B. Snow Walker Wheeler, Bobby
Williams

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M.
Alien Atherton Bailey Beckham Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Burruss Busbee Carlisle Carr Carrell Castleberry Clark Collins, M. Coney Connell
Davis, W. Dean, N. Dixon Dollar Duke Edwards Ezzard Farrar

Floyd, L. R.
Foster Fraser Geisinger Gignilliat Grantham Greer Hamilton Harden Harrington Harris, J. F. Hawes Hays Howell Hudson Hutchinson Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Logan Marcus Mason Matthews, C. Mauldin McDonald McKinney Morgan

Moyer Mullinax Northcutt Oxford Patten, G. C. Patterson Peters Petro Pinkston Rainey Reaves Ritchie Rogers Ross Russell, J. Savage Shanahan Smith, J. R. Stephens Sweat Toles Townsend Triplett Tucker Vaughn Waddle Wall Ware Wheeler, J. A. Whitmire Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Blackshear Bond Colwell
Dent Dickey Egan Ellis

Floyd, J. H. Grahl Hill, B. L. Hill, G. Horton, G. T. Irvin, J. Knight

Lane, Dick Levitas Lewis Lowrey Matthews, D. R. McDaniell Milford

Mulherin Noble Odom Patten, R. L. Phillips, G. S.

THURSDAY, MARCH 8, 1973

Phillips, L. L. Shepherd Strickland Thomason Thompson

Turner Twiggs Wamble Willis Mr. Speaker

2397

On the motion, the ayes were 45, nays 99.

The motion was lost and the House refused to recommit HB 78.

The following amendment was read:
Mr. Horton of the 56th moves to amend the Committee substitute to HB 78 by adding after the period on page 9, line 3, a new sentence to read as follows:
"An affidavit from the owner that he has the coverage made mandatory herein shall not be sufficient proof by itself that the owner has such coverage."

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Alexander, W. H. Bennett Bostick Busbee Carlisle Carrell Chance Clark Cole Coleman Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dent Dorminy Elliott Floyd, J. H. Floyd, L. R.

Foster Geisinger Harden Harris, J. F. Harris, J. R. Hawes Horton, G. T. Horton, W. L. Howard Hudson Irwin, J. R. King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Logan McDaniell

Miles Moyer Murphy Nix Noble Oxford Pearce Rainey Roach Sams Savage Shepherd Snow Stephens Thompson Turner Twiggs Waddle Walker Wamble Williams Wilson, J. M.

2398

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Bailey Beckham Berlin Blackshear Bohannon Brantley, H. H. Brantley, H. L.
Bray Brown, B. D. Brown, C. Brown, S. P. Carr Castleberry Coiling, M. Coney Dean, J. E.
Dean, N.
Dickey Dixon Dollar Duke Edwards Bills Farrar

Fraser Gignilliat Grahl Grantham
Greer Groover Harrington
Hays Hill, G. Howell Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton Lee, W. J. (Bill)
Levitas Lewis Marcus Mason Mauldin McCracken McDonald McKinney Milford Morgan

Mullinax Nessmith Northcutt
Patten, G. C. Patterson Peters Phillips, L. L. Pinkston Reaves Ritchie Ross Rush Russell, J. Russell, W. D. Shanahan Smith, J. R. Smith, V. B. Sweat Toles Townsend Vaughn Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton
Berry
Bond Buck Burruss Burton Dean, Gib Egan Evans Ezzard

Hamilton Harrison Hill, B. L. Lowrey Matthews, C. Matthews, D. R. Mulherin Odom Patten, R. L.

Petro Phillips, G. S. Rogers Strickland
Thomason Triplett Tucker
Willis Mr. Speaker

On the adoption of the amendment, the ayes were 66, nays 86.

The amendment was lost.
The following amendment was read: Mr. Horton of the 56th moves to amend the Committee substitute to
HB 56 as follows:

THURSDAY, MARCH 8, 1973 By striking on page 13, lines 5 through 9.

2399

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

Those voting in the affirmative were Messrs.

Alexander, W. H. Bennett Blackshear Bohannon Buck Castleberry Chance Cole Collins, S. Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Elliott Floyd, J. H. Floyd, L. R.

Geisinger Groover Hamilton Harris, J. R. Hill, G.
Horton, W. L. Howard Hudson Irwin, J. R. Keyton King Kreeger Lambert Lane, W. J. Larsen, W. W. Lee, W. S. McDaniell

Miles Murphy Nix Odom Oxford Patterson Pearce Rainey Russell, W. D. Sams Savage Stephens Sweat Thompson Walker Williams Wilson, J. M.

Those voting in the negative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Bailey Beckham Berlin Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carlisle Carr Carrell Coleman Collins, M. Colwell Coney Connell Dean, N.

Dent Dickey Dixon Dollar Dorminy Duke Edwards Ellis Ezzard Farrar Foster Fraser Gignilliat Grantham Greer Harden Hawes Hays Horton, G. T. Howell Hutchinson Irvin, J. Irvin, R. Jessup Johnson

Jordan Knight Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Levitas Lewis Logan Marcus Mason Matthews, C. Mauldin McCracken McDonald Milford Morgan Moyer Mulherin Mullinax Nessmith Northcutt Patten, G. C. Petro Phillips, L. L. Pinkston

2400
Reaves Ritchie Ross Rush Russell, J. Shanahan Smith, J. R.

JOURNAL OP THE HOUSE,

Smith, V. B.
Snow Toles Turner Vaughn Waddle
Wall

Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson, M. L. Wood

Those not voting were Messrs.:

Alien Atherton Berry Bond Burruss Burton Clark Egan Evans Grahl Harrington

Harris, J. F. Harrison
Hill, B. L. Jones
Lowrey Matthews, D. R. McKinney Patten, R. L. Peters Phillips, G. S.

Roach Rogers Shepherd Strickland Thomason Townsend Triplett Tucker Twiggs Willis
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 51, nays 96.

The amendment was lost.

The following amendment was read:
Mr. Horton of the 56th moves to amend the Committee substitute to HB 78 by adding a new sentence beginning on page 18, line 5 to read:
"This limitation shall operate in conjunction with other statu tory limitations and shall be additive to the existing 2 year limita tions for personal injury.".

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. Bennett

Berlin
Blackshear Bostick

Castleberry
Clark Collins, S.

Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dollar Floyd, L. R. Geisinger Harden Harris, J. R. Horton, W. L.

THURSDAY, MARCH 8, 1973

2401

Howard Irwin, J. R. King Kreeger Lambert Lane, W. J. Larsen, W. W. Lee, W. S. Matthews, C. Miles Murphy

Odom Pearce Rogers Sams Savage Stephens Thompson Tucker Williams Wilson, J. M.

Those voting in the negative were Messrs. :

Adams, G. D. Adams, J. H. Adams, Marvin Alexander, W. M. Alien Bailey Beckham Berry Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carlisle Carr Carrell
Chance
Cole
Coleman
Collins, M.
Colwell
Coney
Dean, Gib
Dent
Dickey
Dixon
Dorminy
Duke
Edwards
Ellis
Ezzard
Farrar
Foster

Fraser Gignilliat Grahl Grantham Greer Harrington Harris, J. F. Hawes Hays Hill, G. Horton, G. T. Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan
Knight
Lane, Dick
Larsen, G. K.
Lee, W. J. (Bill)
Levitas
Lewis
Marcus
Mason
Mauldin
McCracken
McDaniell
McDonald
Milford
Morgan
Moyer
Mulherin

Mullinax Nessmith Northcutt Oxford Patten, G. C. Patterson Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Ross Rush Russell, J. Russell, W. D. Shanahan Shepherd Smith, J. R. Smith, V. B.
Snow
Sweat
Toles
Townsend
Turner
Vaughn
Waddle
Walker
Wall
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Wilson, M. L.
Wood

2402

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Atherton

Hamilton

Bond

Harrison

Burruss

Hill, B. L.

Burton

Keyton

Dean, J. E.

Logan

Egan

Lowrey

Elliott

Matthews, D. R.

Evans

McKinney

Floyd, J. H.

Nix

Groover

Patten, R. L.

Peters Phillips, G. S. Roach Strickland Thomason Triplett Twiggs Willis 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 41, nays 109.

The amendment was lost.

The following amendment was read:
Mr. Horton of the 66th moves to amend the Committee substitute to HB 78 by striking Section 16, sections (a) and (b) and by striking in section (c) the words:
"Except as subsections (a) or (b) prescribe a longer period,"
and by capitalizing the letter "a" in the word "an" immediately following the stricken words.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander, W. H. Bennett Berlin Berry Blackshear Bohannon Bostick Buck Busbee Carr Collins, S. Daugherty Davis, E. T.

Davis, W. Dollar Elliott Floyd, L. R. Geisinger Harden Horton, W. L. Howard Hudson Irwin, J. R. Keyton King Kreeger

Lambert Lane, W. J. Lee, W. S. Matthews, C. Morgan Murphy Nix Odom Oxford Patterson Pearce Roach Rogers

Russell, W. D. Sams Savage

THURSDAY, MARCH 8, 1973

2403

Stephens Tucker Walker

Williams Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Bailey Beckham Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Carlisle Carrell Castleberry Chance Clark Coleman Collins, M. Colwell Coney Connell Dean, Gib Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Ellis Ezzard Farrar

Foster Fraser Gignilliat Grahl Grantham Greer Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, G. Horton, G. T. Howell Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Knight Lane, Dick Larsen, G. K. Larsen, W. W.
Lee, W. J. (Bill) Levitas Lewis Logan Marcus Mason Mauldin McCracken McDaniell McDonald

Milford Moyer Mulherin Mullinax Nessmith Northcutt Patten, G. C. Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Ross Rush Russell, J. Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Sweat Toles Townsend Turner Vaughn
Waddle Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton Bond Burruss Burton Cole Dean, J. E. Egan Evans Floyd, J. H.

Groover Hamilton Harrison Hill, B. L. Lowrey Matthews, D. R. McKinney Miles Patten, R. L.

Peters Phillips, G. S. Strickland Thomason Thompson Twiggs Willis Mr. Speaker

2404

JOURNAL OF THE HOUSE,

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the adoption of the amendment, the ayes were 47, nays 105.

The amendment was lost.

The following amendment was read and adopted:
Mr. Horton of the 66th moves to amend the Committee substitute to HB 78 by adding on page 16, line 4, after the period a new sentence:
"The insurer shall pay reasonable attorney's fees for the pros ecution of an action whereby the subrogation claim is wholly or partially satisfied.".

The following amendment was read:
Mr. Horton of the 56th moves to amend the Committee substitute to HB 78 by adding on page 14, after the period on line 3, the following sentence where the insured has contracted for benefits from another insurer under other than a no-fault or liability insurance policy, the benefits shall be paid regardless of the sums paid under the no-fault or liability policy.

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. Beckham Berlin Berry Blackshear Bohannon Bostick Buck Busbee Carlisle Castleberry Cole Collins, S. Daugherty Davis, E. T. Davis, W.

Dean, Gib Dean, N. Dollar Elliott Floyd, J. H. Floyd, L. R. Geisinger Grahl Groover Hamilton Harden Harris, J. F. Harris, J. R. Hawes Hill, G. Horton, G. T.

Horton, W. L. Howard Hudson Irwin Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. S. Logan Matthews, C. McCracken

Miles Murphy Nix Noble Odom Oxford Patterson Pearce

THURSDAY, MARCH 8, 1973

Roach Rogers Russell, W. D. Sams Savage Smith, V. B. Stephens

Thompson Tucker Walker Wheeler, J. A. Williams Wilson, J. M. Wilson, M. L.

2405

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Bailey Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Brown, S. P. Carr Carrell Chance Coleman Collins, M. Colwell Coney Connell Dean, J. E. Dent Dickey Dixon Dorminy Duke Edwards Ellis

Evans Ezzard Farrar Foster Fraser Gignilliat Grantham Greer Harrington Hays Howell Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Larsen, G. K. Lee, W. J. (Bill) Levitas Lewis Marcus Mason Mauldin McDaniell McDonald Milford Moyer

Mullinax Nessmith Northcutt Patten, G. C. Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Ross Rush Shanahan Shepherd Smith, J. R. Snow Sweat Toles Townsend Triplett Turner Vaughn Waddle Wall Wamble Ware Wheeler, Bobby Whitmire Wood

Those not voting were Messrs.:

Atherton Bennett Bond Burruss Burton Clark Egan Harrison

Hill, B. L. Lowrey Matthews, D. R. McKinney Morgan Mulherin Patten, R. L. Peters

Phillips, G. S. Russell, J. Strickland Thomason Twiggs Willis Mr. Speaker

2406

JOURNAL OP THE HOUSE,

On the adoption of the amendment, the ayes were 70, nays 87.

The amendment was lost.

The following amendment was read:
Mr. Horton of the 56th moves to amend the Committee substitute to HB 78 by striking on page 11, the sentence beginning on line 31 and ending on page 12, line 1 and substituting in lieu thereof the following:
"No no-fault insurer may subrogate for the amounts paid to the insured where the insured has no right of action under 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, G. D. Adams, John Alexander, W. H. Alien Beckham Bennett Berlin Berry Bohannon Bo stick Brantley, H. L. Bray
Brown, S. P.
Buck
Carlisle
Cole
Coleman
Collins, S.
Colwell
Daugherty
Davis, E. T.
Davis, W.
Dean, Gib
Dean, J. E.
Dean, N.
Dollar
Elliott
Evans

Floyd, L. R. Geisinger Grahl Groover Hamilton Harden Harris, J. R. Hawes Horton, G. T. Horton, W. L. Howard Hudson
Irvin, J.
Irvin, R.
Irwin, J. R.
Jessup
Jones
Keyton
King
Knight
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Logan

Matthews, C. McDaniell Miles Morgan Murphy Nessmith Nix Noble Odom Oxford Patterson Pearce
Rainey
Roach
Rogers
Russell, W. D.
Sams
Savage
Smith, V. B.
Stephens
Thompson
Triplett
Tucker
Waddle
Walker Wheeler, J. A.
Williams
Wilson. J. M.

THURSDAY, MARCH 8, 1973

2407

Those voting in the negative were Messrs.

Adams, J. H. Adams, Marvin Alexander, W. M. Brantley, H. H. Brown, B. D. Brown, C. Busbee Carr Carrell Castleberry Chance Collins, M. Coney, D. Connell Dent Dickey Dixon Duke Edwards Ellis Ezzard Farrar Floyd, J. H. Foster

Fraser Gignilliat Grantham Greer Harrington Harris, J. F. Hays Hill, G. Howell Hutchinson Johnson Jordan Larsen, G. K. Levitas Lewis Marcus Mason Mauldin McCracken McDonald Milford Moyer Mullinax Northcutt

Patten, G. C. Petro Phillips, L. L. Pinkston Reaves Ritchie Ross Rush Russell, J. Shanahan Smith, J. R. Snow Sweat Toles Townsend Turner Vaughn Wall
Wamble Ware Wheeler, Bobby Whitmire Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton Bailey Blackshear Bond Burruss Burton Clark Dorminy

Egan Harrison Hill, B. L. Lowrey Matthews, D. R. McKinney Mulherin Patten, R. L.

Peters Phillips, G. S. Shepherd Strickland Thomason Twiggs Willis Mr. Speaker

On the adoption of the amendment, the ayes were 84, nays 72.

The amendment was adopted.
The following amendment was read and adopted: Mr. Horton of the 56th moves to amend the Committee substitute to
HB 78 by changing on page 6 in line 2, the period to a comma and add ing after the word "deceased" the following:
(111) The estate of the deceased.

2408

JOURNAL OF THE HOUSE,

The following amendment was read:

Mr. Horton of the 56th moves to amend the Committee substitute to HB 78 by striking the sentence beginning on line 12, page 5, and ending on line 13, page 6 and by further striking the word "any" on page five,
line 13.

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.
Alien Bennett Berry Bostick Buck Burton Castleberry Coleman Collins, S. Daugherty Davis, E. T. Davis, W. Elliott Floyd, L. R. Gei singer Grahl

Groover Hamilton Harden Horton, W. L. Howard Hudson Irwin, J. R. Jones Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. S. Logan

Matthews, C. McDaniell Morgan Murphy Noble Odom Patterson Pearce Roach Rogers Russell, W. D. Sams Savage Stephens, W. S. Thompson Triplett Williams Wilson, J. M.

Those voting in the negative were Messrs.

Adams, G. D. Adams, J. H. Adams, Marvin Alexander, W. M. Bailey Beckham Berlin Blackshear Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carlisle Carr

Carrell Chance Cole Collins, M. Colwell Coney Connell Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Ellis Evans

Ezzard Farrar Floyd, J. H.
Foster Fraser Gignilliat Grantham
Greer Harrington Harris, J. F. Harris, J. R.
Hawes Hays Hill, G. Horton, G. T. Howell Hutchinson
Irvin, R.

Jessup Johnson Jordan Larsen, G. K. Lee, W. J. (Bill) Leivtas Lewis Marcus
Mason Mauldin McCracken McDonald Miles Milford Moyer Mullinax Nessmith

THURSDAY, MARCH 8, 1973

2409

Northcutt Oxford Patten, G. C. Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey
Reaves Ritchie Ross Rush Russell, J. Shanahan Smith, V. B. Snow

Sweat Toles Townsend Turner Twiggs Vaughn Waddle Walker
Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton Bond Burruss Clark Dean, J. E. Egan Harrison Hill, B. L.

Irvin, J. Lowrey Matthews, D. R. McKinney Mulherin Nix Patten, R. L. Peters

Shepherd Smith, J. R. Strickland Thomason Tucker Willis Mr. Speaker

On the adoption of the amendment, the ayes were 54, nays 103.

The amendment was lost.

The following amendment was read:
Mr. Horton of the 56th moves to amend the Committee substitute to HB 78 by striking line 1, page 5 and inserting in lieu thereof the following:
"of twenty-five hundred ($2,500.00) dollars".

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. Alien Atherton

Bailey Beckham Bennett Berlin

2410
Berry Blackshear Bohannon 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 Cole Coleman Collins, M. Collins, S. Colwell
Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dollar Dorminy Duke Edwards Elliott Ellis Evans Ezzard Floyd, L. R.
Foster Geisinger Gignilliat Grahl Grantham

JOURNAL OF THE HOUSE,

Groover Hamilton
Harden Harrington Harris, J. F. Harris, J. R.
Hawes Hays Hill, G. Horton, G. T. Horton, W. L.
Howard Hudson Hutchinson
Irvin, R. Irwin, J. R.
Jessup Johnson Jones Keyton
King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S.
Lewis Logan Mason Matthews, C. Mauldin McCracken McDaniell McKinney
Miles Milford Morgan Moyer Mullinax
Murphy

Nessmith
Nix Noble Northcutt
Odom Oxford Patten, G. C. Patterson
Pearce Petro Rainey Reaves Roach Rogers Ross Russell, J. Russell, W. D.
Sams Savage Shanahan Shepherd Smith, V. B.
Snow Stephens
Sweat 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 voting in the negative were Messrs.:

Bray Brown, S. P.
Coney Dickey Dixon Farrar Floyd, J. H.
Fraser

Greer Jordan Larsen, G. K.
Levitas Marcus McDonald Phillips, G. S.

Phillips, L. L.
Pinkston Ritchie Rush Smith, J. R. Thompson Townsend

THURSDAY, MARCH 8, 1973

2411

Those not voting were Messrs.:

Bond Dean, J. E. Dent Egan Harrison Hill, B. L.

Howell Irvin, J. Lowrey Matthews, D. R. Mulherin Patten, R. L.

Peters Strickland Thomason Willis Mr. Speaker

On the adoption of the amendment, the ayes were 141, nays 22.

The amendment was adopted.

The following amendment was read and adopted:
Mr. Murphy of the 18th moves to amend the Committee substitute to HB 78 by adding a new section to immediately follow Section 22 and to be appropriately numbered and read as follows:
Section 21-a. Wrongfully death cause of action retained. Any other provision of this Act notwithstanding, the right to sue for wrongfully death is retained without regard to dependency as defined in this Act.

The following amendment was read and adopted:
Mr. Alexander of the 38th moves to amend the Committee substitute to HB 78 by adding on line 3, page 13, after "spouse", the following:
"if living together, otherwise to his heirs."

The following amendment was read:
Mr. Alexander of the 38th moves to amend the Committee substi tute to HB 78 by adding on line 19 of page 7 after the word "expenses," the words "and lost wages".

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

Those voting in the affirmative were Messrs.:

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

Alexander, W. H. Alexander, W. M. Bennett

Berlin Berry Blackshear

2412
Bohannon Bond Bostick Brantley, H. H. Brantley, H. L.
Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr 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 Dollar Dorminy Edwards Elliott Evans Ezzard Farrar Floyd, L. R. Geisinger

JOURNAL OF THE HOUSE,

Grantham 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. Irwin, J. R-
Jessup Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S.
Logan Mason Matthews, C.
Mauldin McCracken McDaniell McKinney
Milford Morgan

Moyer Mullinax
Murphy Nessmith
Nix Noble Northcutt
Odom Oxford Patterson
Pearce Petro Reaves Roach Rogers Rush Russell, J. Russell, W. D.
Sams Shepherd Smith, J. R. Smith, V. B.
Snow Stephens
Thompson
Toles Tucker Twiggs Waddle Walker Wheeler, Bobby Wheeler, J. A. Whitmire
Williams Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, J. H. Bailey Beckham Bray Carrell Coney Dickey Dixon Duke
Ellis
Floyd, J. H.
Foster
Fraser
Gignilliat

Grahl Greer Harris, J. F. Irvin, R. Johnson Jones Larsen, G. K. Levitas Lewis
Marcus
McDonald
Patten, G. C.
Phillips, G. S.
Phillips, L. L.

Pinkston Rainey Ritchie Ross Shanahan Sweat Townsend Triplett Turner
Wall
Wamble
Ware
Wood

THURSDAY, MARCH 8, 1973

2413

Tho^e not voting were Messrs.:

Alien Atherton Brown, B. D. Burruss Egan Harrison Howell

Jordan Lowrey Matthews, D. R. Miles Mulherin Patten, R. L. Peters

Savage Strickland Thomason Vaughn Willis Mr. Speaker

On the adoption of the amendment, the ayes were 119, nays 41.

The amendment was adopted.

The following amendment was read:
Mr. Alexander of the 38th moves to amend the Committee substitute to HB 78 by deleting "five hundred ($500.00) dollars" on line 20 of page 7, and inserting in lieu thereof "two hundred fifty dollars ($250.00).

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

Those voting in the affirmative were Messrs.

Alexander, W. H. Alexander, W. M. Bennett Berry Bohannon Bostick Buck Castleberry Clark Daugherty Davis, E. T. Dean, J. E. Dent

Evans Hamilton Harris, J. R. Hill, B. L. Howard Keyton King Kreeger Lambert Larsen, W. W. Lee, W. S. McCracken

Murphy Odom Patterson Pearce Russell, W. D. Shepherd Smith, J. R. Stephens Thompson Walker Williams Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alien Atherton

Bailey Beckham Berlin Blackshear Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton

2414
Busbee Carlisle Carr Carrell Chance Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, W. Dean, N. Dickey Dixon Dollar Dorminy
Duke Edwards Elliott Ellis Ezzard Farrar Floyd, J. H. Floyd, L. R.
Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Harden Harrington Harris, J. F.

JOURNAL OF THE HOUSE,

Hawes Hays Hill, G. Horton, G. T. Horton, W. L.
Howell Hudson Hutchinson
Irvin, J. Irvin, R. Irwin, J. R.
Jessup Johnson
Jones Jordan Knight Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill)
Levitas Lewis Logan Marcus Mason Matthews, C.
Mauldin McDaniell McDonald McKinney
Miles Milford Morgan
Moyer Mullinax Nessmith

Noble Northcutt
Oxford Patten, G. C.
Peters Petro Phillips, G. S. Phillips, L. L.
Pinkston Rainey Reaves Ritchie Rogers
Ross Rush Russell, J.
Sams Savage Shanahan Smith, V. B.
Sweat Toles Townsend Triplett
Tucker Turner Vaughn Waddle Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson, M. L.
Wood

Those not voting were Messrs.:

Bond
Dean, Gib Egan Groover Harrison Lowrey

Matthews, D. R. Mulherin Nix Patten, R. L. Roach Snow

Strickland Thomason Twiggs Willis Mr. Speaker

On the adoption of the amendment, the ayes were 37, nays 126.

The amendment was lost.

THURSDAY, MARCH 8, 1973

2415

The following amendment was read and adopted:

Mr. Russell of the 53rd moves to amend the Committee substitute to HB 78 by changing the comma after the word "provision" on line 29, page 23 to a period and deleting the rest of Section 22(a).

The following amendment was read:
Mr. Nix of the 20th moves to amend the Committee substitute to HB 87 as follows:
Amend Section 14, line 25 to read:
"at the rate of 2 1/2% per month".

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 Bailey Beckham Bennett Berry Blackshear Bohannon Bostick Brantley, H. L. Bray Buck Burruss Burton Busbee Carrell Castleberry Chance Coleman Collins, S. Colwell Connell Davis, E. T. Davis, W. Dean, N. Dent Dollar

Dorminy Duke Edwards Evans Floyd, J. H. Ployd, L. R. Geisinger Grahl Groover Hamilton Harden Harris, J. F. Harris, J. R. Hawes Hill, G. Horton, W. L. Howard Hudson 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 McCracken McDaniell Miles Morgan Mullinax Murphy Nessmith Nix Odom Oxford Patterson Pearce Phillips, G. S. Rainey Roach Ross Russell, W. D. Sams Shepherd Smith, J. R. Smith, V. B. Snow Stephens Thompson Toles Triplett

2416
Tucker Twiggs Walker

JOURNAL OF THE HOUSE,

Wamble Wheeler, Bobby
Wheeler, J. A.

Williams Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.

Alexander, W. H.
Alexander, W. M.
Berlin Brantley, H. H.
Brown, C. Carlisle
Carr Clark Coney Daugherty Dean, Gib Dean, J. E.
Dickey Dixon Ellis Ezzard Farrar Foster Fraser

Gignilliat Grantham
Greer Harrington
Hays Hill, B. L. Horton, G. T.
Howell Hutchinson
Irvin, J. Irvin, R. Irwin, J. R.
Lewis Logan Marcus
Mason Matthews, C.
Mauldin McDonald

Milford
Moyer Northcutt Patten, G. C.
Petro Phillips, L. L.
Pinkston Ritchie Rogers Rush Russell, J. Shanahan
Sweat Turner Vaughn Waddle Wall Whitmire
Wood

Those not voting were Messrs.:

Atherton
Bond Brown, B. D. Brown, S. P.
Cole Collins, M.
Egan Elliott

Harrison Lowrey Matthews, D. R.
McKinney Mulherin Patten, R. L.
Peters Reaves

Savage Strickland Thomason Townsend
Ware Willis Mr. Speaker

On the adoption of the amendment, the ayes were 99, nays 57.

The amendment was adopted.
The following amendment was read and adopted: Mr. Coney of the 89th moves to amend the Committee substitute to
HB 78 as follows: To Section 13 (a) (!), on page 15, line 20, strike the word "and" and
add the following: "in each of the following instances:

THURSDAY, MARCH 8, 1973

2417

(i) where the person for whom benefits were paid has sustained a serious injury as defined in section 2 (q) ; or

(ii) where the amount of the basic no-fault benefits paid any person exceeds one thousand five hundred ($1,500.00) dollars; or

(iii) where the injury resulted from an accident involving two or more vehicles, at least one of which is a motor vehicle weighing more than 5,500 pounds unloaded; and

Mr. Dixon of the 126th moved that the House reconsider its action in adopt ing the Coney amendment.

The motion prevailed.

On the re-adoption of the Coney amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, J. H. Berlin Brantley, H. H. Brown, S. P. Coney Dickey Ellis Evans Ezzard Foster Fraser Greer Hamilton

Harrison Hudson Hutchinson Irvin, R. Johnson Jordan Lane, Dick Marcus Mason Mauldin McCracken McDonald Milford

Phillips, G. S. Phillips, L. L. Pinkston Rush Russell, J. Shanahan Smith, V. B. Townsend Turner Wall Ware Wood

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon

Bostick Brantley, H. L. Brown, C. Buck Burton
Busbee Carlisle Carr Carrell Castleberry Chance Cole

Coleman Collins, M. Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent

2418
Dixon Dollar Dorminy Duke Edwards Elliott Farrar Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Grahl Grantham Groover Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, G. Horton, W. L. Howard Irvin, J. Irwin, J. R. Jessup Jones Keyton

JOURNAL OF THE HOUSE,

King Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Matthews, C. McDaniell McKinney
Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt
Odom Oxford Patten, G. C. Patterson

Pearce Rainey Reaves Ritchie Roach Rogers Ross Russell, W. D.
Sams Shepherd Smith, J. R. Snow Stephens Sweat Thompson Triplett Tucker Twiggs Vaughn Waddle Walker Wamble Wheeler, Bobby Whitmire Williams Wilson, J. M. Wilson, M. L.

Those not voting were Messrs.:

Adams, G. D. Bond Bray Brown, B. D. Burruss Clark Egan Hill, B. L.

Horton, G. T. Howell Le vitas Lowrey Matthews, D. R. Miles Patten, R. L. Peters

Petro Savage Strickland Thomason Toles Wheeler, J. A. Willis, R. T. Mr. Speaker

On the re-adoption of the Coney amendment, the ayes were 38, nays 118.

The amendment, previously adopted and reconsidered, was lost.

The following amendment was read:
Mr. Coney of the 89th moves to amend the Committee substitute to HB 78 as follows:

THURSDAY, MARCH 8, 1973

2419

In Section 20 (e), page 22, line 5, strike the words "one hundred ($100.00)" and insert the following in the place thereof:

"five hundred ($500.00)".

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, J. H. Bailey Beckham Berlin Brown, S. P. Carrell Chance Cole Coney Daugherty Dickey Edwards Ellis Evans Foster Fraser Gignilliat

Greer Howell Hudson Hutchinson Irvin, R. Irwin, J. R. Johnson Jordan Keyton Larsen, G. K. Lee, W. J. (Bill) Lewis Mauldin McDonald Milford Northcutt

Patten, G. C. Phillips, L. L. Pinkston Ritchie Rush Savage Sweat Townsend Triplett Turner Waddle Wall Wamble Ware Whitmire Wood

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bennett Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Burton Busbee Carlisle Carr

Castleberry Clark Coleman Collins, M. Collins, S. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dollar Dorminy Duke Elliott Ezzard Farrar Floyd, J. H.

Floyd, L. R. Geisinger Grahl Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Irvin, J. Jessup Jones King

2420
Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. S. Levitas Logan Marcus Mason Matthews, C. McCracken McDaniell McKinney Miles Morgan Moyer

JOURNAL OP THE HOUSE,

Mulherin Mullinax Murphy Nessmith Nix
Noble Odom Oxford
Patterson Pearce
Petro Phillips, G. S. Rainey Reaves Roach Rogers Ross Russell, J.

Russell, W. D. Sams Shanahan Smith, J. R. Smith, V. B.
Snow Stephens Thompson
Toles Tucker
Twiggs Vaughn Walker Wheeler, Bobby Wheeler, J. A. Williams Wilson, J. M. Wilson, M. L.

Those not voting were Messrs.:

Bostick Brown, B. D. Burruss Egan Harrison

Lowrey Matthews, D. R. Patten, R. L. Peters Shepherd

Strickland Thomason Willis Mr. Speaker

On the adoption of the amendment, the ayes were 49, nays 117. The amendment was lost.

Mr. King of the 85th moved that HB 78 and all amendments thereto be placed upon the table.

The amendment was lost.

The following amendment was read:
Mr. Coney of the 89th moves to amend the Committee substitute to HB 78 as follows:
On page 7, Section 2 (Q) line 22, strike "a fracture to a weightbearing bone", on page 7, Section 2(Q) line 22 and 23, strike "a loss of a body member", on page 7, Section 2(Q) lines 24-27, strike "or an injury resulting in disability rendering the injured person incapable of performing his principal activity and a substantial portion of his daily activities for not less than thirty (30) days".

THURSDAY, MARCH 8, 1973

2421

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

Those voting in the affirmative were Messrs.:

Berlin Brown, S. P. Carlisle Chance Coney Dickey Evans Foster Eraser

Hutchinson Irvin, R. Johnson Jordan Marcus Matthews, C. Mauldin McDonald Miles

Milford Peters Phillips, G. S. Pinkston Savage Townsend Wall Whitmire
Wood

Those voting in the negative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Burton Busbee Carr Carrell Castleberry Cole Coleman Collins, M. Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.

Dent Dixon Dollar Dorminy Duke Edwards Elliott Ellis Ezzard Farrar Floyd, J. H. Floyd, L. R. 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 Irvin, J. Irwin, J. R. Jessup Jones 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 Mason McCracken McDaniell Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patterson Pearce Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J.

2422
Russell, W. D. Sams Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat

JOURNAL OF THE HOUSE,

Toles Triplett Tucker Turner Twiggs Vaughn
Waddle

Walker Wamble Wheeler, Bobby Wheeler, J. A. Williams Wilson, J. M.
Wilson, M. L.

Those not voting were Messrs.:

Blackshear Bond Brown, B. D. Burruss
Clark Egan
Hamilton
Hill, B. L.

Logan Lowrey Matthews, D. R. McKinney
Patten, R. L. Petro
Phillips, L. L.

Shepherd Strickland Thomason Thompson
Ware Willis
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 27, nays 130.

The amendment was lost.

The following amendment was read and adopted:
Messrs. Bohannon of the 64th and Brown of the 89th move to amend the Committee substitute to HB 78 as follows:
By adding between Sections 16 and 17 on page 18 a new Section, to be designated Section 16A, to read as follows:
"Section 16A. Evidence of payments.--In any action in which the defendant, his insurer or any other person has made a payment to, or on behalf of, any claimant prior to trial, any evidence of, or concerning, said payment shall not be admissible in evidence or as an admission against liability in any action brought by the claimant, his survivors or personal representative, to recover damages for per sonal injuries, for the wrongful death of another, or for property damage or destruction."
The following amendment was read:
Mr. Lee of the 114th moves to amend the Committee substitute to HB 78 as follows:

THURSDAY, MARCH 8, 1973

2423

By deleting the date "December 1, 1972", as same appears on Lines 24 and 27 and inserting in lieu thereof the date "March 8, 1973".

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Bohannon Bostick Bray 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 Dixon Dollar Dorminy Duke Edwards Elliott Ellis

Evans Ezzard Parrar Ployd, J. H. Floyd, L. R. Geisinger Grahl Grantham Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Irvin, J. 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. Lowrey Marcus Mason Mauldin McCracken McDaniell

McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix North cutt Odom Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, L. L. Rainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Tucker Twiggs Waddle Walker Wall Wamble

2424
Wheeler, Bobby Wheeler, J. A. Whitmire

JOURNAL OF THE HOUSE,

Williams Willis Wilson, J. M.

Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Berlin Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Coney
Dean, J. E. Dickey Foster

Fraser Gignilliat Greer Howell Hutchinson Irvin, R.
Lane, W. J. Lewis Logan

Matthews, C. Phillips, G. S. Pinkston Ritchie Shanahan Townsend
Triplett Turner Vaughn

Those not voting were Messrs.:

Blackshear Bond
Brown, B. D. Egan

Hamilton Levitas
Matthews, D. R. Patten, R. L.

Strickland Thomason
Ware 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 140, nays 27.

The amendment was adopted.

Mr. Groover of the 75th asked unanimous consent that the House reconsider its action in adopting the Lee amendment.

The consent was granted and the amendment was reconsidered.

The following amendment was read and adopted:
Mr. Lee of the 114th moves to amend the Committee substitute to HB 78 by deleting the date "December 1, 1972", as same appears on lines 24 and 27 and inserting in lieu thereof the date "March 8, 1973", in Sec tion 22, page 23, wherever same appears.

THURSDAY, MARCH 8, 1973

2425

The following amendment was read:

Mr. Brown of the 89th moves to amend the Committee substitute to HB 78 by adding to subsection (d) of Section 3, page 10, the following:

"Any driver of a motor vehicle which is not insured involved in an accident who does not have a valid policy of liability insurance shall be guilty of a misdemeanor. Proof of ownership of a policy of liability and no-fault insurance shall be given to the tax commis sioner at the time of purchase of a tag. In the event of lapse of a policy the insurer shall notify the Department of Public Safety who is directed to revoke the driving privileges of said operator unless proof can be shown that said person has purchased other insurance or qualifies as a self-insurer pursuant to the provisions 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, G. D. Adams, John Adams, Marvin Alien Atherton Beckham Berlin Brown, S. P. Busbee Carlisle Cole Coleman Coney Connell Davis, E. T. Davis, W. Dean, N. Dent Dickey Dollar Egan Elliott Ezzard Farrar

Ployd, J. H. Floyd, L. R. Gignilliat Harrington Harris, J. F. Harris, J. R. Hawes Horton, W. L. Howard Irvin, J. Irvin, R. Jessup Jones Keyton Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Lowrey Mauldin McDaniell Miles Milford

Those voting in the negative were Messrs.:

Adams, J. H. Alexander, W. H. Alexander, W. M. Bailey

Berry Bohannon Bostick Brantley, H. H.

Nix Noble Odom Oxford Pearce Petro Phillips, G. S. Pinkston Rogers Rush Russell, W. D. Sams Savage Smith, J. R. Smith, V. B. Snow Thompson Toles Turner Walker Willis Wilson, J. M. Wilson, M. L.
Brantley, H. L. Bray Brown, C. Buck

2426
Carr Carrell Castleberry Chance Collins, M. Collins, S. Colwell Daugherty Dean, Gib Dean, J. E. Dixon Dorminy Duke Edwards Ellis Evans Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Hays

JOURNAL OF THE HOUSE,

Hill, G. Horton, G. T. Howell Hudson Hutchinson Irwin, J. E. Johnson Jordan King Knight Kreeger Lambert Lee, W. J. (Bill) Le vitas Lewis Logan Marcus Mason Matthews, C. McCracken McDonald Morgan Moyer Mullinax Murphy Nessmith

Northcutt Patten, G. C. Patterson Peters Phillips, L. L. Rainey Reaves Ritchie Ross Russell, J. Shanahan Stephens Sweat Townsend Tucker Twiggs Vaughn Waddle Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those not voting were Messrs.:

Bennett Blackshear Bond Brown, B. D. Burruss Burton Clark

Harrison Hill, B. L. Matthews, D. R. McKinney Mulherin Patten, R. L.

Roach Shepherd Strickland Thomason Triplett Mr. Speaker

On the adoption of the amendment, the ayes were 71, nays 90.

The amendment was lost.

The previous question was ordered.

Mr. Lambert of the 95th moved that HB 78 and all amendments thereto be recommitted to the Committee on Insurance.

The motion was ruled out of order.

THURSDAY, MARCH 8, 1973

2427

Mr. Cole of the 6th moved that HB 78 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, Marvin Alexander, W. H. Bennett Berlin Berry Brown, S. P. Buck Clark Cole Collins, M. Collins, S. Daugherty Davis, E. T. Dorminy Elliott Evans Floyd, L. R.
Grahl

Groover Harris, J. R. .Hill, G. Howard Hudson Jordan Keyton King Knight Kreeger Lambert Lane, Dick Larsen, W. W. Lee, W. S. McCracken Murphy Nessmith

Nix
Noble Odom Patterson Pearce Rainey Roach Ross Russell, W. D. Smith, J. R. Smith, V. B. Snow Thompson Turner Walker Williams Wilson, M. L.

Those voting in the negative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Alexander, W. M. Alien Atherton Bailey Beckham Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burton Busbee Carlisle Carr Carrell Castleberry Chance Coleman Colwell

Coney Connell Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Dixon Dollar Duke Edwards Egan Ellis Ezzard Farrar Foster Fraser Geisinger Gignilliat Grantham Greer Hamilton Harden Harrington

Harris, J. F. Hawes Hays Horton, G. T. Horton, W. L. Howell Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Levitas Lewis Logan Marcus Mason Matthews, C. Mauldin McDaniell

2428
McDonald McKinney Miles Milford Morgan
Moyer Mulherin
MNourlltihncauxtt Oxford Patten, G. C. Petro
Phillips, G. S. Phillips, L. L.

JOURNAL OF THE HOUSE,

Pinkston Reaves Ritchie Rogers Rush
Russell, J. Sams
SSahvaangaehan Shepherd Stephens Sweat
Toles Townsend

Triplett Tucker Twiggs Vaughn Waddle
Wall Wamble
WWahreeeler, Bobby Wheeler, J. A. Whitmire Wilson, J. M.
Wood

Those not voting were Messrs.:

Blackshear Bond
Burruss Dent Floyd, J. H.

Harrison Hill, B, L.
Lowrey Matthews, D. R. Patten, R. L.

Peters Strickland
Thomason Willis Mr. Speaker

On the motion, the ayes were 52, nays 113.

The motion to table was lost.
The report of the Committee, which was favorable to the passages 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. M. Alien Atherton Bailey Beckham Bennett Blackshear Bostick
Brantley, H. H.

Brantley, H. L. Bray
Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrel!
Cole

Coleman Collins, M.
Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey
Dixon

Dollar Dorminy Duke Edwards Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson

THURSDAY, MARCH 8, 1973

2429

Jones Jordan Keyton Knight Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Oxford Patten, G. C. Patterson Peters Petro Phillips, G. S. Phillips, L. L.

Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Stephens Sweat 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.

Adams, Marvin Alexander, W. H. Berlin Berry Bohannon Bond Buck Castleberry Chance Clark Collins, S.

Daugherty Grahl Harris, J. R. Hill, G. Howard King Kreeger Lambert Larsen, W. W. Lee, W. S. McDaniell

Murphy Nix Odom Pearce Rainey Russell, W. D. Smith, J. R. Smith, V. B. Snow Thompson

Those not voting were Messrs.:

Dent Egan Harrison

Matthews, D. R. Patten, R. L. Strickland

Thomason Mr. Speaker

2430

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 140, nays 32.

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

Mr. Murphy of the 18th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 78, by substitute, as amended.

The Speaker Pro Tern assumed the chair.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 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 Senate 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 certain terms; to create the Georgia Board of Private Detective and Private Security Agencies; to provide for the secretary of such Board; to pro vide 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 qualifica tions; 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 revocation of licenses; to provide for appeals; to provide for exceptions; to provide a penalty; to provide for the application 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:

THURSDAY, MARCH 8, 1973

2431

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:

(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 reference 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 01 any person;

(3) the location, disposition or recovery of lost or stolen prop erty;

(4) the cause or responsibility for fires, libels, losses, accidents, 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 employeremployees relationship 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-

2432

JOURNAL OF THE HOUSE,

tective and Private Security Agencies. The Board shall consist of seven 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 appointees shall be appointed for terms of: three for three years, three 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 governmental law enforcement immediately preceding his appoint ment. Two members shall be engaged solely in employer-employee re lationship, as described in Section 10 of this Act, and shall have at least four years' experience in full-time security work immediately preceding their appointment. One member shall be appointed from the public at large. At the first meeting 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 con ference telephone. The Governor may remove 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 appointment 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 perform ing 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 col lected 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.

THURSDAY, MARCH 8, 1973

2433

Section 4. Licensure and registration of persons employed on the effective date of this Act.--(a) Any person engaged in the private detective or private security business in an individual, self-employed capacity 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 additional information as the Board requires. 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 applica tion. 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 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 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.
(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 em ployer only, shall make a verified application in writing to the JointSecretary 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 conviction of any crime and such additional in formation as the Board requires. Each applicant shall submit with the apjilielftion 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 em ployer 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:

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JOURNAL OF THE HOUSE,

(1) That he is at least 18 years of age.

(2) That he is a citizen of the United States or a registered resident alien.

(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 officer and an adequate training program with a curriculum ap proved 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 pri vate 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' experience as a member of the Federal Bureau of Investigation, or as a member of any state, county or municipal police depart ment, 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, association or partnership shall meet the qualifications set out herein for an individual applicant, and shall be an officer of such corporation, 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, com petency 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 documenta tion 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

THURSDAY, MARCH 8, 1973

2435

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 provisions of this Act. Any person aggrieved by any act of the principal named in such bond in vio'ation of the provisions of this Act may proceed 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 there after 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 business or private security business stated in such application. 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 such 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 or registered resident aliens, 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 investigate the character, competency and integrity of the employee. The application for registration shall

2436

JOURNAL OF THE HOUSE,

be accompanied by two sets of fingerprints 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, present or former drug addict, someone presently in a drug treatment program, 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 application for renewal shall be on a form furnished by the JointSecretary.

(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 Section 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 carry firearms in connection with said employment; provided, how ever, that the names, addresses and birth dates of such temporary employees, 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 designated representative, at least three days prior to the commence ment 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 finan cially 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.

THURSDAY, MARCH 8, 1973

2437

(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 with 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 JointSecretary shall furnish forms for registration and each person so reg istered shall pay an annual registration fee of $7.50. Ne 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 ap plicant 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 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 fingerprint system of identification established by such Department and the finger print 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 Washington 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, revolver or other firearm. However, such firearms shall be limited to a caliber no greater than the standard police .38 handgun or .12 gauge riot type shotgun. No rifle or full automatic weapon shall be approved. 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 received a minimum of four hours classroom instruction and has had a minimum of eight hours instruction on a firearms range and has passed the Standard Practical Pistol Course with a score of at least 60.

2438

JOURNAL OP THE HOUSE,

(c) Any person engaged in the private security business, or reg istered in accordance with the provisions of Section 8, and issued a per mit in accordance with this Section shall be authorized to carry any such firearm in an open and fully exposed manner. Such carrying of a fire arm shall be limited to the time the employee is on duty or while going directly to and from work. No stopover enroute to or from work is per mitted under the terms of this Act.

(d) Personnel designated as "Investigative" by their employer shall submit a request to carry a concealed weapon to the board. The board shall consider and approve each such request on individual merit. When the board approves such an application in accordance with this Section the person named in the application shall be exempt from the provisions of Code Section 26-2901, Code of Georgia of 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.

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 to arrest for a viola tion of the State law, laws of the several states or of the United States when such law violation (misdemeanor or felony) occurs in the presence of the person so covered by this Act. He shall have such powers of arrest only on the aforementioned property where he is employed or while in hot pursuit of persons whom he has observed commit such crime against the State of Georgia, the several states or the United States on said certain property.

Section 14. Suspension or revocation of licenses; appeal.-- (a) The Board may, after hearing, suspend or permanently revoke a license or registration, or refuse to renew a license, 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

THURSDAY, MARCH 8, 1973

2439

turpitude or any other crime involving the illegal use, carrying or possession of a dangerous weapon.

(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 de tective 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;

(12) undertaken to give legal advice or counsel or to in anywise 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 Sec tion 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.

2440

JOURNAL OP THE HOUSE,

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 transacted by them;

(5) a peace officer employed on a full-time basis by a State, county or local law enforcement agency, working during his off-duty hours if such off-duty employment:

(A) would otherwise come under the provisions of this Act, and

(B) is on an independent contractor basis with an employer other than another peace officer or a business covered by the pro visions of this Act;

(6) a firm or its employees engaged in the business of indepen dent insurance claims adjusting, whose employees hold a valid Geor gia Adjuster's License.

(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 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 continu ing 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 ap proval.
Section 19. Repealer.--All laws and parts of laws in conflict with this Act are hereby repealed.

THURSDAY, MARCH 8, 1973

2441

Mr. Lane of the 40th moved that the House agree to the Senate substitute to HB 49.

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 Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Burruss Burton 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 Egan

Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Hudson Hutchinson Irvin, J. 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) Levitas Lewis Logan Lowrey Marcus Mason

Matthews, C. Mauldin McDaniell McKinney
Miles Milford Moyer Mulherin Murphy Nessmith Nix Northcutt Oxford Patten, G. C. Patterson Petro Rainey 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 Town send Triplett Tucker Twiggs Vaughn Waddle Walker Wall Wamble Ware

2442
Wheeler, Bobby Wheeler, J. A. Whitmire

JOURNAL OF THE HOUSE,

Williams Willis

Wilson, M. L. Wood

Those not voting were Messrs.:

Berry
Bond Bray Brown, B. D. Buck Busbee
Cole Colwell Daugherty
Elliott Foster Grahl
Groover

Hill, B. L.
Horton, W. L. Howard Howell Keyton Lee, W. S.
Matthews, D. R. McCracken McDonald
Morgan Mullinax Odom

Patten, R. L.
Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston
Roach Strickland Thomason
Turner Wilson, J. M. Mr. Speaker

Due to mechanical failure, the vote of Mr. Noble of the 48th did not record.

On the motion, the ayes were 142, nays 0.

The motion prevailed, and the Senate substitute to HB 49 was agreed to.

By unanimous consent, the following Resolution of the House was recom mitted to the Committee on Judiciary for further study:

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.

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

HB 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

THURSDAY, MARCH 8, 1973

2443

of the duties of a county surveyor by a registered land surveyor; and for other purposes.

The report of the Committee, which was favorable to the 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 Atherton Bailey Bennett Berlin Berry Bohannon 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. Collins, S. Colwell Coney Connell Daugherty Davis, W.
Dean, Gib Dean, J. B. Dent Dickey Dixon Dollar

Duke Edwards Elliott Ellis Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harrison Hawes Hays Horton, G. T. Howard Howell Hudson Hutchinson Irwin, J. R.
Jessup Johnson Jones
Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K.

Lee, W. S. Lewis Lowrey Marcus Mason Mauldin McDaniell Miles Milford Moyer Mulherin Mullinax Nessmith
Nix Noble Odom Oxford Patterson Pearce Phillips, G. S. Phillips, L. L. Eainey Ritchie Roach Rogers Ross Rush Russell, W. D. Sams Shanahan Shepherd Snow Stephens Sweat Thompson Toles Triplett Tucker Turner Twiggs

2444
Vaughn Waddle Walker Wall Wamble

JOURNAL OF THE HOUSE,

Ware Wheeler, J. A. Whitmire Williams

Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. McKinney.

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Beckham Blackshear Bond Bostick Clark Coleman Davis, E. T. Dean, N. Dorminy Egan Evans Harris, J. R. Hill, B. L.
Hill, G.

Horton, W. L. Irvin, J. Irvin, R. Keyton Larsen, W. W. Lee, W. J. (Bill) Levitas Logan Matthews, C. Matthews, D. R. McCracken McDonald Morgan Murphy Northcutt

Patten, G. C. Patten, R. L. Peters Petro Pinkston Reaves Russell, J. Savage Smith, J. R. Smith, V. B. Strickland Thomason Townsend Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 133, nays 1.

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

HB 784. By Messrs. Howard of the 19th, Pinkston of the 89th, Groover of the 75th and others:
A Bill to be entitled an Act to repeal Chapter 61-4 of the Code; to provide that landlords shall have power to distrain for rents to provide procedure for distress warrant applications; to provide pay ment 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.

The following amendments were read and adopted:
Mr. Howard of the 19th moves to amend HB 784 by adding at the end of line 4, page 7, "This distress warrant may be levied on by any other levying officer of any State or Civil Court created by local act with the levy and sale being done in accordance with such local act."

THURSDAY, MARCH 8, 1973

2445

Mr. Howard of the 19th moves to amend HB 784 by striking the word "allegedly" from line 20, page 4 and substituting therefor the word "admittedly".

Mr. Harris of the 51st moves to amend HB 784 by inserting in proposed Code Section 61-402 on line 5, page 3 after the words "Superior Court" the words "or State Court or other court having jurisdiction over these actions" and

by inserting in proposed Code Section 61-403 on line 10, page 3 after
the words "Superior Court" the words "or State Court of such other court".

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 95, nays 9.

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

By unanimous consent, HB 784, as amended, was ordered immediately trans mitted to the Senate.

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.

The report of the Committee, which was favorable to the 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 Atherton

Bailey Beckham Bennett

2446
Berlin Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. 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, Gib Dean, 3. E. Dean, N. Dent Dixon Dollar Dorminy
Duke Edwards Ellis Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl

JOURNAL OF THE HOUSE,

Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T. Howard Howell
Hudson Hutchinson
Irvin, R. Irwin, J. R. 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 Matthews, C. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin

Mullinax Nessniith
Nix Northcutt Odom Oxford Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers
Ross Rush Russell, J. Russell, W. D.
Sams Shanahan Shepherd Snow Stephens
Sweat 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.:

Adams, Marvin
Alexander, W. H. Blackshear Brown, S. P. Carrell

Dickey
Egan Elliott Evans Ezzard

Greer Hill, B. L.
Hill, G. Horton, W. L.
Irvin, J.

THURSDAY, MARCH 8, 1973

2447

Jessup Lambert Mason Matthews, D. R. Murphy Patten, G. C.

Patten, R. L. Peters Savage Smith, J. R. Smith, V. B.

Strickland Thomason Thompson Townsend 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 148, nays 0.

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

HR 295-1152. By Messrs. Busbee of the 114th, Floyd of the 5th, Lane of the 76th and others:
A Resolution renaming the Patula Creek State Park as the "George T. Bagby State Park"; 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 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 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 Ellis Evans

2448
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. Jessup Johnson Jones Jordan Keyton King Knight Kreeger
Lane, Dick

JOURNAL OF THE HOUSE,

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 McKinney
Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. 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 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.:

Beckham Blackshear Dean, Gib Hill, B. L.

Lambert Matthews, D. R. Murphy Patten, R. L.

Petro Thomason Townsend

On the adoption of the Resolution, the ayes were 169, nays 0.

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

THURSDAY, MARCH 8, 1973

2449

By unanimous consent, HR 295-1152 was ordered immediately transmitted to the Senate.

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.

The report of the Committee, which was favorable to the 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 Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck 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. Dean, N. Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott 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, 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 Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)

2450
Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mullinax Nessmith Nix Noble Northcut Odom

JOURNAL OF THE HOUSE,

Oxford Patten, G. C. Patterson Pearce 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 Sweat Thompson Toles Triplett Tucker Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton Bennett Berlin Bond Brown, S. P. Burruss Dean, Gib Dent Ellis

Ezzard Hill, G. Kreeger Matthews, D. R. McCracken Mulherin Murphy Patten, R. L. Peters

Phillips, G. S. Smith, J. R. Strickland Thomason Townsend Twiggs Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 154, nays 0.

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

HB 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.

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

THURSDAY, MARCH 8, 1973

2451

On 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. Bray Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon 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. Harris, J. R. Harrison Hays Horton, G. T. 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. B. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney

Miles Milford Morgan Moyer Mullinax Nix Northcutt Odom Oxford Patten, G. C. Patterson Pearce Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Tucker Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

2452

JOURNAL OP THE HOUSE,

Voting in the negative were Messrs. Berlin and Colwell.

Those not voting were Messrs.:

Brantley, H. L. Brown, S. P. Coleman Collins, M. Dean, Gib Duke Egan Ezzard Hawes
Hill, B. L.

Hill, G. Irvin, R. Matthews, D. R. McCracken Mulherin Murphy Nessmith Patten, R. L. Peters
Phillips, G. S.

Rogers Savage Smith, J. R. Strickland Thomason Townsend Twiggs 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 148, nays 2.

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 1. By Messrs. Busbee of the 114th, Smith of the 91st, Murphy of the 18th 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.

The following Senate substitute was read:
A BILL
To be entitled an Act to provide, from State appropriations, funds as grants to counties for county roads and maintenance; to provide that such funds shall be used as a credit on certain ad valorem taxes on tangible properties; to classify tangible properties for such purpose; to provide the procedures connected therewith; to provide how this Act shall

THURSDAY, MARCH 8, 1973

2453

remain in force; 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. For the purpose of this Act and pursuant to Article VII, Section I, Paragraph III of the Constitution of Georgia (2-5403) tangible property is hereby classified as follows:

(a) Property which constitutes a homestead as that term is defined by law shall constitute one class;

(b) All other tangible property, other than motor vehicles including trailers, shall constitute another class.

Section 2. Pursuant to the authority granted the General Assembly in Article VII, Section IX, Paragraph I (c) of the Constitution of Georgia (2-6201 (c)) and in order to provide for a more effective man agement and fiscal administration of the State and pursuant to Article VII, Section IX, Paragraph IV (b) of the Constitution of Georgia (2-6^04 (b)), in order to provide funds to counties to aid in the con struction of county roads and maintenance thereof, and in addition to funds provided pursuant to other laws, there shall be allotted to each county annually for county road construction and maintenance an amount equal to $50 multiplied by the average daily attendance in the county, independent and private elementary and secondary school system or sys tems within such county. For the purposes of this Act, average daily at tendance shall mean the number of pupils in average daily attendance for the first four months of the immediately preceding school year. In the event any independent school system lies in more than one county, the basis for allocating such system's average daily attendance between the counties so involved shall be the place of residence of the pupils used in compiling such average daily attendance.

Section 3. The State School Superintendent shall furnish to the ap propriate State fiscal officers a certified listing of the average daily attendance figures for every county in the State. In the event said Super intendent is unable to obtain such figures for any county or counties, no payments under the provisions of this Act shall be made to such county or counties until such average daily attendance figures have been ob tained and certified by said Superintendent.

Section 4. In order to provide better fiscal management, the funds provided pursuant to this Act are intended to be utilized for the relief of ad valorem taxation on tangible property and no county shall be entitled to receive any of the funds provided for in Section 2 of this Act unless and until:

(a) A credit against county ad valorem property taxes for all that tangible property which constitutes the class of "homestead" located within the county shall be granted by the governing authority of the county to each such homestead which shall equal the reduced ad valorem tax liability for such homestead which would have occurred if the ad

2454

JOURNAL OF THE HOUSE,
valorem property tax exemption for such homestead had been increased by $1,000 for the calendar year 1973 and if such increased exemption had remained in effect for each subsequent year thereafter in which this Act shall remain of force and effect; and
(b) If there remains a surplus from the funds allotted to such county by the provisions of this Act after complying with the provisions of (a) above, such remaining funds shall be used for the purpose of crediting pro rata the ad valorem county property taxes on the tangible property described in Section 1 above located within the county by an aggregate which shall equal such remaining funds.
Section 5. The taxing authority of each county receiving funds pur suant hereto shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of credit against county ad valorem taxes which said taxpayer is receiving as a result of the funds herein allocated. The form of such notice shall be as prescribed by the State Revenue Commissioner, who shall determine and certify to the appropriate state fiscal officer the amount of funds to which each county is entitled pursuant to this Act. The determination of the State Revenue Commissioner shall be final, and the appropriate state fiscal officer shall disperse the funds pursuant to such certification.
Section 6. In the event the credit allowable pursuant to Section 4 (a) herein shall be declared invalid or unconstitutional, then a credit shall be made pursuant to Section 4 (b), as to the total funds appropri ated pursuant to this Act.

Section 7. The provisions of this Act shall be repealed on the first day of July of any calendar year in which the General Assembly shall fail to appropriate by line items the funds necessary to provide for the allocations provided for by Section 1 of this Act.

Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Busbee of the 114th moved that the House disagree to the Senate substi tute to HB 1.

The motion prevailed and the Senate substitute to HB 1 was disagreed to.

Mr. Odom of the 114th was given leave of absence from the House for the afternoon portion of today's session because of illness and under the doctor's orders.

THURSDAY, MARCH 8, 1973

2455

Mr. Howard of the 19th arose to a point of personal privilege and addressed the House.

Mr. Larsen of the 27th arose to a point of personal privilege and addressed the House.

Mr. Foster of the 6th arose to a point of personal privilege and addressed the House.

Mr. Connell of the 80th moved that the House do now adjourn until 9:00 o'clock, A.M., tomorrow morning and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 9:00 o'clock, tomorrow morning.

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JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, March 9, 1973

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.

Prayer was offered by Rev. William W. Byington, Pastor, Stone Mountain United Methodist Church, Stone Mountain, 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, Friday, March 9, 1973, and submits the following:

HB

6. Department Public Safety GBI, Widows' Benefits

HB

84. Income Tax, Local Option

FRIDAY, MARCH 9, 1973

2457

HB

164. Insurance, Lending Institutions

HB

166. Ret. System, May Pool Trust Funds for Investments

HB

181. Sunday business, regulate operation

HB

315. School Employees and Retirement Systems

HB

319. Planning Commissions, Create (Reconsidered)

HB

320. County Municipal Planning and Zoning

HB

367. Educational Research Program, Create

HB

382. Interstate Agreement on Detainers

HB

390. Emp. Retirement System, Medical Examination

HB

391. Retirement System, Investments

HB

392. Teachers' Retirement System, Investments

HB

397. Massive Water related rec. events (Reconsidered)

HB

429. Bldg. Adm. Bd., Office of Housing Section

HB

430. Office of Housing Section, Create

HB

439. Cities and Counties, Budget, Audit (Reconsidered)

HB

444. Georgia Animal Importation Act

HB

465. Jury Selection, Number of Strikes

HB

471. Statewide Tele-Communications Systems

HB

504. Hospitals & Institutions, Certificate of Need

HB

576. Real Estate Brokers, Regulate

HB

604. Blind, Disabled, Rights and Responsibilities

HR 157- 631. City of Macon, convey property

HB

698. Disabled Persons, special auto plates

HB

713. Georgia Radiation Control all types included

HB

734. Foreign Judgments, Enforcement of

HB

737. Alcoholic Beverages, retail sale (Reconsidered)

HB

752. Non Resident Motor Vehicle Drivers, License

HB

763. Multiple Prosecutions, same conduct

HR 201- 779. Gwinnett Judicial Circuit, Law Books

HB

801. State and National Financial Institutions, Texas

HR 204- 832. Spalding County, Courts, Surety Bonds

HB

840. St. Bldg. Adm. Bd., State Codes

HB

842. Youthful Offender, Sentencing

HB

871. Alcoholic Bev. & Liquor, license of

2458

JOURNAL OF THE HOUSE,

HB

886. Habeas Corpus Petitions, Criminal Cases

HB

891. Motor Vehicle License Plates, Replacement

HB

899. Bicycles, Laws Regulate Operation of

HB

909. Southern Growth Policies Agreement

HR 232- 930. Congress, Capital Gains Treatment of Timber

HB

931. Malt Beverages Production Quantity

HB

946. Records & Public Documents, Authentication

HB

947. Civil & Criminal Cases, Notice of Appeal

HB

949. Building & Loan Assn., Conduct Business

HB

972. Animal Life, Protection of Rare Specimens (Postponed)

HB

994. Cattle and Swine, Property Taxation

HB 1000. Vital Areas Council, Create

HR 267-1017. Sumter County Courthouse Bell, plaque

HB 1018. Natural Res. & Game & Fish, Policy Function

HB 1028. Unif. Div. of Public Safety, Power of Arrest

HB 1032. Mortgages on personalty, foreclosure

HB 1038. Dead animal removal, highways

HB 1054. Tax Collectors & Tax Commissioners, Salaries

HR 290-1091. Bartow County, convey property

HB 1093. Metropolitan River Protection Act

HB 1115. Employment & Wages, Payment of Wages

HB 1118. Constitutional requirement for Appropriations

HR 293-1118. Education Study Committee

HB 1125. MFPE, Initial Adjustment of Allotments

ALL COMPENSATION RESOLUTIONS

SB

18. Uniform Commercial Code, clearing corporation

SB

29. Supreme & Court of Appeals, Interlocutory Appeals

SB

41. Teachers' Retirement System, retire, disability

SR

50. Baldwin County, Convey Property

SB

72. Ga. Ports Authority, Membership

SB

140. Public Transportation, New Code

FRIDAY, MARCH 9, 1973

SB

203. Fiduciaries, securities depository

SB

285. Ports, seaports, harbors, DOT give aid

2459

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 114th,
Chairman.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the com mittees :
HB 1203. By Mr. Carrell of the 71st: A Bill to be entitled an Act to provide the date for the regular monthly meeting of the board of commissioners of certain counties (population not less than 23,000 nor more than 23,500) ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1204. By Mr. Harrison of the 116th: A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Wayne County, so as to change the compensation of the members of said board; and for other purposes.'
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1205. By Mr. Harrison of the 116th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, 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 1206. By Messrs. Atherton of the 19th, Nix of the 20th, Howard of the 19th, McDaniell and Duke of the 20th and Kreeger of the 21st:
A Bill to be entitled an Act to create the Taxation Study Committee of Cobb County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 1207. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to he entitled an Act to amend an Act incorporating the Town of East Dublin in the County of Laurens, so as to change the provisions relative to the terms of office and the election of the mayor and councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1208. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1209. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Laurens 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 1210. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Laurens County on an annual salary in lieu of fees, 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 1211. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1212. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Laurens County upon an annual salary, so as to change

FRIDAY, MARCH 9, 1973

2461

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 1213. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act creating the State Court of Laurens County, so as to change the provisions relative to the com pensation of the judge and solicitor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1214. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act creating the office of treasurer of Laurens 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 1215. By Mr. Mason of the 59th:
A Bill to be entitled an Act to amend an Act known as the Georgia Re tailers' and Consumers' Sales and Use Tax Act, so as to provide that the taxes imposed by said Act shall be applicable to certain services; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1216. By Mr. Mason of the 59th:
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 change the rate of the tax imposed under said Act; and for other purposes.
Referred to the Committee on Ways and Means.

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

HB 1194. By Mr. Edwards of the 95th:
A Bill to be entitled an Act to amend an Act abolishing the mcrdfe of com pensating the Clerk of the Superior Court of Taylor County, so as to change the salary of said Clerk; and for other purposes.

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JOURNAL OP THE HOUSE,

HB 1195. By Messrs. Wheeler and Grantham of the 127th and Strickland of the 116th:
A Bill to be entitled an Act to amend an Act incorporating the City of Nahunta, so as to change the date of municipal general election; to change the size of the city council; to stagger the terms of office of the mayor and aldermen; and for other purposes.

HB 1196. By Messrs. Burruss of the 21st, Nix of the 20th, Wilson, Howard and Atherton of the 19th, McDaniell of the 20th, Kreeger of the 21st and Duke of the 20th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to change the salary provisions relating to the judges of said court; and for other purposes.

HB 1197. By Messrs. Nix and Duke of the 20th, Kreeger of the 21st, Atherton and Wilson of the 19th and Burruss of the 21st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Cobb County, so as to require certain Cobb County officials to disclose their interest in any real property being proposed for rezoning in Cobb County; and for other purposes.

HR 318-1197. By Messrs. Grantham and Wheeler of the 127th:
A Resolution authorizing the conveyance of certain state-owned real property located in Coffee County; and for other purposes.

HB 1198. By Messrs. Bailey, Johnson and Northcutt of the 68th:
A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale, so as to change the provisions relating to ad valorem taxation; and for other purposes.

HB 1199. By Mr. Harrison of the 116th:
A Bill to be entitled an Act to provide that each member of the Board of county commissioners of certain counties shall receive the sum of $100 per month as compensation for services as a member of such board of commissioner; and for other purposes.

HR 326-1199. By Messrs. Hudson of the 115th and Grantham of the 127th:
A Resolution proposing an amendment to the Constitution so as to pro vide that counties and cities shall not incur any new debt after January 1, 1975, to finance more than fifty per centum of any project or im provement; and for other purposes.

FRIDAY, MARCH 9, 1973

2463

HB 1200. By Mr. Groover of the 75th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Jones County, so as to change the amount of the bond of each of the Commissioners; and for other purposes.

HB 1201. By Messrs. Hudson of the 115th and Fraser of the 117th:
A Bill to be entitled an Act to provide that the State shall pay the costs of incarcerating persons convicted of a felony; to provide for the reim bursement of counties for certain costs incurred in incarcerating and caring for such persons; and for other purposes.

HB 1202. By Messrs. Triplett of the lllth, Gignilliat of the 105th, Jones of the 109th and Alien of the 108th:
A Bill to be entitled an Act to fix the compensation of a certain official in certain counties (population not less than 185,000 nor more than 190,000) ; and for other purposes.

SB 325. By Senator Langford of the 51st:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to provide which prisoners shall be con sidered for relief by the State Board of Pardons and Paroles; and for other purposes.

SB 331. By Senator McDuffie of the 19th:
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 persons requiring a guardian shall have a physician's certificate at tached to the application; and for other purposes.

SB 332. By Senator McDuffie of the 19th:
A Bill to be entitled an Act to amend Code Section 49-706, relating to payments authorized by ordinaries as custodians of minors' or insane persons' monies, so as to provide that the ordinary shall be authorized to pay the funeral and burial expenses of such minors or insane per sons from such funds; and for other purposes.

SB 334. By Senator McDuffie of the 19th:
A Bill to be entitled an Act to amend Code Title 113, relating to wills, descent, and administration of estates, so as to repeal Section 3 of said 1972 Act which amended Code Section 113-1415; and for other purposes.

2464

JOURNAL OF THE HOUSE,

SB 335. By Senators Gillis of the 20th, McDuffie of the 19th and Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act providing for grant assistance to citizens attending independent colleges and universities, so as to state periods during which grants may be paid on behalf of students; and for other purposes.

SB 336. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend an Act known as the "State Ports Authority Act", so as to authorize the Governor, on behalf of the State, to convey certain property to the Georgia Ports Authority subject to the Marshlands Protection Act of 1970, as now or hereinafter amended; 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 and Resolution of the House and has instructed me to report same back to the House with the following recommendations:

HR 317-1189. Do Pass.

HB

91. Do Pass.

HB 1181. Do Pass.

Respectfully submitted, Kreeger of the 21st, 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 and Resolution of the House and Senate and has instructed me to report same back to the House with the following recommendations:
SB 304. Do Pass. SB 305. Do Pass. HB 817. Do Pass. HB 1064. Do Pass, as Amended.

FRIDAY, MARCH 9, 1973

2465

HB 918. Do Pass. HR 251. Do Pass. HB 451. Do Pass, by Substitute.
Respectfully submitted, Brown of the 67th, Chairman.

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

HB 898. Do Pass. SB 119. Do Pass.

Respectfully submitted, Moyer of the 97th, Secretary.

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 Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 142. 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

2466

JOURNAL OF THE HOUSE,

of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1112. Do Pass. SB 23. Do Pass. SB 236. 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 Senate and has instructed me to report same back to the House with the following recommendations:
SB 196. Do Pass. SB 289. Do Pass.
Respectfully submitted, Smith of the 74th, 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:
SB 136. Do Pass, by Substitute. HB 327. Do Pass.
Respectfully submitted, Buck of the 87th, Chairman.

FRIDAY, MARCH 9, 1973

2467

Mr. Busbee of the 114th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 933. Do Pass.
HB 1192. Do Pass.
Respectfully submitted,
Busbee of the 114th, 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 Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 646. Do Pass. SB 241. Do Pass. SB 159. Do Pass. SB 154. Do Pass. SB 307. Do Pass. HB 1120. Do Pass, by Substitute. SB 310. Do Pass. SB 265. Do Pass, by Substitute.
Respectfully submitted, Roach of the 8th, 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-

2468

JOURNAL OF THE HOUSE,

tion the following Bills and Resolutions of the House and Senate and has in structed me to report the same back to the House the the following recommenda
tions :

HB

982. Do Pass, as Amended.

SR

81. Do Pass, by Substitute.

SB

336. Do Pass, as Amended.

SR

111. Do Pass.

HR 268-1017. Do Pass.

HR 318-1197. Do Pass.

Respectfully submitted, Colwell of the 4th

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 446. Do Pass. HB 988. Do Pass, by Substitute. HB 1023. Do Pass, by Substitute. HB 1025. Do Pass. HB 1059. Do Pass, as Amended. HB 1066. Do Pass, as Amended. HB 1138. Do Pass. HB 1139. Do Pass. HB 1140. Do Pass. HB 1141. Do Pass. HB 1142. Do Pass. HB 1143. Do Pass. HB 1144. Do Pass. HB 1145. Do Pass. HB 1146. Do Pass.

FRIDAY, MARCH 9, 1973

2469

HB 1147. Do Pass. HB 1150. Do Pass, as Amended. HB 1151. Do Pass. HB 1152. Do Pass. HB 1154. Do Pass. HB 1155. Do Pass. HB 1156. Do Pass. HB 1157. Do Pass. HB 1158. Do Pass. HB 1159. Do Pass. HB 1161. Do Pass. HB 1164. Do Pass. HB 1165. Do Pass. HB 1167. Do Pass. HB 1168. Do Pass. HB 1169. Do Pass. HB 1183. Do Pass.
Respectfully submitted, Levitas of the 50th, Chairman.

By unanimous consent, the following1 Bills of the House were taken up for consideration and read the third time:

HB 988. By Messrs. Kreeger of the 21st, 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 Kennesaw, as amended; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a new charter for the city of Kennesaw, Georgia, approved April 10, 1971 (Ga. Laws 1971, p. 3620), as amended, so as to change the corporate limits of said City; to provide for the date and manner in which the City budget is

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JOURNAL OF THE HOUSE,
to be adopted for each fiscal year; to provide a manner in which or dinances shall be adopted; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a new charter for the City of Kennesaw, Georgia, approved April 10, 1971 (Ga. Laws 1971, p. 3620), as amended, is hereby amended by striking Section 2,12 in its entirety and inserting in lieu thereof a new Section 2.12 to read as follows:
"Section 2.12. Ordinances. No ordinance shall be approved until it shall have been read at a regular public meeting of the Mayor and City Council of the City of Kennesaw, Georgia."
Section 2. Said Act is further amended by striking Section 4.03 in its entirety and inserting in lieu thereof a new Section 4.03 to read as follows:
"Section 4.03. Action by Council on Budget. Before January 31st of the current fiscal year, the council shall adopt an appropriate ordinance based on the mayor's budget, with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office, and agency unless otherwise directed by the council. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety or general welfare of the inhabitants of the city; provided the council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropria tion ordinance before January 31, of the current fiscal year, the appropriations for the last fiscal year shall become the appropria tions for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose."
Section 3. Said Act is further amended by adding at the end of Section 1.02, a new paragraph to read as follows:
"The corporate limits of the City of Kennesaw shall also include all that tract or parcel of land lying and being in Land Lot 167 of the 20th District, 2nd Section, Cobb County, Georgia, described as:
Beginning at an iron pin located at the intersection of the southeasterly side of Kennesaw--Due West Road and the north easterly side of U.S. Highway #41; running thence north 26 de grees and 24 minutes east along the southeasterly side of Kennesaw-- Due West Road a distance of 185 feet to an iron pin; running thence south 61 degrees and 12 minutes east a distance of 225 feet to an iron pin; running thence south 29 degrees and 28 minutes west a distance of 253.6 feet to an iron pin located on the north easterly side of U.S. Highway #41; running thence north 43 degrees

FRIDAY, MARCH 9, 1973

2471

and 26 minutes west along the northeasterly side of U.S. Highway #41 a distance of 225 feet to an iron pin located on the southeasterly side of Kennesaw--Due West Road at the point of beginning and being made in accordance with a plat of survey made by Donald W. Harkelroad, Surveyor, dated December 13, 1968, revised July 14, 1969."

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 111, nays 0.

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

HB 1023. By Messrs. Sams of the 83rd, Beckham of the 82nd, Miles of the 79th and others:
A Bill to provide for the salary of the judges of the State Courts in certain counties; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for the appointment of an associate judge for the State Courts in 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; to provide for the appointment of probation officers for such courts; to provide for an additional secretary for such courts; to provide for salaries for certain officers and employees of such courts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. In all counties of this State having a population of not less than 145,000 nor more than 165,000 according to the United States Decennial Census of 1970, or any future such census, there is hereby created the position of associate judge of the State Court. Judge Jack McGahee is hereby appointed as associate judge of the State Court in such counties. The associate judge of the State Court in such counties shall serve as a judge of the State Court when requested to serve by the

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JOURNAL OF THE HOUSE,

judge of the State Court or by the solicitor of the State Court when the judge is incapacitated. The associate judge of the State Court in such counties shall be compensated in the amount of $50.00 per day for each day he serves.

Section 2. In all counties in this State having a population of not less than 145,000 nor more than 165,000 according to the 1970 United States Decennial Census, or any future such census, there is hereby created the position of chief probation officer and of two assistant probation officers, who shall have supervision and oversight of criminal probationers in the State Court of such counties. It shall be the duty of the judge of the State Court of such counties to appoint such person or persons who are best qualified to perform the duties of said probation officers to serve at the pleasure of the court, and to fix the salaries of the assistant probation officers which shall be paid out of the county treasury as a part of the court expenses. The judge of the State Court of such counties shall require appropriate bonds from the probation officers. The cost of such bonds shall be paid out of the county treasury.

Section 3. In all counties of this State having a population of not less than 145,000 nor more than 165,000 according to the United States Decennial Census of 1970, or any future such census, there is hereby created an additional secretary position for the solicitor's office of the State Court of such counties. The additional secretary for the solicitor of the State Court of such counties shall be paid a salary fixed by the solicitor of not less than $350.00 nor more than $375.00 per month from the county treasury.

Section 4. Notwithstanding any other provision of law to the con trary, in all counties in this State having a population of not less than 145,000 nor more than 165,000 according to the 1970 United States Decennial Census, or any future such census, the following officers and employees shall receive the following annual salaries:

(a) Judge of the State Court . .... ......

__ $17,250.00

(b) Solicitor of the State Court ...... ... ......... ........ ..... $13,500.00

(c) Asst. Solicitor of the State Court ...... ......... ......... .. ....$ 7,500.00

(d) Chief Probation Officer ............_......_................................$ 8,964.00

Section 5. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 111, nays 0.

FRIDAY, MARCH 9, 1973

2473

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

HB 1150. By Messrs. Bennett and Patten of the 124th: A Bill to amend the several Acts incorporating the City of Twin Lakes; and for other purposes.
The following1 Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 1150 as follows:
By striking from Section 1 in line 17 of page 2, the following: "continue to be",
and substituting in lieu thereof, the following: "be and it is hereby established as and shall be",
By striking from Section 1 in line 19 of page 2, the following: "continue to be",
and substituting in lieu thereof, the following: "be",
By striking from Section 1 in line 20 of page 2, the following: "of the property and",
By striking from Section 1 in line 21 of page 2, the following: "the",
and substituting in lieu thereof, the following: "a municipal",
By striking from Section 15 in line 25 of page 9, the following: "of",
and substituting in lieu thereof, the following:

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

2474

JOURNAL OP THE HOUSE,

On the passage of the Bill, as amended, the ayes 111, nays 0.

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

HB 1059. By Messrs. Miles of the 79th, Beckham of the 82nd, Connell of the 80th and others:
A Bill to provide certain homestead exemptions for each resident of Richmond County over 62 years of age; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 1059 as follows:
By inserting in lines 2 and 13 of page 1, between the words "its" and "value", the word "assessed".
The report of the Committee which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 111, nays 0,
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1066. By Messrs. Matthews, Logan and Russell of the 62nd: A Bill to authorize certain counties and municipalities to provide for the centralization of their governmental facilities; and for other pur poses.
The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 1066 as follows:
By striking the first sentence of Section 1 in its entirety and in serting in lieu thereof a new first sentence to read as follows:

FRIDAY, MARCH 9, 1973

2475

"In all counties of this State having a population of not less than 63,000 and not more than 72,000 according to the United States decennial census of 1970 or any future such census and all municipalities and other political subdivisions located wholly or partially within such counties, are hereby authorized to jointly provide for the centralization of their governmental facilities and operations."

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

On the passage of the Bill, as amended, the ayes were 111, nays 0.

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

HB 446. By Messrs. Larsen of the 27th and Stephens of the 37th:
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 right-of-way under the mapped streets 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 111, nays 0.

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

HB 1025. By Messrs. Cole and Foster of the 6th, Shanahan of the 7th and Turner of the 3rd:
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.

The report 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.

2476

JOURNAL OP THE HOUSE,

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

HB 1138. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to fix the compensation for coroners in certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

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

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

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1140. By Mr. Tucker of the 69th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Henry County, as amended, so as to change the expense allowance of the Chairman and other 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 111, nays 0.

FRIDAY, MARCH 9, 1973

2477

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

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, as amended, so as to create a recorder'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 111, nays 0.

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

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, 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 111, nays 0.

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

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, as amended, so as to change the amount of the 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 111, nays 0.

2478

JOURNAL OF THE HOUSE,

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

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.

The report 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 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, as amended, so as to change the com pensation 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 111, nays 0.

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

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, as amended, so as to change the compensation and expense allowance of the Commissioner; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.

FRIDAY, MARCH 9, 1973

2479

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

HB 1147. By Mr. Howell of the 118th:
A Bill to be entitled an Act to amend an Act providing for the compensa tion of the Sheriff of Miller County, so as to change the provisions relative to the sheriffs deputies, feeding prisoners and operating ex penses; and for other purposes.

The report 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 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 Green County; to provide for the practices and procedures in connection with the foregoing; to provide for the appointment of the County School Superintendent of Greene County; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

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; to provide for definitions; and for other purposes.
The report 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.

2480

JOURNAL OF THE HOUSE,

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

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

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

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1155. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to amend an Act placing the clerk of the superior court of Pulaski County on a salary basis, so as to change the compensation of the clerk 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1156. By Messrs. Jessup, Coleman and Larsen of the 102nd: A Bill to amend an Act placing the ordinary of Pulaski 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 9, 1973

2481

HB 1157. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to amend an Act creating the office of tax commissioner of Pulaski 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 111, nays 0.

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

HB 1158. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to amend an Act creating the office of tax commissioner of Bleckley County, as amended, so as to provide that the clerks of the tax commissioner may receive the same 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 111, nays 0.

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

HB 1159. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to amend an Act creating a new charter for the City of Cochran, as amended, 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 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

2482

JOURNAL OP THE HOUSE,

HB 1161. By Messrs. Strickland and Harrison of the 116th:
A Bill to amend an Act changing the charter of the City of Patterson, so as to change the name 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 111, nays 0.

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

HB 1164. By Mr. Oxford of the 101st:
A Bill 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.

The report 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 1165. By Messrs. Dean of the 60th, Mason of the 59th and Wall of the 61st:
A Bill to amend an Act establishing the State Court of Gwinnett County, as amended, so as to provide that the jury for the trial of all civil and criminal cases tried in the State Court thereof shall be com posed of six 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 111, nays 0.

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

FRIDAY, MARCH 9, 1973

2483

HB 1167. By Messrs. Strickland and Harrison of the 116th:
A Bill to provide for a supplemental salary of the Ordinary of Appling 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 111, nays 0.

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

HB 1168. By Messrs. Strickland and Harrison of the 116th: A Bill to amend an Act creating the Board of Commissioners of Appling County, as amended, so as to change the compensation of the com missioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1169. By Messrs. Strickland and Harrison of the 116th:
A Bill to change the compensation of the members of the Board of Education of Appling 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 111, nays 0.

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

2484

JOURNAL OP THE HOUSE,

HB 1183. By Messrs. Greer and Hawes of the 43rd, Mrs. Hamilton of the 31st and others:
A Bill to fix the salaries of the certain judges of certain courts within 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 111, 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 67. By Senator Lester of the 23rd:
A Bill to provide for the inclusion of the Judge of the State Court within the definition of "permanent employee" within the meaning of the pension or retirement laws existing in certain counties under cer tain conditions.

SB 99. By Senator Lester of the 23rd:
A Bill to amend an Act providing the procedures whereby a Judge of the State Court of certain counties shall be eligible to become a Judge Emeritus of such Court, so as to provide that Social Security benefits shall not reduce the compensation payable to any Judge Emeritus under the provision of this Act.

SB 178. By Senator Lester of the 23rd:
A Bill to amend an Act authorizing counties to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties, so as to authorize the Board to appoint a librarian and fix the compensation.

FRIDAY, MARCH 9, 1973

2485

SB 261. By Senator Stephens of the 36th:
A Bill to amend an Act establishing a new Charter for the City of Atlanta.

SB 361. By Senator McGill of the 24th:
A Bill to create a new charter for the City of Lexington; to prescribe the corporate limits of said City.

SB 364. By Senator Tysinger of the 41st:
A Bill to amend an Act changing the compensation of the judges of the juvenile courts in certain counties, so as to change the compensation of said judges.

SB 95. By Senator Stephens of the 36th:
A Bill to amend an Act providing for the protection of pension rights of employees of certain cities and counties, so as to authorize and direct all officers and employees of any pension fund affected by said Act to make disbursements necessary to accomplish the purpose of said Act.

HB 485. By Mr. Jordan of the 58th:
A Bill 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 municipality in the capacity of a fireman, to be on duty for more than 56 hours per week.

HB 574. By Messrs. Wilson of the 19th, Nix of the 20th, Kreeger of the 21st and others:
A Bill 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 exemp tion from all ad valorem taxation for educational purposes levied for and in behalf of such school system.

HB 575. By Messrs. Wilson of the 19th, Nix of the 20th, Kreeger of the 21st and others:
A Bill to provide that the homestead of each resident 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.

2486

JOURNAL OF THE HOUSE,

HB 585. By Messrs. Williams, Wood and Whitmire of the 9th:
A Bill to amend Code Section 92-4004, relating to the requirement that municipal tax assessing authorities use the county assessment on prop erty which is subject to both municipal and county and ad valorem taxation, so as to exempt certain municipalities from the provisions of said Code Section.

HB 586. By Messrs. Williams, Wood and Whitmire of the 9th:
A Bill to amend Code Section 92-4004, relating to the use of fair market value as determined for county and ad valorem tax purposes by municipal tax assessors, so as to provide for additional exceptions.

HB 587. By Messrs. Williams, Wood and Whitmire of the 9th:
A Bill to amend Code Section 92-4004, relating to the requirement that municipal tax assessing authorities use the county assessment on prop erty which is subject to both municipal and county ad valorm taxation, so as to exempt certain municipalities from the provisions of said Code Section.

HB 758. By Mr. Castleberry of the 96th:
A Bill to amend an Act creating the office of county treasurer for the County of Webster, so as to change the compensation of the treasurer.

HB 759. By Mr. Castleberry of the 96th: A Bill to amend an Act creating the office of county tax commissioner of Webster County, so as to change the compensation of the tax com missioner.
HB 760. By Mr. Castleberry of the 96th: A Bill 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.
HB 761. By Mr. Castleberry of the 96th: A Bill to amend an Act creating the office of Commissioner of Webster County, so as to change the compensation of the Commissioner.
HB 825. By Messrs. Patten, Bennett and Reaves of the 124th: A Bill to amend an Act placing the Sheriff of Lanier County on an annual salary so as to change the compensation of the sheriff, his deputy, and his secretary.

FRIDAY, MARCH 9, 1973

2487

HB 687. By Mr. Phillips of the 103rd:
A Bill to amend an Act incorporating the City of Alley in Montgomery County, so as to change the corporate limits of said city.

HB 712. By Mr. Carr of the 90th:
A Bill to amend an Act creating a new charter for the City of Wrightsville, so as to raise the limit of funds imposed by the mayor's court.

HB 741. By Mr. Dixon of the 126th:
A Bill to amend an Act changing the compensation 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.

HB 836. By Mr. Grahl of the 88th:
A Bill 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.

HB 851. By Messrs. Rainey of the 115th, Jessup of the 102nd, Dorminy of the 115th, and others:
A Bill 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.

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.

HB 920. By Messrs. McCracken of the 77th and Phillips of the 73rd:
A Bill to amend an Act placing the county officers of McDuffie County upon an annual salary, so as to provide for additional deputy sheriffs and their compensation.
HB 930. By Mr. Shanahan of the 7th:
A Bill 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 compensa tion to be received by such officers.

2488

JOURNAL OF THE HOUSE,

HB 934. By Messrs. Russell, Logan and Matthews of the 62nd and others:
A Bill to amend an Act creating a Board of Commissioners for Barrow County, so as to repeal certain provisions relative to dereliction of duty and removal of commissioners from office.

HB 826. By Messrs. Patten, Bennett and Reaves of the 124th: A Bill to amend an Act creating the office of tax commissioner of Lanier County so as to change the compensation of the tax commis sioner; to provide compensation for any additional clerical help.
HB 827. By Messrs. Patten, Bennett and Reaves of the 124th: A Bill 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.
HB 828. By Messrs. Patten, Bennett and Reaves of the 124th: A Bill to amend an Act providing for the compensation of the Lanier County Attorney, so as to change the compensation of the Lanier County attorney.
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 and providing in lieu thereof an annual salary, so as to change the compensation of the clerk.

HB 835. By Mr. Grahl of the 88th:
A Bill 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.

HB 838. By Mr. Dixon of the 126th:
A Bill 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.

HB 874. By Messrs. Waddle of the 98th and Moyer of the 99th:
A Bill 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.

FRIDAY, MARCH 9, 1973

2489

HB 882. By Messrs. Adams and Smith of the 74th:
A Bill to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city and to describe new territory to become a part of the said city.

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 in lieu of fees, so as to change the provisions relative to the compensa tion of the deputies and clerical assistants of said officers.

HB 908. By Mr. Grahl of the 88th:
A Bill to amend an Act creating a new charter for the City of Port Valley, so as to change the provisions relative to the chairman and members of the utilities commission.

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

HB 932. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill to amend "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof" so as to redefine the corpo rate limits of the City of Athens.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 552. By Mr. Vaughn of the 57th: A Bill 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.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:
SR 168. By Senator Bell of the 5th: A Resolution commending and congratulating the seventeen Certified Municipal Clerks; commending the Georgia Municipal Association, the

2490

JOURNAL OF THE HOUSE,
Georgia Municipal Clerks and Finance Officers, and the University of Georgia's Institute of Government and Center for Continuing Education.

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

SB 168. By Senator London of the 50th:
A Bill to amend an Act authorizing the Department of Transportation to acquire rights-of-way and easements for the construction of Federal parkways, as amended, so as to provide a declaration of policy.

SB 202. By Senator Kidd of the 25th:
A Bill to authorize the State or any political subdivision to defer with the consent of an employee, an employee's compensation.

SB 230. By Senator London of the 50th:
A Bill to repeal an Act creating the North Georgia Mountains Author ity; to abolish the North Georgia Mountains Authority.

HB 415. By Messrs. Brown of the 67th, and Lowrey of the 15th: A Bill to create the Georgia State Board of Barbers.

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

SB 308. By Senator Brown of the 47th:
A Bill to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty, so as to change the definition of the term "private passenger automobile".

SB 309. By Senator Fincher of the 54th:
A Bill to provide for the administration of anesthesia by certified registered nurse anesthetists.

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

FRIDAY, MARCH 9, 1973

2491

IIR 299. By Messrs. Marcus of the 26th; and Levitas of the 50th:
A Resolution designating the Atlanta Ballet as the State Ballet Com pany.

SR 138. By Senator Hudgins of the 15th:
A Resolution authorizing and directing the State Department of Trans portation to erect and maintain certain directional signs.

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

SB 288. Senator Coverdell of the 40th:
A Bill to amend an Act classifying property for taxation and levying taxes on certain classes of intangible personal property, so as to provide that nothing in said Act shall be construed to require any person whose intangible tax would be less than a certain amount to file an intangible tax return.

SB 339. By Senator Coggin of the 35th:
A Bill to amend Code section 22-903, relating to class voting by the holders of the outstanding shares of a class of stock on amendments to articles of incorporation of a corporation.

SB 367. By Senator Johnson of the 38th:
A Bill to amend Code Section 9-105, relating to the appointment of bar examiners by the Supreme Court, so as to change the provisions relat ing to the number of examiners.

SB 369. By Senator Herndon of the 10th:
A Bill to amend an Act providing that a trust shall be executory and the legal estate shall remain in the trustee, whether or not the benefi ciaries are sui juris and whether or not any remainder interest be created, so as to provide that a trust deemed executory by that statute may not be revoked or terminated in whole or in part if it is other wise irrevocable.

SB 370. By Senator Coggin of the 35th:
A Bill to provide for the incorporation by reference of various fiduciary powers into wills, trust, or other instruments in writing.

2492

JOURNAL OF THE HOUSE,

SB 371. By Senator Cox of the 21st:
A Bill to amend Code Section 26-2907, relating to exemptions for crimes involving dangerous instrumentalities and practices, so as to provide an exemption for persons who are authorized to possess weapons because of registration in accordance with the dictates of the National Firearms Act, as amended.

SB 372. By Senator Cox of the 21st:
A Bill to amend an Act known as the "Georgia Firearms and Weapons Act", so as to include the 1968 amendment to the National Firearms Act in the provisions relating to exceptions.

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

HB 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.

The following amendment was read and adopted:
Mr. Collins of the 45th moves to amend HB 931 by striking the word "person" in line 20 and substituting in lieu thereof "head of a household".

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, J. Adams, M. 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, C. Brown, S. P. Buck Burton

Busbee Carlisle Carr Clark Cole Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, N. Dent Dickey Dollar Egan Elliott Evans Ezzard Farrar Floyd, L. R. Fraser Grantham Greer Harden Harris, J. R. Hays

FRIDAY, MARCH 9, 1973
Hill, B. L. Hill, G. Horton, W. L. Howell Hudson Irvin Keyton King Knight Kreeger Lane, W. J. Larsen, G. K. Lee, W. J. Lee, W. S. Lowrey Marcus Matthews, C. Matthews, D. R. McKinney Miles Mulherin Mullinax Nessmith Noble Northcutt Odom Oxford Patten, G. C.

Patten, R. L. Pearce Petro Phillips, L. L. Pinkston Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Snow Thompson
Toles Townsend Tucker Twiggs Vaughn Wamble Ware Wheeler, J. A.
Willis Wilson, M. L.

2493

Those voting in the negative were Messrs.:

Adams, G. D. Bohannon Castleberry Dean, G. Duke Edwards Foster Harrington

Harris, J. F. Johnson
Jordan Lane, D. Mason Mauldin Milford Nix

Patterson Rainey Walker Wall Whitmire Williams Wood

Those not voting were Messrs.:

Alien Atherton Burruss Carrell Chance Coleman Daugherty Dean, J. E. Dixon Dorminy Ellis

Floyd, J. H. Geisinger Gignilliat Grahl Groover Hamilton Harrison Hawes Horton, G. T. Howard Hutchinson

Irvin,R. Irwin, J. R. Jessup Jones Lambert Larsen, W. W. Le vitas Lewis Logan McCracken McDaniell

2494
McDonald Morgan Moyer Murphy Peters Phillips, G. S. Ritchie

JOURNAL OP THE HOUSE,

Smith, J. R. Smith, V. B. Stephens Strickland Sweat Thomason Triplett

Turner Waddle Wheeler, B. Wilson, J. M. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 105, nays 23.

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

Mr. Matthews of the 122nd stated that his machine had inadvertently been voted "aye" on the passage of HB 931, as amended, and he wished to be recorded as voting "nay" thereon.

HB 1038. By Messrs. Toles of the 16th, Lowrey of the 15th, Adams of the 14th and Alien of the 108th:
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 Division 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.

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

On the passage of the Bill, the ayes were 136, nays 0.

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

By unanimous consent, HB 1038 was ordered immediately transmitted to the Senate.

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 not to exceed $5.00; and for other purposes.

FRIDAY, MARCH 9, 1973

2495

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

On the passage of the Bill, the ayes were 132, nays 0.

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

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.
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 136, nays 0.

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

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 sup ported schools, so as to reduce the number of years which a member must have in order to be retired by the board of trustees on disability; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act entitled "An Act to provide certain minimum standards prerequisite to the original incorporation of a municipality; to repeal conflicting laws; and for other purposes.", approved April 2, 1963 (Ga. Laws 1963, p. 251), as amended, so as to provide that the provisions of this Act shall be suspended during 1973 in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

2496

JOURNAL OF THE HOUSE,

Section 1. An Act entitled "An Act to provide certain minimum standards prerequisite to the original incorporation of a municipality; to repeal conflicting laws; and for other purposes.", approved April 2, 1963 (Ga. Laws 1963, p. 251), as amended, is hereby amended by adding a new section, immediately following Section 5, to be designated Section 5A, to read as follows:

"Section 5A. Any other provisions of this Act to the contrary notwithstanding, the provisions of this Act shall not apply during 1973 in counties having a population of more than 11,450 and less than 11,550 as disclosed by the United States Census of 1970, or any subsequent Census, where there is no incorporated municipality with a population of over 1,000 according to the United States Census immediately preceding the time of application for a municipal charter and where the proposed corporate boundary is more than two miles distant from the corporate boundary of my existing municipality in the State of Georgia."

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 137, nays 0.

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

By unanimous consent, SB 41, by substitute, was ordered immediately trans mitted to the Senate.

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 otherwise physically disabled; and for other purposes.
The following Committee amendment was read and adopted:

FRIDAY, MARCH 9, 1973

2497

Committee on Human Relations moves to amend HB 604 as follows:

Section 6, page 3, lines 24 and 25:

In Line 24 strike all words beginning with the third on the line, "intersection" through the fourth word on Line 25, "cross". The two lines should read "approaching the pedestrain in a manner so that the vehicle shall cross the path taken or to be taken by the pedestrian, shall bring his vehicle to a full". . .

Page 4, Line 17; Section 9.

Change the word "shall" to "may" so that the line reads "Each year, the Governor may take". .......

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 146, nays 0.

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

By unanimous consent, HB 604, as amended, was ordered immediately trans mitted to the Senate.

HR 232-930. By Messrs. Adams of the 84th, Brantley of the 92nd, Morgan of the 70th and others:
A Resolution petitioning the Congress of the United States to preserve the capital gains treatment of timber; 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

2498
Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Elliott Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster

JOURNAL OF THE HOUSE,

Fraser Geisinger Gignilliat Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, W. L. Howard Howell Hudson Hutchinson Johnson Jones King 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 Morgan Mulherin Mullinax Nessmith

Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Pearce Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, W. D.
Savage Shanahan Shepherd Snow Stephens Sweat Thompson Toles Townsend Triplett Tucker Turner Vaughn Walker Wall Wamble Ware Wheeler, Bobby Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. McDaniell

Those not voting were Messrs.:

Alexander, W. H. Beckham Berlin Bond Bray Brown, B. D. Burruss

Colwell Coney Daugherty Egan Ellis Grab! Hamilton

Hill, B. L. Horton, G. T. Irvin, J. Irvin, R. Irwin, J. R. Jessup Jordan

Keyton Knight Levitas Lewis Logan McCracken McKinney Miles Milford

FRIDAY, MARCH 9, 1973
Moyer Murphy Patten, G. C. Peters Petro Phillips, L. L. Russell, J. Sams Smith, J. R.

Smith, V. B. Strickland Thomason Twiggs Waddle Wheeler, J. A. Williams Mr. Speaker

2499

On the adoption of the Resolution, the ayes were 132, nays 1.

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

By unanimous consent, HR 232-930 was ordered immediately transmitted to the Senate.

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.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bailey Bennett Berlin Berry Blackshear Bond Bostick

Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr Carrell Chance Clark

Cole Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey

2500
Dixon Dollar Dorminy Duke Egan Elliott Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Grantham Greer Groover Hamilton 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. Irvin, R. Irwin, J. R. Johnson Jones

JOURNAL OF THE HOUSE,

Jordan King Knight Kreeger 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 McDonald McKinney Miles Milford Morgan Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, G. S.

Phillips, L. L. Rainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Savage Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.

Bohannon

Castleberry

Edwards

Those not voting were Messrs.:

Adams, J. H. Alexander, W. H. Beckham Bray Brown, S. P. Coleman Dean, Gib Ellis Evans Foster Gignilliat Grahl Hawes

Hill, G. Jessup Keyton Larsen, W. W. Levitas Lewis Mason McCracken McDaniell Mover Murphy Peters

Petro Pinkston Ritchie Sams Smith, J. R. Strickland Thomason Townsend Vaughn Wheeler, Bobby Wilson, M. L. Mr. Speaker

FRIDAY, MARCH 9, 1973

2501

On the passage of the Bill, the ayes were 140, nays 3.

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

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.

The following amendment was read and adopted:
Mr. Groover of the 75th moves to amend HB 734 by adding to Section 9 a subsection to read as follows: "(f) To any judgment rendered prior to the effective date of this Act."

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

On the passage of the Bill, as amended, the ayes were 131, nays 0.

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

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.

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 150, nays 0.

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

2502

JOURNAL OF THE HOUSE,

By unanimous consent, HR 157-631 was ordered immediately transmitted to the Senate.

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 be known as the Georgia Animal Importa tion Act; and for other purposes.

The following amendments were read and adopted:
Mr. King of the 85th moves to amend HB 444 by adding on page 2, line 18 after "(reptiles)," "walking catfish,".
Mr. Groover of the 75th moves to amend HB 444 by adding in Sec tion 2, line 26, after the word "any" the word "wild".

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

On the passage of the Bill, as amended, the ayes were 104, nays 0.

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

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.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that the board of trustees or di rectors of any two or more retirement systems, by mutual consent, may pool their trust funds for investment purposes; to provide for the ac counting of such funds; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

FRIDAY, MARCH 9, 1973

2503

Section 1. The board of trustees or directors, by whatever name known, of any two or more retirement systems, pursuant to the mutual consent of such boards, may pool their trust funds for the purposes of joint investment. When such pooling occurs, the board of trustees of the managing retirement system shall account for the pooled trust funds in accordance with generally accepted principles of accounting in order to maintain separate accountability of such funds while under its manage ment. In the event that the trust funds of a retirement system are pooled for investment purposes with one or more retirement systems, the pooled trust funds may be invested in accordance with those provisions of law governing the State Employees' Retirement System notwithstand ing any other provisions of law to the contrary. Provided? however, noth ing in this Act shall establish a legal provision for combining the Em ployees' Retirement System with the Teachers' Retirement System.

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 94, nays 0.

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

By unanimous consent, HB 166, by substitute, was ordered immediately trans mitted to the Senate.

HB 1018. By Messrs. Dollar of the 63rd, Kreeger of the 21st, Noble of the 48th and others:
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.

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

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

2504

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 Berlin
Berry Bohannon Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee Carlisle Castleberry Clark
Cole
Coleman Collins, M. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Egan Floyd, J. H. Foster Fraser Geisinger Gignilliat Grantham

Greer Groover 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 Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Matthews, C. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax

Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patterson Pearce Petro Phillips, L. L. Reaves Ritchie Roach Rogers Ross Rush Russell, J. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Tucker Turner Vaughn
Waddle Walker Wall Ware Wheeler, Bobby Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. Twiggs.

Those not voting were Messrs.:

Beckham Bennett Blackshear

Bond Bostick Bray

Brown, S. P. Burton Carr

Carrell Chance Collins, S. Colwell Dean, Gib Dean, J. E. Dickey Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Grahl

FRIDAY, MARCH 9, 1973

2505

Hamilton Hawes Hill, G. Horton, W. L. Keyton Lambert Levitas Mason Matthews, D. R. McCracken McDonald Murphy Noble Patten, R. L.

Peters Phillips, G. S. Pinkston Rainey Russell, J. Russell, W. D. Sams Thomason Triplett Wamble Wheeler, J. A. Willis Mr. Speaker

On the passage of the Bill, the ayes were 130, nays 1.

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

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.

The report of the Committee, which was favorable to the 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

Bostick Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance

Clark Cole Collins, M. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dollar

2506
Dorminy Duke Edwards Evans Parrar 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. Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones Jordan Keyton

JOURNAL OF THE HOUSE,

King 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 McDonald McKinney Miles Milford Morgan Moyer Mulherin Nessmith Nix Noble Northcutt Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston

Rainey Reaves Ritchie Roach Rogers Rush Russell, J. Russell, W. D. Savage Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. Coney.

Those not voting were Messrs.:

Atherton Beckham
Bond Brown, B. D. Brown, C. Burruss
Coleman Collins, S. Colwell Dickey Egan Elliott Ellis Ezzard

Gignilliat Hill, B. L. Hill, G.
Horton, W. L. Howard Irvin, R.
Knight Larsen, W. W. Levitas Lewis
Logan McCracken McDaniell Mullinax

Murphy Patten, G. C. Patten, R. L. Petro Ross Sams Shanahan Shepherd Strickland Thomason Ware Wheeler, Bobby Mr. Speaker

FRIDAY, MARCH 9, 1973 On the passage of the Bill, the ayes were 138, nays 1.

2507

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

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, 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 Em ployees' Retirement System of Georgia, singly or in conjunction with Teachers' Retirement System of Georgia; and for other purposes.

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

On the passage of the Bill, the ayes were 157, nays 0.

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

HB 392. By Mr. Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act establishing the Teach ers' Retirement System of Georgia, so as to additionally empower, not withstanding the terms, conditions, limitations and restrictions imposed by 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 Teachers' Retirement System of Georgia; and for other purposes.

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

On the passage of the Bill, the ayes were 158, nays 0.

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

2508

JOURNAL OF THE HOUSE,

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.

The following amendment was read and adopted:
Mr. Farrar of the 52nd moves to amend HR 293-1118 as follows:
On page 2, line 8, after the word "designee" add the following: "; and the President of the League of Women Voters or her designee". On page 1, line 12, change the word "twenty-one" to "twenty-two." On page 2, line 7, remove the word "and".

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, the ayes were 156, nays 0.

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

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.

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

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

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

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.

FRIDAY, MARCH 9, 1973

2509

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

On the passage of the Bill, the ayes were 157, nays 0.

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

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.

The following Committee amendment was read and adopted:
By adding, following the word "State", on line 7 of page 1 and on line 19 of page 1, the following:
"or of the United States".

The following amendments were read and adopted:

Mr. Shanahan of the 7th moves to amend HB 949 as follows:
By adding between the word and semicolon "office;" and the word "to" in line 8 of the title, the following:
"to define 'branch office';".
By adding at the end of quoted Section 6A of Section 1, the following:
"For the purposes of this Act the term 'branch office' shall be construed to mean any office of such association or corporation which is intended to be permanently established in a fixed location and to be operated at such location on substantially a full-time basis."
Mr. Egan of the 25th moves to amend HB 949 by striking the words on line 19, "carry on or conduct or do business" and substitute the words, "accept deposits".

2510

JOURNAL OF THE HOUSE,

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, 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. Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr Carrell Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Dent Dickey Dorminy Duke
Egan
Elliott
Evans
Floyd, J. H.

Floyd, L. R. Foster Fraser Greer Groover Hamilton Harden Harrington Harris, J. F. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Irvin, J. Irwin, J. R. Jessup Johnson Jones Jordan 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. Matthews, D. R. Mauldin McDonald
McKinney
Miles
Milford
Morgan

Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt 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 Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Tucker Turner Waddle
Walker
Wall
Wamble

Wheeler, Bobby Wheeler, J. A. Whitmire

FRIDAY, MARCH 9, 1973

2611

Williams Willis Wilson, J. M.

Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Berlin Dean, N. Dixon Dollar

Gignilliat Grantham Harrison Hutchinson

King Marcus

Those not voting were Messrs. :

Bray Brown, S. P. Castleberry Colwell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Edwards Ellis Ezzard

Farrar Geisinger Grahl Harris, J. R. Hill, G. Irvin, R. Keyton Mason McCracken McDaniell Murphy

Patten, G. C. Savage Strickland Thomason Townsend Twiggs Vaughn Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 139, nays 10.

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

HR 267-1017. By Mr. Oxford of the 101st:
A Resolution authorizing the Secretary of State to procure an appropriate plaque relative to the former Sumter County courthouse bell; and for other purposes.

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

On the adoption of the Resolution, the ayes were 146, nays 0.

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

2512

JOURNAL OP THE HOUSE,

HB 698. By Messrs. Carrell of the 71st, Russell of the 53rd, Walker of the 100th and others:
A Bill to be entitled an Act to provide for the issuance of special autobile license plates to certain physically disabled persons; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for the issuance of special auto mobile license plates to certain physically disabled persons; to provide a short title; to provide for the establishment of procedures and promul gation of rules and regulations by the State Revenue Commissioner; to prescribe a special design for said tag; to provide a year in which issuance of such plates shall begin; to set penalties for violations of this Act; to provide this Act is supplemental to other vehicle licensing laws; 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 and may be cited as the "Dis abled Persons License Plates Act."
Section 2. Any owner of a motor vehicle, who is a resident of Georgia, upon complying with the motor vehicle laws relating to registra tion, licensing and payment of fees, and who submits satisfactory proof to the State Revenue Commissioner, or one of his agents, that he has permanently lost the use of a leg or both legs, or an arm or both arms, or any combination thereof, or is so severely disabled as to be unable to move without the aid of crutches on a wheelchair, shall be issued a specially designated disabled person's license plate from the State Revenue Commissioner.
Section 3. The State Revenue Commissioner is hereby directed to furnish said license plates as provided for herein, which shall bear the official international wheelchair symbol or a reasonable facsimile there of, or such other symbols as the Commissioner may deem appropriate.
Section 4. The State Revenue Commissioner may begin issuing dis abled persons license plates for the year 1976.
Section 5. (a) Any person who is not a handicapped person as pre scribed in this Section and who willfully and falsely represents himself as having the qualifications to obtain the special plates prescribed by this Section shall be guilty of a misdemeanor and upon conviction there of shall be punished as for a misdemeanor.
(b) Any person owning a vehicle bearing the special plates and not entitled to do so under the provisions of this Act shall be guilty of a

FRIDAY, MARCH 9, 1973

2513

misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

Section 6. This law is supplemental to the motor vehicle licensing laws of Georgia, and nothing herein shall be construed as abridging or repealing such laws.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 153, nays 0.

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

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.

The following amendment was read and adopted:
Mr. Elliott of the 49th moves to amend HB 899 by striking the word "director" wherever it appears and substituting therefore the word "commissioner".

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 Bennett Berlin Berry Blackshear

Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D.

2514
Brown, C. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Duke Edwards Egan Elliott Ellis Evans Ezzard Floyd, L. R. Foster Fraser Gignilliat Grantham Greer Groover Hamilton Harrington Harris, J. F

JOURNAL OF THE HOUSE,

Harris, J. R. Harrison Hawes Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup 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 Lowrey Marcus Mason Matthews, C. Matthews, D. R. McCracken McDaniell McDonald McKinney Miles Moyer Mulherin Mullinax Nessmith Nix Noble

Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Sweat Toles Triplett Tucker Turner Twiggs Waddle Walker Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Dorminy Mauldin

Stephens

Wall

Those not voting were Messrs.:

Adams, J. H. Beckham Brantley, H. L. Brown, S. P.

Coleman Collins, M. Collins, S. Daugherty

Farrar Floyd, J. H. Geisinger Grahl

Hays Hill, B. L. Horton, W. L. Irvin, R. Johnson Lambert Lewis

FRIDAY, MARCH 9, 1973

2515

Logan Milford Morgan Murphy Patten, R. L. Savage Snow

Strickland Thomason Thompson Townsend Vaughn Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 141, nays 4.

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

Due to mechanical failure, the votes of Messrs. Harden and Rogers of the 128th did not record. They each wished to be recorded as voting "aye" on the passage of HB 899, as amended.

By unanimous consent, HB 899, as amended, was ordered immediately trans mitted to the Senate.

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.

The following amendment was read and adopted:
Mr. Greer of the 43rd moves to amend HB 898 by adding in the title on line 6 of page 1, after the word symbol "Act;" and the word "to", the following:
"to change the bond requirements;".
By renumbering Section 2 on page 3 as Section 3 and inserting a new Section 2 to read as follows:
"Section 2. Said Act is further amended by striking from sub section (b) of Section 14 the word "blanket", and by striking there from the following: "$10,000", and inserting in lieu of such amount the following: "$1,000", so that when so amended, subsection (b) shall read as follows:

2B16

JOURNAL OF THE HOUSE,

'(b) Before a representative may be registered under this Act, a bond in the penal sum of $1,000.00 shall be provided by or for each such representative for a period running concurrently with that of the school's Certificate of Approval and the obligation of the bond shall be that neither a provision of this Act nor any rule or regula tion adopted pursuant thereto shall be violated. The bond shall be a surety bond issued by a company authorized to do business in the State conditioned that the parties thereto shall pay all damages or expenses which the State, any governmental subdivision thereof, or any person may sustain resulting from any such violation. The bond shall be to the State for the use and benefit of any person or gov ernmental subdivision of the State as may suffer expense or dam age by breach thereof. The bond shall be filed with the Admin istrator. The aggregate liability of the surety shall not exceed the sum of $1,000 for all breaches of the conditions of the bond by each such representative. The surety on the bond may cancel such bond upon giving 30 days' notice in writing to the State Board of Educa tion and shall thereafter be relieved of any liability for any breach of condition occurring after the effective date of said cancellation.' "

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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Lambert of the 97th moved that the following Bill of the House be with drawn from the General Calendar and recommitted to the Committee on Insur ance for further study:
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.
The motion prevailed and HB 164 was recommitted.

FRIDAY, MARCH 9, 1973

2517

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

Mr. Speaker:

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

SR 119. By Senator Brown of the 47th:
A Resolution authorizing the severing of Tract 3 from that lease dated January 12, 1960, as amended.

SR 152. By Senators Hudgins of the 15th, Stephens of the 36th, and Zipperer of the 3rd: A Resolution authorizing the Governor to transfer certain property to Fulton County Voiture 217, La Societe des 40 Hommes et 8 Chevaux Inc., Department of Ga., a nonprofit Georgia corporation.
The Senate insists on its substitute to the following Bill of the House, to-wit:

HB 1. By Messrs. Busbee of the 114th, Smith of the 91st, Murphy of the 18th, and others:
A Bill 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.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and submits the following supplement to the calendar already adopted this March 9, 1973, by adding the following:
HB 898. Georgia Proprietary School Act, Flight Schools
HB 933. Department of Audits & Accounts, State Auditor--Legislative Branch
HB 1192. Director, State Crime Lab. Lease or Rent Airplane

2518

JOURNAL OF THE HOUSE,

Except as herein amended, the provisions of the calendar heretofore sub mitted shall remain of full force and effect.
Respectfully submitted, Busbee of the 114th,
Chairman.

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 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.

The following floor substitute, offered by Mr. Evans of the 89th, was read:
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", ap proved February 3, 1938 (Ga. Laws 1937-1938, Ex. Sess., p. 103), as amended, so as to restrict the hours for the retail sale of distilled spirits in unbroken packages in certain counties; to prohibit the retail sale of distilled spirits in unbroken packages on certain days; 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 "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-1938, Ex. Sess., p. 103), as amended, is hereby amended by adding between Section 8 and Section 9, a new Section to be desig nated Section 8A, to read as follows:
"Section 8A. (a) No retailer whose place of business is lo cated in a county having a population of 75,000 or more according to the United States Decennial Census of 1970, or any future such census, shall furnish, sell, or offer for sale any distilled spirits on any day before 9:00 a.m. or after 10:00 p.m.
(b) No retailer shall furnish, sell, or offer for sale any dis tilled spirits at any time on January 1, July 4, the first Monday in September known as Labor Day, the 4th Thursday in November known as Thanksgiving Day, the 25th day of December known as Christmas Day, or any Sunday."

FRIDAY, MARCH 9, 1973

2519

Section 2. This Act shall become effective on May 1, 1973.

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

The following amendment was read and adopted:
Mr. Adams of the 14th moves to amend the floor substitute to HB 737 by striking the figure "75,000" on line 19 and inserting the figure "25,000".

An amendment offered by Mr. Egan of the 25th was read and lost.

The floor substitute, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Bailey Blackshear Bostick Brantley, H. L. Bray Brown, C. Brown, S. P. Burton Busbee < Carr Carrell Chance Cole Coleman Collins, M. Collins, S. Coney

Dent Dickey Duke Evans Floyd, L. R. Foster Fraser Grantham Greer Harrington Harris, J. F. Hawes Hays Hill, G. Howard Hudson Irvin, J. Jessup Jones Jordan Knight Kreeger Lambert

Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Nessmith Nix Northcutt Patten, G. C.

2520
Patterson Phillips, G. S. Pinkston Roach Rush Savage

JOURNAL OF THE HOUSE,

Toles Triplett Turner Vaughn Waddle Walker

Wall Whitmire Williams
Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Alexander, W. M. Atherton Beckham Berry Bond Brantley, H. H. Carlisle Clark Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dollar Dorminy

Egan Elliott Ellis Gei singer Gignilliat Hamilton Harris, J. R. Hill, B. L. Horton, G. T. Horton, W. L. Howell Irvin, R. Irwin, J. R. Keyton Mason Matthews, C.

Mullinax Oxford Pearce Peters Rainey Ross Russell, J. Russell, W. D. Sams Shanahan Smith, V. B. Stephens Thompson Twiggs Wheeler, J. A.

Those not voting were Messrs.:

Bennett Berlin Bohannon Brown, B. D.
Buck Burruss Castleberry Colwell Dean, Gib Dixon
Edwards Ezzard Farrar Floyd, J. H. Grahl

Groover Har risen Hutchinson Johnson King Larsen, W. W. Levitas McCracken Murphy Noble Odom Patten, R. L. Petro Phillips, L. L. Reaves

Ritchie Shepherd Smith, J. R. Snow Strickland Sweat Thomason Townsend Tucker Turner Wamble Ware Wheeler, Bobby Willis Mr. Speaker

Due to mechanical failure, the votes of Messrs. Harden and Rogers of the 128th were not recorded.

On the passage of the Bill, by substitute, as amended, the ayes were 87, nays 47.

FRIDAY, MARCH 9, 1973

2521

The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

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 1. Messrs. Busbee of the 114th, Smith of the 91st, Murphy of the 18th and others:
A Bill 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 each local unit of administration is required to raise; and for other purposes.

Mr. Busbee of the 114th moved that the House insist on its position in dis agreeing to the Senate Substitute and that a Committee of Conference be ap pointed on the part of the House to confer with a like Committee on the part of the Senate.

The motion prevailed.

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

Messrs. Wamble of the 120th, Busbee of the 114th and Groover of the 75th.

Mr. Groover of the 75th moved that the following Bill of the House be taken from the table:

HB 566. By Mr. Greer of the 43rd:
A Bill to amend Code Chapter 34-6, relating to the registration of electors, so as to provide for the registration of electors by mail; and by other purposes.

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. Alexander, W. M.

Bailey Berlin

2522
Berry Blackshear Bond Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carlisle Clark Coleman Connell Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dixon Dollar Duke Evans Foster

JOURNAL OF THE HOUSE,

Greer Hamilton Harris, J. R. Hawes Hill, B. L. Horton, W. L. Howard Irvin, J. Jessup Johnson Jordan King Knight Kreeger Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Levitas Marcus Mason McDaniell McDonald

McKinney Morgan Moyer Mulherin Northcutt Pearce Petro Pinkston Reaves Ross Russell, J. Savage Shanahan Shepherd Smith, J. R. Stephens Sweat Thompson Toles Wall

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Alien Beckham Bennett Bohannon Bostick Brantley, H. H. Brantley, H. L.
Bray Burton Can-
Chance Cole
Collins, M.
Collins, S.
Coney Davis, W.
Dickey Dorminy
Egan
Elliott Tloyd, L. R.
Fraser
Geisinger Grahl

Grantham Groover Harden Harris, J. F. Harrison Hill, G. Horton, G. T. Howell Hudson
Kutchinson
Irvin, R. Irwin, J. R.
Jones
Keyton Lambert
Lane, W. J.
Lee, W. S.
Logan
Lowrey Matthews, C.
Matthews, D. R.
Mauldin
Miles
Milford Nessmith
Noble

Oxford Patten, G. C. Patterson Peters Phillips, G. S. Rainey Ritchie Roach Rogers Rush
Russell, W. D.
Sams Smith, V. B. Townsend
Triplett Tucker
Twiggs Waddle Walker
Ware Wheeler, J. A.
Whitmire
Williams
Willis Wilson, M. L.
Wood

FRIDAY, MARCH 9, 1973

2523

Those not voting were Messrs.:

Atherton Burruss
Carrell Castleberry Colwell Dean, Gib Edwards Ellis Ezzard Farrar Floyd, J. H.

Gignilliat Harrington
Hays Lane, Dick Lewis McCracken Mullinax Murphy Nix Odom Patten, R. L.

Phillips, L. L. Snow
Strickland Thomason Turner Vaughn Wamble Wheeler, Bobby Wilson Mr. Speaker

On the motion, the ayes were 70, nays 78.

The motion was lost and the House refused to remove HB 566 from the table.

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

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 asso ciations 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.

Mr. Logan of the 62nd moved that further consideration of HB 801 be post poned for one hour.

There was objection.

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

Those voting in the affirmative were Messrs.:

Adams, J. H. Alexander, W. H. Atherton Bailey

Blackshear Bray Burruss Carr

Carrell Clark Cole Collins, M.

2524
Coney Daugherty Davis, E. T. Dean, Gib Dean, N. Dollar Dorminy Duke Egan Poster Fraser Geisinger Greer Hamilton Harden Harris, J. P. Harrison Hill, B. L. Horton, G. T. Horton, W. L.

JOURNAL OP THE HOUSE,

Irvin, R. Irwin, J. R. Johnson King Kreeger Lambert Lane, W. J. Lee, W. J. (Bill) Logan Mason Matthews, C. Matthews, D. R. McDaniell McDonald McKinney Morgan Moyer Mullinax Nessmith Oxford

Patterson Petro Phillips, G. S. Reaves Roach Rogers Rush Russell, J. Shepherd Smith, V. B. Sweat Tucker Turner Twiggs Waddle Walker Ware Wheeler, J. A. Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.

Adams, G. D. Adams, Marvin Alexander, W. M. Alien Beckham Bennett Berlin Berry Bostick Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Buck Burton Carlisle Chance Collins, S. Connell Davis, W. Dean, J. E. Dent Dickey

Dixon Elliott Ellis Evans Ployd, L. R. Grantham Harrington Harris, J. R. Hays Howard Hudson Hutchinson Irvin, J. Jones Jordan Keyton
Lane, Dick Larsen, G. K. Lee, W. S. Lewis Lowrey Mauldin Miles

Milford Mulherin Noble Odom Patten, G. C. Pearce Phillips, L. L. Pinkston Ross Sams Shanahan Snow Stephens Triplett Vaughn Wall Wamble Whitmire Williams Willis Wood

Those not voting were Messrs.:

Adams, John Bohannon Bond Brown, B. D.

Busbee Castleberry Coleman Colwell

Edwards Ezzard Farrar Floyd, J. H.

Gignilliat Grahl Groover Hawes Hill, G. Howell Jessup Knight Larsen, W. W. Levitas

FRIDAY, MARCH 9, 1973
Marcus McCracken Murphy Nix Northcutt Patten, R. L. Peters Rainey Ritchie Russell, W. D.

2525
Savage Smith, J. R. Strickland Thomason Thompson Toles Townsend Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 72, nays 67.

The motion prevailed and HB 801 was postponed for one hour.

HB 181. By Messrs. McKinney of the 35th, Brown of the 89th, Shepherd of the 28th and others:
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.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 199); and by an Act approved January 30, 1964 (Ga. Laws 1964, p. 62); and by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771); and by an Act approved March 31, 1965 (Ga. Laws 1965, p. 451); and by an Act approved March 10, 1966 (Ga. Laws 1966, p. 341); and by an Act which became effective without the signature of the Governor (Ga. Laws 1968, p. 1443); and by an Act which became effective without the signature of the Governor (Ga. Laws 1969, p. 1140); and by an Act approved March 10, 1972 (Ga. Laws 1972, p. 207), so as to provide that every county or municipality in the State of Georgia where the sale of distilled spirits or alcoholic beverages is authorized by law may, through proper resolution or ordinance, authorize the issuance of licenses to sell distilled spirits or alcoholic beverages for beverage purposes by the drink for consumption only on the premises under certain conditions; to change the provisions re'ating to sales on Sunday; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is now the second most popular of the thirteen southern states in travel and tourism; and

2526

JOURNAL OF THE HOUSE,

WHEREAS, the cities of Georgia have become major travel desti nations for domestic and international visitors and convention delegates; and

WHEREAS, the travel and convention industry contributes over $1 billion to the State's economy, and more than $72 million in tax rev enue each year and gives jobs to more than 125,000 persons; and

WHEREAS, it is important to provide travelers and convention delegates with the usual conveniences and attractions to which they are accustomed; and

WHEREAS, it is also important that all segments of the travel industry in Georgia, in every county and municipality, have equal op portunity to compete in the Georgia travel and convention market; and

WHEREAS, the availability of properly controlled spirituous, malt and vinous beverages by the drink has been a major asset to the growth of Georgia's travel and convention industry, as well as to the general economy of the State; and

WHEREAS, the citizens of each community should have the op portunity to judge the value of the travel and convention industry locally, and to thereupon decide which rules and regulations would best serve the community's interest; and

WHEREAS, many local businesses, their employees, their owners and the general economy of each local area of the State depend on the continued health of Georgia's travel and convention industry; and

WHEREAS, the continued economic health and growth of the Georgia travel and convention industry depends on maintaining a strong competitive advantage over other states, regions, and other countries of the world.

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 199); and by an Act approved January 30, 1964 (Ga. Laws 1964, p. 62); and by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771); and by an Act approved March 31, 1965 (Ga. Laws 1965, p. 451); and by an Act approved March 10, 1966 (Ga. Laws 1966, p. 341); and by an Act which became effective without the signature of the Gov ernor (Ga. Laws 1968, p. 1443); and by an Act which became effective without the signature of the Governor (Ga. Laws 1969, p. 1140); and by an Act approved March 10, 1972 (Ga. Laws 1972, p. 207), is hereby amended by striking subsections (a) and (b) of Section 31 in their entirety and inserting in lieu thereof new subsections (a) and (b) of Section 31 to read as follows:

FRIDAY, MARCH 9, 1973

2527

"(a) Anything in this Act to the contrary notwithstanding every county or municipality in the State of Georgia where the sale of distilled spirits or alcoholic beverages is authorized by law may, through proper resolution or ordinance, authorize the issuance of licenses to sell distilled spirits or alcoholic beverages for beverage purposes by the drink, said sales to be for consumption only on the premises. Such resolutions or ordinances shall be adopted only after the authority to do so shall have been authorized pursuant to the procedures prescribed in subsection (d) of this Section.

(b) Every county and city as set forth in this Section shall have the full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for issuance of any such license and shall further have the power and authority to promulgate reasonable rules and regulations governing the con duct of any licensee provided for in this Section, including but not being limited to the regulation of hours of business on all seven days of the week, types of employees, and other matters which may fall within the police powers of such municipalities or counties. Such powers and authority shall be exercised only after the au thority to do so shall have been authorized pursuant to the pro cedures prescribed in subsection (d) of this Section. Licensees pro vided for in this Section, which may be permitted to serve distilled spirits or alcoholic beverages for consumption only on the premises on Sunday, shall be limited to the hours between 12:01 a.m. and 2:00 a.m.; except that those licensees deriving at least 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food, in all of the combined retail outlets of their individual establishments, may be permitted to serve distilled spirits or alcoholic beverages for consumption only on the premises between the hours of 2:00 p.m. and 12:00 o'clock midnight on Sunday."

Section 2. Said Act is further amended by striking Section 28 in its entirety and inserting in lieu thereof a new Section 28, to read as follows:
"Section 28. It shall be unlawful to sell any liquor in unbroken packages in any county or municipality specified by this Act be tween the hours of 12:00 o'clock, midnight, on Saturday night, until the hour of 12:00 o'clock midnight on Sunday night, at any time.
It is the purpose and intent of this section to prevent the sale of liquor in unbroken packages on Sunday, and any violation of same shall be a misdemeanor, by the buyer and/or the seller."

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.

2528

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.

Alexander, W. M.
Bailey Berry Blackshear Bohannon Bond Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Buck Carrell Clark Connell Daugherty Dean, Gib Dean, J. E. Dent Dickey Dixon Edwards

Egan Elliott Ellis Evans
Ezzard Farrar
Geisinger
Greer Groover
Hamilton
Harden Harris, J. R.
Hays Hill, B. L. Horton, G. T. Horton, W. L.
Irwin, J. R. Lambert
Larsen, G. K.
Lee, W. J. (Bill) Levitas

Marcus
Mason Matthews, C. McKinney
Morgan Moyer Mullinax
Pearce Rogers
Russell, W. D.
Savage Shepherd
Snow Stephens
Sweat Thompson Townsend
Tucker
Ware

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Beckham Bennett Berlin Brantley, H. L. Burton Carlisle Carr Castleberry Chance Cole Coleman Collins, M. Collins, S. Coney Davis, E. T. Davis, W. Dean, N. Dollar

Dorminy
Duke
Floyd, J. H. Floyd, L. R.
Foster Grantham
Harrington Harris, J. F.
Hill, G. Howard
Howell Hudson Hutchinson
Jessup
Jones Jordan King
Kreeger Lane, Dick
Lane, W. J. Lee, W. S.
Lewis Lowrey Matthews, D. R.

Mauldin
McCracken
McDonald Milford Nessmith
Nix
Noble Oxford
Patten, G. C. Patterson Phillips, L. L. Pinkston
Reaves
Roach Rush
Sams Shanahan Smith, J. R.
Smith, V. B.
Toles Triplett Vaughn
Waddle Walker

Wall Wheeler, J. A. Whitmire

FRIDAY, MARCH 9, 1973

2529

Williams Wilson, J. M.

Wilson, M. L. Wood

Those not voting were Messrs.:

Atherton Bostick Bray Burruss Busbee Colwell Fraser Gignilliat Grahl Harrison Hawes Irvin, J. Irvin, R. Johnson

Keyton Knight Larsen, W. W. Logan McDaniell Miles Mulherin Murphy Northcutt Odom Patten, R. L. Peters Petro

Phillips, G. S. Rainey Ritchie Ross Russell, J. Strickland Thomason Turner Twiggs Wamble Wheeler, Bobby Willis Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 61, nays 79.

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

Mr. McKinney of the 35th 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 181, by substitute.

HB 1093. By Messrs. Levitas of the 50th, Burruss of the 1st, Evans of the 89th 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 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.

The following amendments were read and adopted:
Mr. Dean of the 60th moves to amend HB 1093 by adding the follow ing sentence at the end of Section 5 (a) : "Nothing in this sub-section

2530

JOURNAL OP THE HOUSE,
shall apply to a political subdivision that on March 9, 1973 has in effect a flood plain ordinance or a sediment control ordinance.
Mr. Dean of the 60th moves to amend HB 1093 by adding a sub section (c) to Section 3 to read as follows: "(c) The General Assembly finds that certain political subdivisions in the included area have in force certain flood plain and sediment control ordinances that afford adequate protection for the aforementioned problems. Nothing in this Act shall be construed so as to make those local political subdivision ordinances less stringent than they are now.
Mr. Dollar of the 63rd moves to amend HB 1093 by striking from line 3 of page 9 the words "three-fourths" and inserting in lieu thereof the following, "two-thirds".
Mr. Dollar of the 63rd moves to amend HB 1093 by adding the fol lowing language to Section 4, paragraph (a) on line 24 of page 5:
"Any such land and water use plan shall be prepared in con sultation and with assistance of the county or city governing autho rity where the land to be affected lies."

The following amendment was read:
Mr. McDaniell of the 20th moves to amend HB 1093 by adding at the end of Section 10 the following: "Provided, however, that nothing herein shall be approved or disapproved without the consent of the local governing 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.:

Adams, G. D. Adams, Marvin Alien Bohannon Brantley, H. H. Burton Castleberry Coleman Collins, M. Collins, S. Davis, E. T. Davis, W. Dean, Gib Dent Edwards Floyd, L. R.

Foster Geisinger Grantham Hill, G. Howard Hudson Jessup Jones King Lambert Lane, Dick Larsen, W. W. Lowrey McDaniell Miles Mulherin

Mullinax Nix Oxford Patten, G. C. Patternson Pearce Peters Rainey Rose Sams Shanahan Smith, V. B. Twiggs Walker Williams

FRIDAY, MARCH 9, 1973

Those voting in the negative were Messrs.:

Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Atherton Beckham Bennett Berlin Blackshear Bond Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Carlisle Carrell Chance Clark Cole Coney Connell Daugherty Dean, J. E. Dean, N. Dickey Dollar Duke Egan Elliott

Ellis Evans Ezzard Farrar Fraser Gignilliat Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hill, B. L. Horton, G. T. Horton, W. L. Hutchinson Irvin, J. Irwin, J. R. Jordan Knight Kreeger Lane, W. J. Larsen, G. K. Lee,W. J. (Bill) Lee, W. S. Levitas Lewis Marcus

Mason Matthews, C. Mauldin McCracken McDonald McKinney Milford Morgan Nessmith Noble Odom Petro Phillips, G. S. Phillips, L. L. Reaves Roach Rogers Russell, J. Russell, W. D. Smith, J. R. Stephens, W. S. Townsend Triplett Tucker Turner Wall Wamble Willis Wilson, M. L.

2531

Those not voting were Messrs.:

Bailey Berry Bostick Bray Buck Busbee Carr Colwell Dixon Dorminy Floyd, J. H.
Grahl
Harris, J. F.
Hawes
Hays

Howell Irvin, R. Johnson Keyton Logan Matthews, D. R. Moyer Murphy Northcutt Patten, R. L. Pinkston
Ritchie
Rush
Savage
Shepherd

Snow Strickland Sweat Thomason Thompson Toles Vaughn Waddle Ware Wheeler, Bobby Wheeler, J. A.
Whitmire
Wilson, J. M.
Wood
Mr. Speaker

On the adoption of the motion, the ayes were 47, nays !

2532

JOURNAL OF THE HOUSE,

The motion was lost.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Beckham Bennett Berlin Blackshear Bohannon Bond Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Carlisle Carrell Castleberry Chance Clark Cole Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Dollar Dorminy Duke Edwards Egan Elliott Ellis

Evans Ezzard Farrar Floyd, L. R. Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison
Hays Hill, B. L. Hill, C. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin,R. Irwin, J. R. Jessup Jones Jordan King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Marcus Mason

Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Mjlford Morgan Moyer Mulherin Mullinax Nix Noble Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Roach Rogers Ross Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thompson Toles

Townsend Triplett Tucker Turner

FRIDAY, MARCH 9, 1973

2533

Waddle Walker Wall Wamble

Ware Wheeler, J. A. Willis Wilson, M. L.

Those voting in the negative were Messrs.:

Brantley, H. L. Carr Coleman Collins, S. Foster

Howard Lane, W. J. Larsen, W. W. Lowrey Nessmith

Rush Smith, J. R. Williams

Those not voting were Messrs.:

Adams, Marvin Bailey Berry Bostick Bray Buck Busbee Collins, M. Colwell Dent Dixon

Floyd, J. H. Grahl Hawes Howell Johnson Keyton Logan McDonald Murphy Patten, R. L. Reaves

Ritchie Strickland Thomason Twiggs Vaughn Wheeler, Bobby Whitmire Wilson, J. M. Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 135, nays 13.

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

By unanimous consent, HB 1093, as amended, was ordered immediately trans mitted to the Senate.

HB 1192. By Mr. Collins of the 45th:
A Bill to be entitled an Act to amend an Act entitled the "Georgia PostMortem Examination Act, so as to authorize the Department of Public Safety to lease or rent an airplane to be operated by the Director of the State Crime Laboratory on official business; and for other purposes.

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

2534

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 1000. By Messrs. Horton of the 43rd, Ritchie of the llth, Irvin of the 10th and others:
A Bill to be entitled an Act to create the Vital Areas Council; to provide for the members of the Council; and for other purposes.

The following amendments were read and adopted:

Mr. Horton of the 43rd moves to amend HB 1000 as follows:
On page 2, line 25, after the word "Pickens" insert the word "Stephens".
On page 2, line 33, after the word "Act." insert a new sentence, "The Council shall be abolished on June 30, 1974."
On page 3, line 9, after the word "Union" insert the word "Stephens".

Messrs. Lane of the 40th and Horton of the 43rd move to amend HB 1000 as follows: On page 3, strike lines 33 and 34.

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 Alexander, W. H. Alexander, W. M. Alien Atherton
Bailey

Beckham Bennett Berlin Bond Bostick Brantley, H. H. Brantley, H. L.
Brown, B. D.

Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carrell
Chance

Clark Cole Coleman Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickey Dixon Dollar Duke Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington
Harris, J. F.

FRIDAY, MARCH 9, 1973
Harrison Hays Hill, B. L. Horton, G. T. Horton, W. L. Hutchinson Irvin, J. Jones Jordan Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Marcus Matthews, C. Matthews, D. R. Mauldin McDonald Miles Milford Morgan Moyer Nessmith Noble Northcutt Odom Oxford Patten, G. C. Patterson

2535
Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Russell, J. Russell, W. D. Sams Savage Shanahan Smith, V. B. Snow Stephens Sweat Toles Townsend Triplett Tucker Turner Waddle Walker Wall Wamble Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Adams, Marvin
Bray Fraser

King Lowrey Rush

Smith, J. R.

Those not voting were Messrs.:

Berry Blackshear Bohannon Buck Carr Castleberry Collins, M. Colwell Dean, Gib Dent Dorminy

Edwards Grahl Harris, J. R. Hawes Hill, G. Howard Howell Hudson Irvin, R. Irwin, J. R. Jessup

Johnson Keyton Knight Lambert Lewis Logan Mason McCracken McDaniell McKinney Mulherin

2536
Mullinax Murphy Nix Patten, R. L. Petro Ritchie

JOURNAL OF THE HOUSE,

Ross Shepherd Strickland Thomason Thompson Twiggs

Vaughn Ware Wheeler, J. A Wilson, M. L. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 123, nays 7.

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

By unanimous consent, HB 1000, as amended, was ordered immediately trans mitted to the Senate.

Mr. Mason of the 59th stated that he had been called from the floor of the House when the roll call was ordered, but had he been present would have voted "aye" thereon.

The following Resolution was read:

HR 285. By Messrs. Horton of the 43rd, Irwin of the 10th, Ritchie of the llth 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 Areas 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

FRIDAY, MARCH 9, 1973

2537

Committee to be composed of ten (10) members of the House of Repre sentatives to be appointed by the Speaker of the House of Representa tives from the following Standing Committees and House Districts; two (2) members from the House Committee on State Planning and Com munity 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 dis tricts 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, Stephens, 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 autho rized 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.

The following amendment, offered by Mr. Horton of the 43rd, was read and adopted:

Mr. Horton of the 43rd moves to amend HR 285 as follows:
On page 2, line 5, after the word "Pickens" insert the word "Stephens".

The Resolution, as amended, was adopted.

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

HB 933. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th:
A Bill to amend Code Section 40-1801, relating to the creation of the Department of Audits and Accounts and the Office of State Auditor, so

2538

JOURNAL OP THE HOUSE,

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 Govern ment; and for other purposes.

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

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

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

By unanimous consent, HB 933 was ordered immediately transmitted to the Senate.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

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.
The following Committee amendment was read and adopted:
--by adding on Page 1, line 8, between the words "for profit;" and the words "to provide" the following:
"to provide for the creation and administration of an Intangible Tax Equalization Fund;"
--by adding the end of Section 3 a new subsection (j) to read as follows:
"(j) An Act to classify property for taxation, Ga. Laws 193738, Ex. Sess., p. 165, is hereby amended by adding at the end of Section 10 thereof a new section to be entitled Section 10A to read as follows:
'Section 10A. There is herewith created an Intangible Tax Equalization Fund to be funded in fiscal year 1974 in the amount

FRIDAY, MARCH 9, 1973

2539

of $3.5 million and annually thereafter in an amount to be deter mined by the General Assembly for the purpose of compensating certain counties, cities, and school systems for losses of revenues occasioned by the taxation of banks and other financial institutions in the same manner as commercial corporations. The Intangible Tax Equalization Fund shall be administered by the State Revenue Commissioner and shall be disbursed by him to the tax commissioner, tax collector, and other appropriate fiscal officer of the various counties, cities, and school systems of this State not later than April 1 of each year according to the following procedure:

The Commissioner shall determine the gross loss in revenues in curred by each county, city, and school system on account of the repeal of the intangible tax upon the shares of the stockholders of banks and banking associations, Ga. Laws 1966, p. 284, Ga. Code Section 92-2406, and the repeal of the intangible tax on the net worth of building and loan associations and federal savings and loan as sociations (Ga. Laws 1953, pp. 379, 388). This amount of gross loss shall be reduced by the revenue increases, if any, accrued to each county, city, and school system from the taxation of previously exempt personal property owned by banks and other financial insti tutions, from license fees imposed upon banks and other financial institutions, from the tax upon intangible property owned by banks and other financial institutions, and from the intangible recording tax imposed upon banks and other financial institutions by the repeal of Ga. Laws 1953, Nov. Sess., pp. 379, 383, Ga. Laws 1955, pp. 28889, Ga. Code Section 92-164, so as to show a net loss of revenue. All of the funds appropriated to the Intangible Tax Equalization Fund shall be distributed among those counties, cities, and school systems incurring net revenue losses in the same ratio that the net loss, if any, of each county, city, and school system bears to the total of the net losses of all counties, cities, and school systems;

Provided, that no county, city, or school system shall receive an amount of money in excess of its net revenue loss as herein computed.' "
--by deleting Section 4 in its entirety and substituting a new Sec tion 4 to read as follows:
"Section 4. This Act shall become effective on January 1 of the calendar year following any year in which the General Assembly shall have appropriated the monies as provided in Section 3(j) hereof to the Intangible Tax Equalization Fund."

The following amendment was read and adopted:

Mr. Logan of the 62nd moves to amend HB 801 by adding at the end of sub section (j) in section 3, the following:
"After the amount herein before specified is funded, the balance

2540

JOURNAL OP THE HOUSE,

of any new tax monies derived from this Act shall be appropriated to local governments.

Mr. Dollar of the 63rd moved that HB 801 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.

Alexander, W. M. Bailey Blackshear Burton Carr Coleman Collins, S. Davis, E. T. Dixon Dollar Dorminy Duke Poster Geisinger Harden

Harrison Horton, W. L. Hudson Irvin, R. Jessup Johnson Knight Larsen, W. W. Lee, W. J. (Bill)
Logan McCracken McDaniell McKinney Noble Northcutt

Oxford Patten, G. C. Patterson Petro Rainey Reaves Rogers Rush
Russell, J. Savage Smith, V. B. Snow Stephens Sweat Walker

Those voting in the negative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Beckham Bennett Berlin Brantley, H. H. Brown, C. Brown, S. P. Busbee Carlisle Chance Cole Coney Connell Daugherty Davis, W. Dean, Gib Dent

Dickey Egan
Ellis Evans Ezzard Floyd, J. H. Ployd, L. R. Gignilliat Grantham Groover Hamilton Harrington Harris, J. P. Harris, J. R. Hays Horton, G. T. Howard Howell Hutchinson
Irvin, J. Jones King

Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. S. Lowrey Marcus Mason Matthews, D. R. Mauldin Miles Milford Morgan Moyer Mulherin Odom Pearce Peters Phillips, L. L. Pinkston Roach Ross

Russell, W. D. Sams Shanahan
Toles Triplett Tucker

FRIDAY, MARCH 9, 1973

2541

Turner Vaughn Waddle Wall Wamble Wheeler, J. A.

Whitmire Williams Willis Wilson, J. M. Wood

Those not voting were Messrs. :

Atherton Berry Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Buck Burruss Carrell Castleberry Clark Collins, M. Colwell Dean, J. E. Dean, N. Edwards

Elliott Farrar Fraser Grahl Greer Hawes Hill, B. L. Hill, G. Irwin, J. R. Jordan Keyton Lane, W. J. Le vitas Lewis Matthews, C. McDonald Mullinax Murphy

Nessmith Nix Patten, B. L. Phillips, G. S. Ritchie Shepherd Smith, J. R. Strickland Thomason Thompson Townsend Twiggs Ware Wheeler, Bobby Wilson, M. L. Mr. Speaker

On the motion, the ayes were 45, nays 83.

The motion to table HB 801 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 ayes were 106, nays 43.

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

Due to mechanical failure, the roll call on HB 801, as amended, could not be verified.
Mr. Nessmith of the 76th served notice that at the proper time he would ask

2542

JOURNAL OF THE HOUSE,

the House to reconsider its action in giving the requisite constitutional majority to HB 801, as amended.

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 Con ference to confer with a like committee on the part of the House on the following Bill of the House, to-wit:
HB 1. By Messrs. Busbee of the 114th, Smith of the 91st, Murphy of the 18th and others: A Bill 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.
The President has appointed on the part of the Senate the following Senators: Coggin of the 35th, Gillis of the 20th, and Starr of the 44th.
The Senate recedes from its substitute to 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.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 94. By Senator Dean of the th:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the selection of grand and traverse jurors; to provide that the General Assembly shall provide by law for the selection of experienced, intelligent and upright men and women to serve as grand and traverse jurors; to provide for the submission of this amendment for ratification or rejection.

FRIDAY, MARCH 9, 1973

2543

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

SB 296. By Senator Dean of the 6th:
A Bill to amend Code Chapter 59-1, relating to the selection of grand and traverse jurors, as amended, so as to change the method, practices and procedures for the selection of grand and traverse jurors.

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

SB 295. By Senator Dean of the 6th:
A Bill to be entitled an Act to provide for the supervision by the At torney General of the administration of charitable trusts; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 67. By Senator Lester of the 23rd:
A Bill to be entitled an Act to provide for the inclusion of the Judge of the State Court within the definition of "permanent employee" within the meaning of the pension or retirement laws existing in certain coun ties under certain conditions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 95. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act providing for the protection of pension rights of employees of certain cities and counties, so as to authorize and direct all officers and employees of any pension fund affected by said Act to make necessary disbursements; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 99. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend an Act providing the procedures whereby a Judge of the State Court of certain counties shall be eligible to become a Judge Emeritus of such Court, so as to provide that Social Security benefits shall not reduce the compensation payable to any

2544

JOURNAL OF THE HOUSE,

Judge Emeritus under the provisions of this Act; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SR 138. By Senator Hudgins of the 15th:
A Resolution authorizing and directing the State Department of Trans portation to erect and maintain certain directional signs; and for other purposes.
Referred to the Committee on Highways.

SR 168. By Senator Bell of the 5th:
A Resolution commending and congratulating the seventeen Certified Municipal Clerks; commending the Georgia Municipal Association, the Georgia Municipal Clerks and Finance Officers, and the University of Georgia's Institute of Government and Center for Continuing Education; and for other purposes.
Referred to the Committee on Rules.

SB 168. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act authorizing the Department of Transportation to acquire rights-of-way and easements for the construction of Federal Parkways, as amended, so as to provide a declara tion of policy; and for other purposes.
Referred to the Committee on Highways.

SB 178. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend an Act authorizing counties to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties, so as to au thorize the Board to appoint a librarian and fix his compensation; and for other purposes.
Referred to the Committee on Judiciary.

SB 202. By Senator Kidd of the 25th:
A Bill to be entitled an Act to authorize the State or any political sub division to defer with the consent of an employee, an employee's compenpensation; and for other purposes.
Referred to the Committee on Industrial Relations.

FRIDAY, MARCH 9, 1973

2545

SB 230. By Senator London of the 50th:
A Bill to be entitled an Act to repeal an Act creating the North Georgia Mountains Authority; to abolish the North Georgia Mountains Author ity ; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 261. By Senator Stephens of the 36th: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, relating to qualifications for mayor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 288. By Senator Coverdell of the 40th: A Bill to be entitled an Act to amend an Act classifying property for taxation and levying taxes on certain classes of intangible personal property, so as to provide that nothing in said Act shall be construed to require any person whose intangible tax would be less than a certain amount to file an intangible tax return; and for other purposes.
Referred to the Committee on Ways and Means.
SB 308. By Senator Brown of the 47th: A Bill to be entitled an Act to amend an Act relating to private pas senger automobiles and creating a manufacturer's warranty, so as to change the definition of the term "private passenger automobile"; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 309. By Senator Fincher of the 54th: A Bill to be entitled an Act to provide for the administration of anes thesia by certified registered nurse anesthetists; and for other purposes.
Referred to the Committee on Health and Ecology.
SB 339. By Senator Coggin of the 35th: A Bill to be entitled an Act to amend Code Section 22-903, relating to class voting by the holders of the outstanding shares of a class of stock on amendments to the articles of incorporation of a corporation, so as to provide that unless the articles of incorporation or certain resolutions provide, the holders of shares of a class shall be entitled to vote on certain amendments to the articles; and for other purposes.
Referred to the Committee on Banks and Banking.

2546

JOURNAL OF THE HOUSE,

SB 361. By Senator McGill of the 24th:
A Bill to be entitled an Act to create a new charter for the City of Lexington; to prescribe the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 364. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to amend an Act changing the compensation of the judges of the juvenile courts in certain counties (population not less than 250,000 and not more than 500,000); and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 367. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend Code Section 9-105, relating to the appointment of bar examiners by the Supreme Court, so as to change the provisions relating to the number of examiners; and for other purposes.
Referred to the Committee on Judiciary.

SB 369. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend an Act providing that a trust shall be executory and the legal estate shall remain in the trustee, whether or not the beneficiary or beneficiaries are sui juris and whether or not any remainder interest be created, so as to provide that a trust deemed executory by that statute may not be revoked or terminated in whole or in part if it is otherwise irrevocable; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 370. By Senator Coggin of the 35th:
A Bill to be entitled an Act to provide for the incorporation by reference of various fiduciary powers into wills, trust, or other instruments in writing; and for other purposes.
Referred to the Committee on Judiciary.

SB 371. By Senator Cox of the 21st:
A Bill to be entitled an Act to amend Code Section 26-2907, relating to exemptions for crimes involving dangerous instrumentalities and prac tices, so as to provide an exemption for persons who are authorized to

FRIDAY, MARCH 9, 1973

2547

possess weapons because of registration in accordance with the dictates of the National Firearms Act, as amended; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 372. By Senator Cox of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Firearms and Weapons Act", so as to include the 1968 amendment to the National Firearms Act in the provisions relating1 to exceptions; and for other purposes.
Referred to the Committee on Industry.

SR 152. By Senators Hudgins of the 15th, Stephens of the 36th and Zipperer of the 3rd:
A Resolution authorizing the Governor to transfer certain property to Fulton County Voiture 217, La Societe Des Hommes Et 8 Chevaux, Inc., Department of Georgia, a nonprofit Georgia corporation; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

SR 119. By Senator Brown of the 47th:
A Resolution authorizing the severing of Tract No. 3 (presently sub leased to Omni International, Inc.) from that lease, dated January 12, 1960, as amended, originally between the Western and Atlantic Rail road Commission as Lessor, and City Center, Inc. as Lessee, and the releasing of the present Lessees (Downtown Development Corp., FM Air Rights Company and City Center, Inc.) from their obligations as to Tract 3, including the payment of rental therefor, arising- under that lease; and for other purposes.
Referred to the Committee on State Institutions & Property.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 552. By Mr. Vaughn of the 57th:
A Bill to provide that the governing authority of any municipality located wholly within certain counties may not rezone except under certain conditions; and for other purposes.

2548

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL

To be entitled an Act to provide that the governing authority of any municipality located wholly within certain counties may not rezone or otherwise change the zoning status of land which it has theretofore annexed for a period of twelve (12) months from the date such annex ation became effective; to provide that no rezoning application shall be resubmitted after a decision by the county or municipal planning commission until at least twelve (12) months have elapsed in certain counties and municipalities located therein; to provide for the with drawal of rezoning applications; 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. Any other laws to the contrary notwithstanding, when ever any municipality of this State, which is located wholly within any county of this State having a population of not less than 18,100 or more than 18,250 according to the United States decennial census of 1970, or any future such census, shall annex any land by incorporating same into the corporate limits of such municipality pursuant to general laws authorizing such annexation, such land shall not be rezoned for a differ ent use or the zoning status otherwise changed from that which existed at the time of annexation to such municipality for a period of twelve (12) months from the time when such annexation became effective.

Section 2. Any other laws to the contrary notwithstanding, in all counties of this State having a population of not less than 18,100 or more than 18,250 according to the United States decennial census of 1970, or any future such census, and any municipalities located wholly within any of such counties, no application for rezoning shall be resubmitted for consideration after a decision by the county or municipal planning commission until at least twelve (12) months have elapsed from the date of approval or disapproval of the rezoning petition. Nothing herein shall be construed so as to prohibit a petitioner from withdrawing his application prior to a decision by the county or munici pal planning commission.

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. Vaughn of the 57th moved that the House agree to the Senate substitute to HB 552.

On the motion, the ayes were 105, nays 0.

FRIDAY, MARCH 9, 1973

2549

The motion prevailed and the Senate substitute to HB 552 was agreed to.

The following Resolution of the House was read and adopted:

HR 330. By Messrs. Smith of the 91st, Rush of the 104th, Mauldin of the 13th and many others:
A RESOLUTION
Expressing regret at the passing of Mr. Edwin Linwood Swain; and for other purposes.
WHEREAS, "Know ye not that there is a prince and a great man fallen this day in Israel.''; and
WHEREAS, on November 11, 1904, there was born to the family of Mr. and Mrs. John Rambo Swain of Reidsville, Tattnall County, Georgia, a baby boy who was given the name of Edwin Linwood Swain; and
WHEREAS, in preparing himself for a life-time of service, Edwin Swain attended Georgia Military College; Mercer University; and Co lumbia University; and as a young man he was the Principal in the Wheeler County High School; then Principal in the Ogeechee Consoli dated School; and then Superintendent of the Portal Public Schools; and then Superintendent of the Sylvania Public Schools; and
WHEREAS, in 1943 the State of Georgia requested Ed Swain to set up a State Merit System of Personnel Administration, with which request he complied, and which Department he supervised for the past 29 years with great distinction and honor; and
WHEREAS, as Director of the State Merit System, Ed Swain wielded a tremendous influence for good on the public officials and employees of our State, and was personally acquainted with more of the employees of Georgia than any other living man. His familiarity with the operation and structure of state government was well known to all of those whose duty it has been to govern the State of Georgia, and his advice and counsel were sought almost daily; and
WHEREAS, the State Merit System of Georgia, under his super vision was second to none in the entire nation, and the efficiency with which our government operates, the high morale of the state employees, and the splendid relationship between supervisors and employees, is due in large measure to the knowledge, the expertise, and capability of this great man; and is a tribute to his genius, his personality and his capacity for hard work; and
WHEREAS, among his arduous duties he engaged in board meet ings almost daily, except when his services were required outside At-

2550

JOURNAL OF THE HOUSE,

lanta, in other parts of Georgia and other parts of the nation. His posi tion required his becoming a nation-wide traveler. Other States often sent for him, and requested his coming to their aid, to counsel and advise with them on their personnel problems; and

WHEREAS, most important of all, Ed Swain was a Christian gentleman. Truly, his mother could proudly say of him, as did another mother in the early days of Biblical history:

"Therefore, also I have lent him to the Lord. As long as he liveth he shall be lent to the Lord."

He was brought up in the nurture and admonition of the Lord, and all the days of his life he has striven to "do justly and love mercy, and walk humbly before his God." In his daily pursuits, as did our Saviour, he "went about doing good"; and

WHEREAS, Ed Swain walked among his fellowmen erectly and held his head high because he was borne up in spirit in the conscious ness that the Pathway of Duty he had ever striven to follow, never
shirking, never faltering; and

WHEREAS, Ed Swain brought great credit and honor to the State of Georgia. It will not be possible to find another person to fill his place. He was loved and honored by a legion of friends; and

WHEREAS, around the hour of midnight on March 6, 1973, Al mighty God decreed that for Ed Swain the golden bowl be softly broken, the silver cord softly loosed. Truly he lived a full life and a good life; he had reaped in the freshness of the morning, in the heat of the noon day, as he started homeward in the afternoon of life, his arms filled with sheaves of good deeds, his Master came down the pathway to meet him, and put His arms around him, and together they crossed the distant mountain-peaks to enter that better world.
It is inspiring to those of us who loved him so much to know that our friend shall greet the morning of a new day in a land where there is no night, where the skies are undimmed by a cloud, where the feet bleed upon no pathway of stones, and where the head wears no crown of thorns.
"He that believeth in me, though he were dead, yet shall he live again, and he that liveth and believeth shall never die."
"We cannot say--we will not say-- That he is dead--he's just away. With a cheery smile and a wave of his hand, He hath wandered into a beautiful land, And leaves us dreaming, how very fair, It needs must be, since he lingers there.
"And you, o you, who for him yearn-- For the old time step--for the glad return;

FRIDAY, MARCH 9, 1973

2551

Think of him faring on as dear, In the love of there, as the love of here. Think of him still as the same. We say He is not dead, he's just away."

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its sincerest and deepest regrets at the passing of Mr. Edwin Linwood Swain and does hereby record its love of and appreciation for the life of Edwin Linwood Swain;

And that our condolences be extended to Mrs. Swain and their children, with our prayer that our Heavenly Father will be very near to each of them, and will sustain them and comfort them in the loss of husband and father;

And that we bow reverently in submission to the will of Almighty God in taking from Georgia one of her greatest sons;

And that the Clerk of the House of Representatives be directed to enter a copy of this resolution in the Journal as a part of the permanent official records of the State of Georgia; and that he be directed to transmit an appropriate copy of this resolution to Mrs. Swain and to each of the children.

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

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; and for other purposes.

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

On the passage of the Bill, the ayes were 127, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 430. By Messrs. Brown of the 34th, Patten of the 123rd, Russell of the 53rd and others:
A Bill to be entitled an Act to amend the Executive Reorganization Act

2552

JOURNAL OP THE HOUSE,

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.

The following Committee substitute was read and withdrawn by unanimous consent:
A BILL
To be entitled an Act to amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), so as to create within the Division of Community Affairs of the Department of Community Development the State Office of Housing Section; to pro vide for the powers, duties and responsibilities of the Section; to transfer the State Building Administrative Board to the Department of Community Development for administrative purposes only; to trans fer certain functions to the Section; to provide the procedures con nected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), is hereby amended by adding at the end of Section 703 the following paragraph:
"There is created within the Division of Community Affairs the State Office of Housing Section. The supervisor of said Section shall be appointed by the Governor. The supervisor shall exercise supervision and control over all employees and activities of the Section. The Section shall be responsible for the development of a State housing program. The Section shall be responsible for the annual Housing Goal Report of Georgia pursuant to Georgia Joint House and Senate Resolution 248 (1970) and to Section 10(e), Georgia Act 1066, 1970. Said Report shall include, but not be limited to an assessment of the housing problems in Georgia, an identi fication of housing needs, including data with respect to population and family groups and the distribution thereof according to in come groups, the amount and quality of available housing and its distribution according to rentals and sales prices, employment, wages and other factors affecting housing needs; and to make the results of such studies and analyses available to the public and the housing and supply industries including but not limited to, savings and loan associations, mortgage bankers, and real estate companies and accomplishments to date, by Federal, State and local governments. The Section shall have the following re sponsibilities: coordinate those Federal housing planning programs on a State level which relate to State housing programs; provide technical assistance to regional and local sponsors of non profit housing; encourage and cooperate with local and regional housing authorities; provide technical assistance to local govern ments and Area Planning and Development Commissions in rela tion to housing problems; provide technical assistance to organi-

FRIDAY, MARCH 9, 1973

2553

zations and individuals applying for Federal and State housingrelated grants and loans; review and coordinate all state-level housing-planning activities survey and investigate the housing condition and needs, both urabn and rural, throughout the state and make recommendations to the governor and the legislature as to legislation and other measures necessary or advisable to allevi ate any existing housing shortage in the state and to stimulate the industrial and commercial development of the state; and such other powers, duties and responsibilities as may be assigned to the Sec tion by the Division of Community Affairs. The State Building Administrative Board, created by an Act approved April 1, 1969 (Ga. Laws 1969, p. 546), as amended, is heareby assigned to the Department of Community Development for administrative pur poses only."

Section 2. Said Act is further amended by striking from Section 1214, wherever it shall appear, the words "Department of Human Re sources" and substituting in lieu thereof the following:

"State Office of Housing Section",

so that when so amended, Section 1214 shall read as follows:

"Section 1214. Additional Functions Transferred to Depart ment. The functions of the Bureau of State Planning and Com munity Affairs with respect to housing, contained in Ga. L. 1970, pp. 321, 327, section 10(e) (Ga. Code Ann. sec. 40-2916(c)), are transferred to the State Office of Housing Section. Unless incon sistent with this Act, any reference in Georgia laws to the Bureau of State Planning and Community Affairs with respect to its housing functions means the State Office of Housing Section."

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

The following floor substitute, offered by Mr. Brown of the 34th, was read and adopted:
A BILL
To be entitled an Act to amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), so as to create within the Department of Human Resources the State Office of Housing; to provide for the powers, duties and responsibilities of the Office; to transfer the State Building Administrative Board to the State Office of Housing for administrative purposes only; to transfer certain functions to the Office; 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:

2554

JOURNAL OF THE HOUSE,

Section 1. The Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), is hereby amended by adding at the end of Section 703 the following paragraph:

"There is created within the Department of Human Resources the State Office of Housing which shall be a function of the Com missioner's office. The supervisor of said Office shall be appointed by the Commissioner of Human Resources. The supervisor shall exercise supervision and control over all employees and activities of said Office. The Office shall have the following responsibilities:

(a) development of a State housing program;

(b) the annual Housing Goals Report of Georgia pursuant to Georgia Joint House and Senate Resolution 248 (1970) and to Sec tion 10 (e), Georgia Act 1066 (1970). Said report shall include, but not be limited to, an assessment of the housing problems in Georgia; an identification of housing needs, including data with respect to population and family groups and the distribution there of according to income groups, the amount and quality of available housing and its distribution according to rentals and sales prices, employment, wages and other factors affecting housing needs; and to make the results of such studies and analyses available to the public and the housing and supply industries including, but not limited to, savings and loan associations, mortgage bankers, and real estate companies; and accomplishments to date by Federal, State and local governments, and a housing plan and program for the State;

(c) coordinate those Federal housing planning programs on a level which relate to State housing programs;

(d) provide technical assistance to regional and local sponsors of nonprofit housing projects;

(e) encourage and cooperate with local and regional housing authorities;

(f) provide technical assistance to local governments and Area Planning and Development Commission in relation to housing prob lems;
(g) provide technical assistance to organizations applying for housing-related grants, subsidies and loans;
(h) review and coordinate those State level housing-planning activities;
(i) survey and investigate the housing conditions and needs, both urban and rural, throughout the State and make recommenda tions to the Governor and the Legislature as to legislation and other measures necessary or advisable to alleviate any existing housing shortage in the State and to stimulate the industrial and commercial development of the State; and

FRIDAY, MARCH 9, 1973

2555

(j) such other powers, duties and responsibilities as may be assigned to the Office by the Division of Community Affairs.

(k) to accept, administer, and expend gifts or grants, or other monies from the Federal government or the State or any persons or corporations, and to agree and comply with any conditions at tached to Federal and State financial assistance.

The State Building1 Administrative Board, created by an Act approved April 1, 1969 (Ga. Laws 1969, p. 546), as amended, is hereby assigned to the State Office of Housing for administrative purposes only."

Section 2. Said Act is further amended by striking from Section 1214, wherever it shall appear, the words "Department of Human Resources" and substituting in lieu thereof the following:

"State Office of Housing",

so that when so amended, Section 1214 shall read as follows:

"Section 1214. Additional Functions Transferred to Depart ment. The functions of the Bureau of State Planning and Com munity Affairs with respect to housing, contained in Ga. L. 1970, pp. 321, 327, section 10(e) (Ga. Code Ann. sec. 40-2916(c)), are transferred to the State Office of Housing. Un'ess inconsistent with this Act, any reference in Georgia laws to the Bureau of State Planning and Community Affairs with respect to its housing functions means the State Office of Housing".

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

Those voting in the affirmative were Messrs.:

Alexander, W. H. Alexander, W. M. Atherton Bailey Berlin

Blackshear Bohannon Bond Brown, B. D. Brown, C.

Brown, S. P. Carrell Clark Coney Dean, Gib

2556
Dean, N. Dickey Dixon Edwards Egan Elliott Ellis Ezzard Floyd, L. R. Groover Hamilton Harden Harris, J. R. Hill, B. L. Horton, G. T.

JOURNAL OP THE HOUSE,

Horton, W. L. Howell Hudson Knight Lee, W. S. Levitas Lewis Marcus Mason McKinney Morgan Moyer Northcutt Patten, G. C. Pearce

Petro Rogers Russell, J. Russell, W. D. Savage Shanahan Shepherd Snow Stephens Sweat Vaughn Waddle Walker

Those voting in the negative were Messrs.:

Adams, John Alien Bennett Brantley, H. L. Carr Chance Cole Collins, M. Collins, S. Davis, E. T. Dollar Duke Floyd, J. H. Foster Fraser Geisinger Gignilliat Grahl

Harrington Harris, J. F. Hays Hill, G. Howard Hutchinson Irvin, J. Irvin, R. Johnson Jones Keyton Kreeger Lane, W. J. Lee, W. J. (Bill) Lowrey Matthews, D. R. Mauldin McCracken

McDaniell Nix Oxford Patterson Peters Rainey Reaves Ritchie Smith, J. R. Toles Turner Twiggs Wall Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood

Those not voting were Messrs.:

Adams, G. D. Adams, J. H. Adams, Marvin Beckham Berry Bostick Brantley, H. H. Bray Buck Burruss Burton Busbee Carlisle Castleberry

Coleman Colwell Connell Daugherty Davis, W. Dean, J. E.
Dent Dorminy Evans
Farrar Grantham
Greer Harrison Hawes

Irwin, J. R.
Jessup Jordan King Lambert Lane, Dick Larsen, G. K. Laresen, W. W. Logan Matthews, C. McDonald Miles Milford
Mulherin

Mullinax Murphy Nessmith Noble Odom Patten, R. L. Phillips, G. S. Phillips, L. L. Pinkston

FRIDAY, MARCH 9, 1973

2557

Roach Ross Rush Sams Smith, V. B. Strickland Thomason Thompson Townsend

Triplett Tucker Wamble Ware Wheeler, Bobby Willis Wilson, M. L. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 58, nays 54.

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

Mr. Brown of the 34th served notice that at the proper time he would ask the House to reconsider its action in failing to give a requisite constitutional majority to HB 430, by substitute.

HB 994. By Messrs. Reaves of the 124th, Wamble of the 120th, Collins of the 122nd and others:
A Bill to amend an Act relating to the exemption of property from tax ation, so as to redefine the word "production" as applied to cattle and swine; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act relating to the exemption of property from taxation, approved January 31, 1946 (Ga. Laws 1946, p. 12), as amended by an Act approved March 27, 1947 (Ga. Laws 1947, p. 1183), an Act approved February 23, 1955 (Ga. Laws 1955, p. 262) and an Act approved March 12, 1965 (Ga. Laws 1965, p. 182), so as to define the word "production" as applied to cattle; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act relating to the exemption of property from taxation, approved January 31, 1946 (Ga. Laws 1946, p. 12), as amended by an Act approved March 27, 1947 (Ga. Laws 1947, p. 1183), an Act approved February 23, 1955 (Ga. Laws 1955, p. 262) and an Act ap proved March 12, 1965 (Ga. Laws 1965, p. 182), is hereby amended by

2558

JOURNAL OF THE HOUSE,

adding a new sentence at the end of subsection (a) of Section 1, to read as follows:

"The word 'production' as applied to brood cows shall mean a period of nine months from the time that such brood cows are able to conceive at age twelve months rather than when said brood cows are born."

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

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

On the passage of the Bill, by substitute, the ayes were 141, nays 0.

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

HB 713. By Messrs. McKinney of the 35th, Hudson of the 115th, Wheeler of the 13th and others:
A Bill to amend Code Chapter 88-13, relating to control of ionizing radiation and known as the "Georgia Radiation Control Act", as amended, so as to extend regulation of radiation to include all types of radiation; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckharn 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, M. Collins, S. Coney

Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Ezzard Floyd, L. R.
Eraser Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Harris, J. R. Harrison Hays Hill, B. L. Hill, G. Horton, G. T. Howard Hudson Hutchinson Irvin, J.

FRIDAY, MARCH 9, 1973
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. Levitas Lewis Logan Lowrey Marcus Mason Matthews, D. R. Mauldin McDaniell McDonald McKinney Milford Morgan Moyer Mullinax Nessmith Nix Northcutt Odom Oxford Patterson Peters

Petro Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Toles Triplett Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

2559

Those voting in the negative were Messrs.:

Coleman

Larsen, W. W.

Smith, J. R.

Those not voting were Messrs.:

Adams, J. H. Alien Berry Buck Colwell Daugherty Dent Evans Farrar Floyd, J. H.

Foster Greer Harris, J. F. Hawes Horton, W. L. Howell Jones Lambert Matthews, C. McCracken

Miles Mulherin Murphy Noble Patten, G. C. Patten, R. L. Pearce Phillips, G. S. Pinkston Savage

2560
Strickland Thomason Thompson

JOURNAL OF THE HOUSE,

Townsend
Tucker Ware

Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 139, nays 3.

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

HB 315. By Messrs. Rogers and Harden of the 128th:
A Bill to amend an Act creating the Public School Employees' Retire ment System, so as to authorize certain persons to be employed as public school employees; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an 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 an Act approved April 14, 1971 (Ga. Laws 1971, p. 917), so as to authorize certain persons to be employed as public school em ployees, to become members and to establish prior service credits under the Retirement System; to provide for a procedure for establishing such prior service credits; to provide for notification; to change the provi sions relative to local retirement systems; 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 Public School Employees Retire ment 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 an Act approved April 14, 1971 (Ga. Laws 1971, p. 917), is hereby amended by adding at the end of Section 5 a new subsection, to be designated subsection (f), to read as follows:
"(f) Any provision of this Act to the contrary notwithstand ing, any person, regardless of his age, who would have been able to establish prior service credit under the provisions of this Act had he been employed as a public school employee on the effective date of this Act may be employed as a public school employee some time between July 1, 1973 and December 31, 1973. Upon employment as a public school employee such person shall become a member and may establish prior service credit under Section 5(b) in spite of the fact that he was not a public school employee between Jan-

FRIDAY, MARCH 9, 1973

2561

uary 1, 1971 and July 1, 1970. On or before June 1, 1973, the Board shall inform all public school systems in the State of the provisions of this subsection."

Section 2. Said Act is further amended by striking from the end of paragraph (1) of subsection (a) of Section 18 the following:

"within 90 days after the effective date of this Act.",

and inserting in lieu thereof the following:

"by not later than July 15, 1973.",

so that when so amended said paragraph (1) shall read as follows:

"(1) Any such local unit of administration must make the election whether or not any or all of its public school employees covered by its local retirement or pension system shall become members of the Retirement System created by this Act, and such election must be made in writing to the Board by not later than July 15, 1973.

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:
Mr. Gignilliat of the 105th moves to amend the Committee substitute to HB 315 as follows:
By striking the figure "1971" where it appears in line 4, page 2 and inserting in lieu thereof the figure, "1970".

The Committee substitute, as amended, was adopted.

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

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

2562

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. Atherton Bailey Bennett Berlin 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
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 Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hays Hill, B. L. Hill, G. Horton, G. T.
Howard
Hudson
Hutchinson
Irvin, J.
Irvin, R.
Irwin, J. R.
Jordan King
Knight
Kreeger
Lane, Dick
Lane, W. J.
Larsen, G. K.
Lee, W. J. (Bill)
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, D. R.
Mauldin
McDaniell
McKinney

Miles Milford Morgan Moyer Mulherin Mullinax Nix Northcutt Oxford Patterson Peters Petro Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J.
Sams Shanahan
Shepherd
Snow
Stephens
Sweat
Toles
Townsend
Tucker
Turner
Twiggs
Waddle
Walker
Wall
Ware
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Lee, W. S.

Vaughn

FRIDAY, MARCH 9, 1973

2563

Those not voting were Messrs.:

Alien Beckham Berry Brantley, H. L. Buck Carrell Coleman Colwell Egan Elliott Ezzard Farrar Floyd, J. H. Harris, J. F. Hawes Horton, W. L.

Howell Jessup Johnson Jones Keyton Lambert Larsen, W. W. Levitas Matthews, C. McCracken McDonald Murphy Nessmith Noble Odom Patten, G. C.

Patten, R. L. Pearce Phillips, G. S. Phillips, L. L. Russell, W. D. Savage Smith, J. R. Smith, V. B. Strickland Thomason Thompson Triplett Wamble Wheeler, Bobby Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 131, nays 2.

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

By unanimous consent, HB 315, as amended, was ordered immediately trans mitted to the Senate.

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.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to comprehensively revise the laws relating to the regulation of real estate brokers and salesmen; to provide definitions; to provide for licenses and license fees for real estate brokers and salesmen; to provide for exceptions; to provide for actions; to provide for a Georgia Real Estate Commission, its powers, duties and compensation; to provide for a Real Estate Commissioner, his powers, duties and compensation; to provide for annual reports and the contents thereof; to provide for a seal; to provide for nonresident

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brokers; to provide for hearings and appeals; to provide for separate bank accounts for persons engaged in the real estate business; to pro vide for real estate sales in subdivisions; to regulate real estate con tracts; to provide for certain actions and injunctive relief; to provide for a real estate recovery fund, its purpose and recovery from such fund; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Title 84, relating to professions, businesses and trades, as amended, is hereby amended by striking Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, in its entirety and inserting in lieu thereof a new Code Chapter 84-14 to read as follows:

"CHAPTER 84-14. REAL ESTATE BROKERS AND SALES MEN.
84-1401. Definitions.--As used in this Chapter, the following terms shall have the following meanings except where the context clearly indicates that another meaning is intended:
(a) 'Real estate' shall mean and include business opportunity, condominiums and leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold, and whether the real estate is situated in this State or elsewhere; and shall also include a mobile home when such mobile home is affixed to land. Mobile home means any factory-built structure or structures equipped with the necessary service con nections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit or units.
(b) 'Broker' shall mean any person who, for a fee, commission or any other valuable consideration, or with the intent or expecta tion of receiving the same from another, negotiates or attempts to negotiate, or assists in procuring of prospects for the listing, sale, purchase, exchange, renting, lease or option for any real estate or of the improvements thereon, including persons holding themselves out as referral agents for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, lease or option for any real estate, of collects rents or attempts to collect rents, or who advertises or holds himself out as engaged in any of the foregoing.
'Broker' also includes:
(1) Any person employed by or on behalf of the owner or owners of lots or other parcels or real estate at a salary, fee, commission or any other valuable consideration, to sell such real estate or any part thereof in lots or parcels or other disposition thereof; or

(2) Any person who engages in the business of charging an advance fee or contracting for collecting of a fee in con-

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nection with any contract whereby he undertakes primarily to promote the sale of real estate either through its listing1 in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both; or

(3) any person who, for another and for commission, fee or other valuable consideration or with the intention or ex pectation of receiving the same, directly or indirectly lists, sells, exchanges, buys, rents, manages, offers or attempts to negotiate a sale, option, exchange, purchase or rental of any business opportunity or business, or its good will, inventory or fixtures, or any interest therein; or

(4) any person who for another auctions or offers or attempts or agrees to auction real estate; or

(5) any person who buys or offers to buy, sells or offers to sell, or otherwise deals in options to buy real estate.

(c) 'Associate broker' shall mean a person who acts on behalf of a real estate broker in performing any act authorized by this Chapter to be performed by the broker.

(d) 'Salesman or salesperson' shall mean any person, other than an associate broker, who acts on behalf of a real estate broker in performing any act authorized by this Chapter to be performed by the broker.

(e) 'Person' shall mean and include individuals, corporations and partnerships.

(f) 'Subdivided shall mean any person who causes land to be subdivided into a subdivision for himself or others, or who under takes to develop a subdivision, but does not include a public agency or officer authorized by law to create subdivisions.

(g) 'Purchaser' shall mean a person who acquired or attempts to acquire or succeeds to an interest in land.

(h) 'Commission' shall mean the Georgia Real Estate Com mission.

84-1402. Broker: license required.-- (a) Any person who, di rectly or indirectly for another, with the intention or upon the promise of receiving any valuable consideration, offers, attempts or agrees to perform, or performs, any single act defined in Code Section 84-1401 (b) of this Chapter, whether as a part of a transac tion or as an entire transaction, shall be deemed a broker, associate broker or salesman within the meaning of this Chapter. The com mission of a single such act by a person required to be licensed under this Chapter and not so licensed shall constitute a violation thereof.

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(b) From and after July 1, 1973, it shall be unlawful for any person, directly or indirectly, to engage in or conduct, or advertise or hold himself out as engaging in or conducting the business, or act in the capacity of a real estate broker, associate broker or a real estate salesman within this State without first obtaining a license as such broker, associate broker or salesman, as provided in this Chapter, unless he is exempted from obtaining a license under Code Section 84-1403 hereof.

84-1403. Exceptions.--Except as otherwise provided in this Chapter, the provisions of this Chapter shall not apply to:

(a) any person except a real estate broker or salesman licensed under this Chapter who, as owner, lessor or prospective purchaser or their regular employees, including resident managers, performs any act with reference to property owned, leased or to be acquired by him where such acts are performed in the regular course of, or as incident to, the management of such property and the invest ment therein;

(b) an attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor;
(c) a licensed practicing attorney acting solely as an incident to the practice of law, provided, however, that the attorney complies in all respects with the trust account provisions of this Chapter;
(d) any person acting as receiver, trustee in bankruptcy, administrator, executor or guardian, or while acting under a court order or under the authority of a will or of a trust instrument;

(e) any officer or employee of a federal agency in the conduct of his official duties;
(f) any person employed by a public or private utility who performs any act with reference to property owned, leased or to be acquired by the utility employing that person, where such acts are performed in the regular course of, or as incident to, the manage ment of such property and the investment therein.
84-1404. Actions.-- (a) No person shall bring or maintain any action in the courts of this State for the collection of compensation for the performance of any of the acts mentioned in this Chapter without alleging and proving that he was a duly licensed real estate broker or salesman at the time the alleged cause of action arose.
(b) The Commission by and through its Commissioner may originate a complaint for any violation of this Chapter.

84-1405. Georgia Real Estate Commission; Real Estate Com missioner.-- (a) The Georgia Real Estate Commission is hereby recreated under the Secretary of State and Joint-Secretary, State

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Examining Boards. The Commission shall be composed of five members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate for a term of five years. Each member shall be a licensed real estate broker or salesman who shall have been a resident of this State and actively engaged in the real estate business for five years. The present members of the Commission shall serve for the re mainder o-f their terms of office, as provided by the law under which each was appointed. Upon the expiration of each present member's term of office, a successor shall be appointed for a term of five years and all succeeding appointments made under this sub section shall be for five-year terms. One of the members of this Commission shall be appointed for a term of office of less than two years, said term to end the last Friday in January, 1974. Upon the expiration of this term, such member's successor shall be appointed for a term of five years and all succeeding appointments made under this subsection shall be for terms of five years. One of the members of this Commission shall be appointed for a term of office of less than three years, said term to end the last Friday in January, 1975. One of the members of this Commission shall be appointed for a term of less than four years, said term to end the last Friday in January, 1976. Upon the expiration of this term, such member's successor shall be appointed for a term of five years and all succeeding appointments made under this subsection shall be for terms of five years.

(b) Members of the Commission shall serve until their succes sors are appointed and qualified. Vacancies on the Commission shall be filled by appointment of the Governor, with the approval of the Secretary of State, for the unexpired term of the member creating such vacancy. Three of the five members so appointed shall constitute a quorum for the transaction of any business of the Commission. The Commission shall organize by selecting from its members a chairman and may do all things necessary and convenient to carry into effect the provisions of this Chapter and may, from time to time, promulgate necessary rules and regulations to carry out the provisions of this Chapter. The Commission shall thereafter meet at least once a month, or as often as is necessary, and remain in session as long as the chairman thereof shall deem it necessary to give full consideration to the business before the Commission. Members of the Commission or others may be designated by the chairman of the Commission, in a spirit of cooperation and coordination, to confer with similar commissions of other states and attend interstate meetings and generally do such acts and things as may to the Commission seem advisable in the advance ment of the profession and the standards of the real estate busi ness. Every member of the Real Estate Commission shall receive as compensation for each day actually spent on the work of the Commission and time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum or sums
as are now fixed by law, and he shall also receive, in addition
thereto, his actual necessary expenses incurred while engaged in
the work of the Commission. Said Real Estate Commission is em
powered to recommend to the Secretary of State such assistants or
employees as are necessary to do the work of the Commission and the

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Secretary of State is empowered to employ and dismiss such persons and to fix the compensation of such assistants or employees.

(c) There is hereby established within the Georgia Real Estate Commission the office of Real Estate Commissioner.
(1) The Commissioner shall be a full-time employee of the Commission and shall serve as the chief executive officer of the Commission. The Commission shall recommend the name of a person to serve as Real Estate Commissioner and his annual salary to the Secretary of State. The Secretary of State shall appoint the Real Estate Commissioner and fix his annual salary. Any person, in order to qualify for appointment to the office of Real Estate Commissioner, shall be a person of good moral character and shall possess such qualifications as the Commission may require. The Real Estate Commissioner shall hold no interest in any real estate business or related business while serving as Commissioner. The Secretary of State shall have discretionary authority to disapprove any person who does not possess the qualifications to perform the duties and functions required of the Real Estate Commissioner.
(2) The Real Estate Commissioner shall take an oath to faithfully discharge the duties of his office.
(3) The Real Estate Commissioner shall be charged with the duties and powers as delegated by the Georgia Real Estate Commission.
(4) The Real Estate Commissioner shall be allowed re imbursement for travel and other expenses necessarily incurred in the performance of his duties the same as other state officers and employees and shall receive payment of the same in the manner herein provided for members of the Real Estate Com mission.

(d) The Commission shall have the power and authority to pass rules and regulations relating to the professional conduct of licensees and administration of, but not inconsistent with, the provisions of this Chapter.

(e) Each member of the Commission shall receive as compensa tion for each day actually spent on his official duties at scheduled meetings the sum of $25.00 and his actual and necessary expenses incurred in the performance of his official duties.

(f) The Commission, through its Chairman, shall file a written report with the Governor and a copy thereof, with both Houses of the General Assembly, on or before the second Tuesday in Janu ary of each year. The Governor may request a preliminary report prior to such an annual report. The report shall include a summary of all actions taken by the Commission, a financial report of income and disbursements, staff personnel and numbers of persons licensed

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by the Commission. The report shall further delineate steps taken in education and research of the department to disseminate informa tion so that all licensees can be better informed in order to protect the public. The Commission shall also outline a program of education and research for each ensuing year for which a line appropriation shall be requested.

84-1406. Seal.--The Commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'State Real Estate Commission, State of Georgia', and such other device as the Commission may desire included thereon, by which it shall authenticate the acts of the Commission. Copies of all records and papers in the office of the Commission, certified by the signature of the Commissioner and the seal of the Commission, shall be re ceived in evidence in all cases equally and with like effect as the originals.

84-1407. Attorney General.--Whenever, in the judgment of the Commission, any person has engaged in any acts or practices which constitute or will constitute a violation of this Chapter, the Attorney General may maintain an action in the name of the State of Georgia in the superior court of the county wherein such violation occurred to abate and temporarily and permanently enjoin such acts and practices and to enforce compliance with this Chapter. The plaintiff shall not be required to give any bond nor shall any court costs be ajudged against the plaintiff.

84-1408. Licensure regulated.--The Commission shall have the full power to regulate the issuance of licenses and to revoke or suspend licenses issued under the provisions of this Code Chapter and to censure licensees.

84-1409. Application for license.--Any person desiring to act as a real estate broker or real estate salesman must file an applica tion for a license with the Commission. The application shall be in such form and detail as the Commission shall prescribe, setting forth the following:

(a) the name and address of the applicant or the name under which he intends to conduct business and, if the applicant be a partnership, the name and residence address of each member thereof and the name under which the partnership business is to be conducted and, if the applicant be a corporation, the name and address of each of its principal officers;

(b) the place or places, including the city, town or village with the street and street number, if any, where the business is to be conducted; and

(c) such other information as the Commission shall require. 84-1410. Granting and revocation of licenses.-- (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity and competence to transact the business of broker or salesman in such manner as to safeguard the

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interest of the public, and only after satisfactory proof of such qualifications has been presented to the Commission. The Com mission shall grant a license to a corporation or partnership only if the stockholder or partner having a controlling interest therein bears a good reputation for honesty, trustworthiness and integrity.

(b) Where an applicant has been convicted of forgery, em bezzlement, obtaining money under false pretenses, larceny, extor tion, conspiracy to defraud, or other like offense or offenses, or has been convicted of a felony or a crime involving moral turpitude, and has been convicted thereof in a court of competent jurisdiction of this or any other state, district or territory of the United States, or of a foreign country, such untrustworthiness of the applicant, and the conviction may, in itself, be a sufficient ground for refusal of a license.

(c) Where an applicant has made a false statement of material fact on his application, such false statement may, in itself, be sufficient ground for refusal of a license.

(d) Grounds for suspension or revocation of a license, as provided for by this Chapter, shall also be grounds for refusal to grant a license.

84-1411. Qualifications.--No broker's or salesman's license shall be issued to any person who has not attained the age of eighteen years nor to any person who is not a resident of the State of Georgia unless he has fully complied with the provisions of Section 84-1415 nor to any person who is not a citizen or has not filed his intent to become a citizen of the United States. No broker's or salesman's license shall be issued to any person who is not a high school graduate or the holder of a certificate of equivalency.
The license of a real estate salesman shall not be renewed on January 1 following the second anniversary of its original issuance date unless the salesman shall furnish evidence of completion of thirty in-class hours in a course of study approved by the Com mission or, in lieu thereof, a correspondence course approved by the Commission.
Each applicant for a broker's license shall have first served actively for three years as a licensed salesman and (1) shall furnish evidence of completion of sixty in-class hours in a course of study approved by the Commission or, in lieu thereof, a correspondence course approved by the Commission, or (2) shall furnish a certificate that he has passed a course of at least fifteen credit hours in subjects related to real estate at an accredited university or college. The applicant for a license must pass a written examination cover ing generally the matters confronting real estate brokers and sales men. Such examination may be taken before the Commission or any person designated by the said Commission. Failure to pass the examination shall be grounds for denial of license without further hearing. The Commission may prepare and distribute to licensees under this Chapter informational material deemed of assistance in the conduct of their business.

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84-1412. License fees.-- (a) To pay the expense of the main tenance and operation of the office of the Commission and the en forcement of this Chapter, the Commission shall, at the time an application is submitted, collect from an applicant for each broker's, associate broker's or salesperson's examination a fee of $25.00 and an investigation fee if necessary. If the applicant fails to pass the original examination, the applicant may take the examination one more time within a 12-month period for a fee of $25.00. If the applicant fails the second examination then the third and all subsequent examinations may be taken upon the payment of $25.00 for each examination. Prior to the issuance of an original license, each applicant who has passed the examination, as required by Code Section 84-1410, shall pay a license fee in advance as follows: for a broker's or associate broker's license, $50.00, and for a sales person's license, $15.00. Effective January 1, 1974, all licenses shall be issued biennially and shall be renewed as of January 1 of each even-numbered year.

(b) After the issuance of the first license to an applicant, such license shall cover the remaining period of the biennium. All licenses will expire at 12:00 p.m. on the 31st day of December in each odd-numbered year.

(c) The biennial license renewal fees according to this Chapter shall be due and payable as follows:' application and fees for real estate broker, associate broker and salesperson shall be filed on or before September 1 prior to the expiration of said license at 12:00 p.m. on December 31 of the licensing biennial period.

(d) The real estate broker's and the associate broker's biennial license fee shall be $50.00 and a salesperson's biennial renewal fee shall be $15.00. A license fee for renewal may be filed after September 1 by paying a late renewal fee of $10.00 on or before 12:01 a.m. January 1 of the biennial licensing period. All fees shall be deposited with the Joint-Secretary for the expenses of the Commission. This Code Section shall not obviate any other fees or conditions required to maintain such license in accordance with
this Chapter.

(e) Any real estate salesperson who is temporarily unemployed or not actively engaged in behalf of a broker may continue his license by making application thereof before December 1 of each year by submitting a fee of $10.00, together with an application on which he has noted his present 'inactive status'. Any salesperson whose license has been placed in an inactive status shall not be permitted to engage in the real estate business. To reinstate his license, he must secure a broker's signature for whom he wishes to act. On or after January 1, 1977, any licensee who has been inactive for a continuous period of more than three years shall be reinstated only if the licensee has met the examination requirements as an original applicant.

(f) Any check presented to the Commission as a fee for either an original or renewal license or for examination for license, which

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is returned unpaid, shall be cause for revocation or denial of li cense.

84-1413. Fees.--All fees collected under this Chapter shall be deposited by the Joint-Secretary, State Examining Boards, into the State Treasury. Out of the funds thus arising shall be paid the expenses contemplated herein for the administration and enforce ment of the provisions of this Chapter. All expenditures authorized by the Commission shall be paid from the funds received under the provisions of this Chapter. The expenses of the Commission and the Office of Real Estate Commissioner must always be kept within the income collected and deposited in accordance with the provisions of this Chapter, and the expense thereof shall not be supported or paid from any other state fund.

84-1414. Corporations and partnerships.--On and after July 1, 1973, no original broker's license shall be granted to a corporation or partnership unless said corporation or partnership designates a qualifying broker who shall have more than a. nominal interest in said corporation or partnership, and every member or officer of said corporation or partnership who actively participates in the real estate brokerage business of such partnership or corporation shall obtain a license as a real estate broker, and every person who acts as a salesman for such partnership or corporation shall hold a license as an associate broker or a real estate salesman.

84-1415. Nonresident brokers.-- (a) A nonresident of this State who is actively engaged in the real estate business and who main tains a place of business in his resident state and who has been duly licensed in such other state to conduct such business in that state, such state having entered into a reciprocal agreement with the State Real Estate Commission in regard to the issuance of reciprocal licenses, may, in the discretion of the Commission, be issued a nonresident broker's license.

A nonresident salesman who acts in behalf of a broker holding a nonresident broker's license may, in the discretion of the Com mission, be issued a nonresident salesman's license under such nonresident broker.

Should such nonresident licensee become a resident of the State of Georgia or desire to maintain a place of business in this State or to act for a broker maintaining a place of business in this State, he must secure a regular resident license in compliance with the statutes and rules governing original resident applicants; provided, that if another state requires a resident of this State to maintain a place of business in such other state, a resident of such other state shall maintain a place of business in this State and need not secure a regular resident license to maintain such place of business in this State.

A nonresident of this State shall meet the same rules and requirements of his resident state in order to obtain a reciprocal license in this State.

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(b) Prior to the issuance of a license to a nonresident broker, he shall file with the Commission a designation in writing that appoints the Real Estate Commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the Commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee, which is served upon such agent, shall be of the same legal force and validity as if served upon the licensee, and that the authority shall continue in force so long as any liability remains outstanding in this State. Upon the receipt of all such process or notices, the Commissioner shall forthwith mail a copy of the same by certified mail to the last known business address of said licensee.

(c) Prior to the issuance of said license to any nonresident, he must file with the Commission a duly certified copy of the license issued by such nonresident for the conducting of such busi ness in any other state and pay to said Commission the same license fee as herein provided for the obtaining of a broker's or salesman's license in this State.

(d) Nonresident licenses granted under reciprocal agreements, as provided in this Section, shall remain in force, unless suspended or revoked by the Commission for just cause or for failure to pay the renewal fee, and only as long as a reciprocal agreement is in effect between this State and the resident state of the nonresident license.

84-1416. Nonacceptance of applications; hearings.--If the Com mission, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to accept said application, the Commission shall provide for a hearing for such applicant in accordance with the 'Georgia Administrative Procedure
Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. Any person who has exhausted all administrative remedies available within this Chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with said 'Georgia Administrative Procedure Act'.

84-1417. Form of license.--The Commission shall prescribe the form of the license. Each license shall have placed thereon the seal of the Commission. The license of each real estate salesman and associate broker shall be delivered or mailed to the real estate broker for whom the real estate salesman or associate broker is acting as an associate broker or salesman, and shall be kept in the custody and control of such broker. It shall be the duty of each broker to conspicuously display his own license and those of his associate brokers and salesmen in his place of business. The Commission shall annually prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensed real estate broker or a licensed real estate associate broker or

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salesman, as the case may be, stating the period of time for which fees have been paid, and including, on real estate salesman's and associate broker's cards only, the name and address of the broker for whom such real estate salesman or associate broker is acting. If a real estate broker maintains more than one place of business within the State, a branch office license shall be issued to such broker for each branch office so maintained by him upon the payment of a biennial fee of $50.00, and the branch office license shall be conspicuously displayed in each branch office. The manager of a branch office must be an officer of the corporation, a partner or an associate broker.
84-1418. Change in address.-- (a) Should the broker change his place of business, he shall notify the Commission, in writing, within ten days of such change, and thereupon a new pocket card shall be granted to the broker and to his associate brokers and sales men.
(b) Where a salesman or associate broker leaves a broker for whom he is acting, the principal broker shall immediately forward the license of said licensee to the Commission and shall furnish such information regarding the termination of said licensee, as the Commission may require, and said licensee shall immediately forward his or her pocket card to the Commission.
(c) Where a salesman or associate broker transfers from one broker to another, or where an associate broker changes his status from an associate broker to that of a broker, or where a broker changes his status to that of an associate broker, then a transfer fee of $10.00 shall be paid to the Commission.
84-1419. Separate account for real estate business.-- (a) Each broker shall maintain a separate bank checking account in this State which shall be designated a trust account wherein all downpayments, earnest money deposits or other trust funds received by the broker, his associate brokers or his salesmen, on behalf of his principal or any other person, shall be deposited.
(b) Each broker shall notify the Commission of the name of the bank in which the trust account is maintained and also the name of the account on forms provided therefor.
(c) Each broker shall authorize the Commission to examine such trust account by a duly authorized representative of the Commission. Such examination shall be made annually or at such time as the Commission may direct.
(d) A broker may maintain more than one trust account if the Commission is advised of such account, as specified in sub sections (a), (b) and (c) of this Section.
(e) In the event a branch office maintains a separate trust account, a separate bookkeeping system shall be maintained for the branch office.

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2575

(f) A broker shall not be entitled to any part of the earnest money or other money paid to him in connection with any real estate transaction as part or all of his commission or fee until the transaction has been consummated or terminated.

(g) Any licensed real estate broker or salesman, acting in the capacity of principal in the sale of interests in real estate owned by him, shall deposit in a Georgia bank or trust company or any foreign bank which authorizes the Secretary of State to examine its records of such deposits, in a trust account, those parts of all payments received on contracts which are necessary to meet any amounts concurrently due and payable on any existing mortgages, contracts for deed or other conveyancing instruments, reserves for taxes and insurance or any other encumbrance on such receipts. Such deposits shall be maintained until disbursement is made under the terms of the encumbrance pertaining thereto, and proper ac counting on such property made to the parties entitled thereto.

84-1420. Violations involving real estate accounts.--Whenever it shall appear to the Commission from any examination or report provided by the laws of this State that a broker has failed to comply with the provisions of Code Section 84-1419, or if any broker or the officers of any corporation licensed as a real estate broker shall refuse to submit their books, papers and affairs to the inspection of any examiner, the Commission shall have reason to conclude that the trust account of such broker is in an unsafe or unsound condition and the Commission shall forthwith submit a complete report to the Attorney General of all information available to it. An action may be brought by the State of Georgia to enjoin such broker from engaging in or continuing such violation or doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding such preliminary or final injunctions as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound and appoint a receiver for the property and business of the defendant, including books, papers, documents and records pertaining thereto, or as much thereof as the court may deem reasonably necessary to prevent violations of the law or injury to the public through, or by means of, the use of such property and business. Such receiver, when so appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up and liquidation of such property and business as shall, from time to time, be conferred upon him by the court.

84-1421. Unfair practices.--The Commission may, upon its own motion, and shall, upon the sworn complaint in writing of any person, investigate the actions of any real estate broker, associate broker or real estate salesman and shall have power to censor said license or to revoke or suspend any license issued under this Chapter whenever said license has been obtained by false or fraudulent representation, or said licensee has been found guilty of any unfair trade practices, including, but not limited to, the following:

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(1) Refusing, because of race, color, national origin or ethnic group, to show, sell or rent any real estate for sale or rent to prospective purchasers or renters;

(2) intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies or services of the business conducted;

(3) failing to account for and remitting any money coming into his possession belonging to others;

(4) commingling the money or other property of his principals with his own;

(5) Failing to maintain and deposit in a separate, noninterest-bearing checking account all money received by said broker acting in said capacity, or as escrow agent or the tempo rary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing;

(6) accepting, giving or charging any undisclosed com mission, rebate, direct profit or expenditures made for a principal;

(7) representing or attempting to represent a real estate broker, other than the employer, without the express knowledge and consent of the employer;

(8) accepting a commission or other valuable consideration by an associate broker or salesman from anyone other than his employing broker without the consent of his employing broker;

(9) acting in the dual capacity of agent and undisclosed principal in any transaction;

(10) guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real prop erty;

(11) placing a sign on any property offering it for sale or rent without the written consent of the owner or his au thorized agent, and failing to remove such sign within ten days after the expiration of listing;

(12) offering real estate for sale or lease without the knowledge and consent of the owner or his authorized agent or on terms other than those authorized by the owner or his authorized agent;
(13) inducing any party to a contract of sale or lease to

FRIDAY, MARCH 9, 1973

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break such contract for the purpose of substituting in lieu thereof a new contract with another principal;

(14) negotiating a sale, exchange or lease of real estate directly with an owner or lessor if he knows that such owner has a written outstanding contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker;

(15) accepting employment or compensation for appraising real estate contingent upon the reporting of a predetermined value or issuing an appraisal report on real estate in which he has an undisclosed interest;

(16) soliciting, selling or offering for sale real estate by offering free lots or conducting lotteries for the purpose of influencing a purchaser or prospective purchaser of real estate;

(17) paying a commission or compensation to any person for performing the services of a real estate broker, associate broker or real estate salesman who has not first secured his license under this Chapter or is not cooperating as a nonresident who is licensed in his state of residence;

(18) failing to include a fixed date of expiration in any written listing agreement, and failing to leave a copy of said agreement with the principal;

(19) failing to deliver, within a reasonable time, a com pleted copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller;

(20) failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consum mated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller, or failure to deliver to the buyer a complete state ment showing all money received in said transaction from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in his files;

(21) making any substantial misrepresentations;

(22) acting for more than one party in a transaction with out the knowledge of all parties for whom he acts;

(23) failure of an associate broker or salesman to place, as soon after receipt as is practicably possible, in the custody of his employing broker, any deposit money or other money for funds entrusted to him by any person dealing with him as the representative of his licensed broker;

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(24) filing a listing contract or any document or instru ment purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists;

(25) having demonstrated unworthiness or incompetency to act as a real estate broker or salesman in such manner as to safeguard the interest of the public; or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing;

(26) obtaining an exclusive listing or sales contract from any owner knowing or having reason to believe that another broker has an exclusive listing on the property, unless he has written permission from the broker having the first exclusive
listing.

84-1422. Hearings; appeals.--Before the Commission shall cen sure a license or before revoking or suspending a license, it shall pro vide for a hearing for such holder of a license in accordance with the 'Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. Any person who has exhausted all administrative remedies available within this Chap" ter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with said 'Georgia Admin istrative Procedure Act'.

84-1423. Copartnerships.--In the event of the revocation or suspension of the license issued to any member of the copartnership or to any officer of a corporation, the license issued to such co partnership or corporation shall, however, be revoked by the Com mission unless, within a time fixed by the Commission, where a copartnership, the connection therewith of the member whose license has been revoked shall be severed and his interest in the copartner ship and his share in its activities brought to an end, or where a cor poration, the offending officer shall be discharged and shall have no further participation in its activities.

84-1424. Real estate recovery fund; exceptions; fees.-- (a) The Commission is authorized and directed to establish and maintain a real estate recovery fund from which any person, except bonding companies when they are not principals in a real estate transaction, aggrieved by an Act, representation, transaction or conduct of a duly licensed broker or salesman which is in violation of the pro visions of this Chapter or the regulations promulgated pursuant thereto, may recover by order of the superior court or other court of the county having competent jurisdiction where the violation oc curred for only actual or compensatory damages, and not including interest and costs sustained by the act, representation, transaction or conduct; provided, that nothing shall be construed to obligate the fund for more than $10,0000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate involved in such transaction. In addition:

FRIDAY, MARCH 9, 1973

2579

(1) This Code Section shall not be construed to obligate the fund for the acts of a broker or salesman while acting on his own behalf in property owned or controlled by him.
(2) The liability of the fund for the acts of a duly licensed broker or salesman, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $20,000.00 on behalf of such licensee.

(3) A licensee acting as a principal or agent in a real estate transaction has no claim against the fund.
Any broker or salesman holding a license on the effective date of this Act shall file the fee required of the original applicant. When any person makes application for an original license to prac tice as a broker, he shall pay, in addition to his original license fee, a fee of $20.00 for deposit in the real estate recovery fund. When any person makes application for an original license to practice as a salesman, he shall pay, in addition to his original license fee, a fee of $10.00 for deposit in the real estate recovery fund. In the event that the Commission does not issue the license, this fee shall be returned to the applicant.

(b) If, on December 31 of any year, the balance remaining in the real estate recovery fund is less than $200,000.00, every broker, when renewing his license during the following license year, shall pay, in addition to his license renewal fee, a fee of $10.00 for de posit in the real estate recovery fund, and every salesman, when renewing his license during such year, shall pay, in addition to his license renewal fee, a fee of $5.00 for deposit in the real estate recovery fund.

(c) (1) No action for a judgment which subsequently re sults in an order for collection from the real estate recovery fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person com mences action for a judgment which may result in collection from the real estate recovery fund, the aggrieved person shall notify the Commission in writing, by certified mail, return re ceipt requested, to this effect at the time of the commencement of such action. The Commission shall have the right to inter vene in and defend any such action.

(2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any broker or salesman for any act, representation, transaction or conduct which is in violation of the provisions of this Chapter or the regulations promulgated pursuant thereto, which occurred on or after July 1, 1973, the aggrieved person may, upon the termina tion of all proceedings, including reviews and appeals in con nection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the Commission, may apply to the court for an order

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directing payment out of the real estate recovery fund of the amount unpaid upon the judgment subject to the limitations stated in this Section.
(3) The court shall proceed upon such application in a summary manner, and, upon the hearing thereof, the aggrieved person shall be required to show:
(i) he is not a spouse or debtor, or the personal representa tive of such spouse;
(ii) he has complied with all the requirements of this Code Section;
(iii) he has obtained a judgment, as set out in subsection (c) (2) of this Code Section, stating the amount thereof and the amount owing thereon at the date of the application, and, that in such action, he had joined any and all bonding com panies which issued corporate surety bonds to the judgment debtors as principals and all other necessary parties;
(iv) he has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judg ment debtor liable to be levied upon in satisfaction of the judg ment could be found, or that the amount realized on the sale of them or of such of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application thereon of the amount realized;
(v) he has caused the judgment debtor to make discovery under oath concerning his property, in accordance with the 'Georgia Civil Practice Act', approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended;
(vi) he has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment;
(vii) that by such search he has discovered no personal or real property or other assets liable to be sold or applied, or that he has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied, and that he has taken all necessary action and proceedings from the realization thereof, and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized;
(viii) that the following items, if any, as recovered by him, have been applied to the actual or compensatory damages awarded by the court:

FRIDAY, MARCH 9, 1973

2581

(A) any amount recovered from the judgment debtor or debtors;

(B) Any amount recovered from the bonding company or companies;

(C) any amount recovered in out of court settlements as to particular defendants.

(4) Whenever the aggrieved person satisfies the court that it is not practicable to comply with one or more of the require ments enumerated in subparagraphs (iv), (v), (vi), (vii) and (viii) of subsection (c) (3) of this Code Section and that the aggrieved person has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such require ments.

(5) The court shall make an order directed to the Com mission requiring payment from the real estate recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limi tations contained in this Code Section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by subsection (c) (3) of this Code Section and that the aggrieved person has fully pursued and exhausted all remedies available to him for recovering the amount awarded by the judgment of the court.

(6) Should the Commission pay from the real estate re covery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensed broker or sales man, the license of such broker or salesman shall be auto matically terminated upon the issuance of a court order au thorizing payment from the real estate recovery fund. No such broker or salesman shall be eligible to receive a new license until he has repaid in full, plus interest at the rate of six per cent a year, the amount paid from the real estate recovery fund on his account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this sub section.

(7) If, at any time, the money deposited in the real estate recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the Commission shall, when sufficient money has been deposited in the real estate recovery fund, satis fy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of four percent a year.

(d) The sums received by the Commission pursuant to any provisions of this Code Section shall be deposited into the State Treasury and held in a special fund to be known as the real estate

2582

JOURNAL OF THE HOUSE,
recovery fund, and shall be held by the Commission in trust for carrying out the purposes of this Code Section. These funds may be invested in any investments which are legal for domestic life insurance companies under the laws of this State, and the interest from these investments shall be deposited to the credit of the real estate recovery fund, and shall be available for the same purposes as all other money deposited in the real estate recovery fund.
(e) It shall be unlawful for any person or his agent to file with the Commission any notice, statement or other document required under the provisions of this Code Section which is false, untrue or contains any material misstatement of fact and shall constitute a misdemeanor.
(f) When the Commission receives notice, as provided in sub section (c), the Commission may enter an appearance, file an answer, appear at the court hearing, defend the action or take what ever other action it may deem appropriate on the behalf and in the name of the defendant, and take recourse through any appropriate method of review on behalf and in the name of the defendant.
(g) When, upon the order of the court, the Commission has paid from the real estate recovery fund any sum to the judgment creditor, the Commission shall be subrogated to all of the rights of the judgment creditor, and the judgment creditor shall assign all his right, title and interest in the judgment to the Commission, and any amount and interest so recovered by the Commission on the judgment shall be deposited to the fund.
(h) The failure of an aggrieved person to comply with all the provisions of this Code Section shall constitute a waiver of any rights hereunder."
Section 2. Any person or corporation acting as real estate broker or real estate salesman within the meanings of Code Chapter 84-14 without a license, and all persons, who violate any other provisions of said Chapter, shall be guilty of a misdemeanor.
Section 3. This Act shall become effective on July 1, 1973.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:
Mr. Alexander of the 38th moves to amend the Committee substitute to HB 576 by adding on line 12, page 19, after the word "trust", the words "or escrow".

An amendment, offered by Mr. Johnson of the 68th, was read and lost.

FRIDAY, MARCH 9, 1973

2583

The following amendment was read and adopted:

Mr. Johnson of the 68th moves to amend the Committee substitute to HB 576 by striking on page 19, line 24, the word "shall" and inserting the word "may".

The following amendment was read:
Mr. Johnson of the 68th moves to amend the Committee substitute to HB 576 by striking on page 2, line 13 through 19.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Bailey Beckham Blackshear Bohannon Bond Brantley, H. L. Burton Carlisle Castleberry Clark Coleman Collins, M. Celling, S. Davis, E. T.
Dean, Gib
Dean, N.
Dent
Dixon
Dollar
Dorminy
Duke
Egan
Elliott
Farrar
Foster
Fraser
Geisinger

Gignilliat Grahl Grantham Groover Harden Harris, J. R. Harrison Hays Horton, G. T. Howell Hudson Jessup Johnson Jones Jordan Keyton Knight Kreeger Lane, Dick
Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Levitas
Logan
Lowrey
Marcus
Mason
McDonald
McKinney
Miles
Milford

Moyer Mulherin Nessmith Northcutt Oxford Patterson Peters Rainey Reaves Ritchie Russell, W. D. Sams Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Toles
Triplett
Tucker
Turner
Twiggs
Waddle
Walker
Wall
Wheeler, J. A.
Whitmire
Williams
Wood, J. T.

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JOURNAL OP THE HOUSE,

Those voting in the negative were Messrs.

Alexander, W. M. Berlin Bostick Brown, C. Brown, S. P. Busbee Chance Cole Coney Connell Davis, W. Dean, J. E. Edwards Evans

Floyd, J. H. Ployd, L. R. Greer Harris, J. F. Hill, G. Horton, W. L. Howard Hutchinson Irwin, J. R. King Lee, W. S. Mauldin McDaniell
Morgan

Nix Noble Odom Patten, G. C. Phillips, L. L. Pinkston Roach Rogers Russell Savage Vaughn Wamble Willis

Those not voting were Messrs.:

Adams, J. H. Atherton Bennett Berry Brantley, H. H. Bray Brown, B. D. Buck Burruss Carr Carrell Colwell Daugherty Dickey Ellis

Ezzard Hamilton Harrington Hawes Hill, B. L. Irvin, J. Irvin, R. Lambert Lewis Matthews, C. Matthews, D. R. McCracken Mullinax Murphy Patten, R. L.

Pearce Petro Phillips, G. S. Ross Rush Shepherd Strickland Thomason Thompson Townsend Ware Wheeler, Bobby Wilson, J. M. Wilson, M. L. Mr. Speaker

On the adoption of the amendment, the ayes were 94, nays 41.

The amendment was adopted. An amendment, offered by Mr. Harris of the 51st, was read and lost.

The following amendments were read and adopted:
Mr. Harris of the 51st moves to amend the Committee substitute to HB 576 by striking from quoted Code Section 84-1421, on page 21, line 22, the words:
"censor said license"

FRIDAY, MARCH 9, 1973

2585

and substituting the words: "censure said licensee".

Mr. Harris of the 51st moves to amend the Committee substitute to HB 576 as follows:

By striking in its entirety paragraph (3) of subsection (b) of Code Section 84-1401, which begins on line 8 of page 3 and reads as follows:

"(3) any person who, for another and for commission, fee or other valuable consideration or with the intention or expectation of receiving the same, directly or indirectly lists, sells, exchanges, buys, rents, manages, offers or attempts to negotiate a sale, op tion, exchange, purchase or rental of any business opportunity or business, or its good will, inventory or fixtures or any interest therein; or",

and by renumbering paragraphs (4) and (5) as (3) and (4), re spectively.
Mr. Harris of the 51st moves to amend the Committee substitute to HB 576 as follows:

By adding in paragraph (5) of subsection (b) of Code Section 84-1401, between the word "who" and the word "buys" on line 20 of page 3, the following language:
"for another".

Mr. Harris of the 51st moves to amend the Committee substitute to HB 576 as follows:
By striking from Code Section 84-1407, beginning on line 17 of page 10, the following language:
"nor shall any court cost be adjudged against the plaintiff".
Mr. Harris of the 51st moves to amend the Committee substitute to HB 576 as follows:
By striking the period at the end of subsection (f) of Code Sec tion 84-1403, at the end of line 27 of page 5, and inserting in lieu there of the following: ";", and by adding at the end of Code Section 84-1403, which ends on line 27 of page 5, three new subsections to be designated (g), (h) and (i), respectively, to read as follows:
"(g) any person who, as owner or through another person en gaged by such owner on a full-time basis, buys, sells, leases, man ages, auctions or otherwise deals with property owned by such person;

(h) any person employed on a full-time basis by the owner of property for the purpose of selling, buying, leasing, managing, auc tioning or otherwise dealing with such property;

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JOURNAL OP THE HOUSE,

(i) any person acting as a referral agent who is not involved in the actual negotiations, execution of documents, collection of rent, management of property or other related activity which involves more than the mere referral of one person to another."

Mr. Harris of the 51st moves to amend the Committee substitute to HB 576 as follows:

By adding in paragraph (2) of subsection (b) of Code Section 84-1401, between the word "fee" and the word "in", on line 2 of page 3, the following:
", other than an advertising fee,".

Mr. Levitas of the 50th moves to amend the Committee substitute to HB 576 by adding to quoted Section 84-1403 at the end thereof the following:

"Nothing contained in this Section shall apply to the Georgia Land Sales Act of 1972 which requires that sales made pursuant thereto be made by persons licensed under this Chapter, except as provided therein".

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. Atherton Bailey Bennett Berlin Blackshear Bohannon Bond Bostick Brown, B. D. Brown, C. Brown, S. P.

Burruss Burton Busbee Carr Carrell Chance Clark Cole Coleman Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.

Dixon Dollar Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Grahl Grantham Greer Groover Harden

Harrington Harris, J. F. Harris, J. R. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

FRIDAY, MARCH 9, 1973

2587

Levitas Logan Lowrey Marcus Mason Matthews, D. R. Mauldin McDaniell McDonald McKinney Milford Morgan Moyer Mullinax Nix Noble Northcutt Odom Patten, G. C. Peters Phillips, G. S. Phillips, L. L. Pinkston

Rainey Reaves Roach Rogers Rush Russell, J. Shanahan Shepherd Stephens Toles Townsend Triplett Tucker Vaughn Waddle Walker Wall Wamble Ware Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.

Adams, Marvin Bray Carlisle Castleberry Collins, M. Collins, S. Dent Dorminy Foster

Harrison Hays Howell Johnson Miles Mulherin Oxford Patterson Russell, W. D.

Smith, V. B. Snow Sweat Turner Twiggs Whitmire Williams Wood

Those not voting were Messrs.:

Alien Beckham Berry Brantley, H. H. Brantley, H. L. Buck Colwell Daugherty Dickey Ezzard Fraser Geisinger

Gignilliat Hamilton Hawes Hill, B. L. Irvin, R. Lane, W. J. Lewis Matthews, C. McCracken Murphy Nessmith Patten, R. L.

Pearce Petro Ritchie
Ross Sams Savage Smith, J. R.
Strickland Thomason Thompson Wheeler, Bobby Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 118, nays 26.

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JOURNAL OP THE HOUSE,

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

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 le gality of a verdict of guilty of any other crime; and for other purposes.

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

On the passage of the Bill, the ayes were 129, nays 0.

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

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; and for other purposes.

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

On the passage of the Bill, the ayes were 137, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 752. By Messrs. Larsen of the 27th, Stephens of the 37th, Willis of the 119th and others: A Bill to amend Code Section 68-221, relating to licensure and registra tion of motor vehicles by non-residents; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 147, nays 0.

FRIDAY, MARCH 9, 1973

2589

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

By unanimous consent, HB 752 was ordered immediately transmitted to the Senate.

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 au thentication of Acts of the legislature of any other state, territory or possession of the United States; and for other purposes.

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

On the passage of the Bill, the ayes were 128, nays 0.

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

HB 947. By Messrs. Snow of the 1st, Walker of the 100th, Russell of the 53rd and others:
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.

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

On the passage of the Bill, the ayes were 148, nays 0.

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

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; and for other purposes.

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JOURNAL OP THE HOUSE,

The following Committee substitute was read:

A BILL

To be entitled an Act to authorize the Department of Administrative Services to formulate and implement a plan for a statewide telecom munications system to serve state government; to provide for legislative intent; to provide for cooperation with the plan by all state agencies; to grant to the Department of Administrative Services the powers to carry out the purposes of this Act; 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. Short Title. This Act shall be known and may be cited as the "Telecommunications Consolidation Act of 1973".

Section 2. Declaration of Intent and Purpose, (a) The recent tele communications improvement study shows that consolidation of certain services into integrated statewide telecommunications systems will re sult in more effective and efficient services to state government.

(b) It is the intention and purpose of the legislature that a state wide telecommunications system be developed, whereby maximum ef ficiency in the utilization of telecommunications services is achieved.

Section 3. Definitions. As used in this Act, the following term shall have the meaning ascribed to it in this Section:

(a) "Telecommunication system" means any system for the trans mission, emission or reception of signs, signals, writings, images, sounds or intelligence of any nature, by wire, radio, optical or other electro magnetic means, excepting systems, facilities, personnel and technology for the purposes of educational radio and television, or for the instruction of the handicapped.

Section 4. Department of Administrative Services to Develop State wide System. The Department of Administrative Services is hereby au thorized and directed to develop a plan to consolidate applicable state government telecommunications services and systems into a consolidated, integrated statewide system and to implement the plan at the earliest possible time. The Department of Administrative Services shall be re sponsible for the management and administration of the consolidated statewide system.

Section 5. Telecommunications Powers and Duties of the Depart ment of Administrative Services. Each user agency shall determine its particular telecommunication service requirements and the site at which such services shall be provided, and it shall be the duty of the Depart ment of Administrative Services to provide the service as determined by each user agency. The Commissioner of the Department of Admin istrative Services shall provide also for the consolidation, integration,

FRIDAY, MARCH 9, 1973

2591

coordination and promotion of joint-use of telecommunications facilities owned or used by state government, and for the management of an ef ficient, economical, reliable, compatible and coordinated statewide tele communications system, and shall take such actions as may be neces sary and desirable to insure the delivery of efficient, effective and eco nomical telecommunications services to user agencies of a consolidated system.

Section 6. System for Equitable Billings, (a) The Commissioner of the Department of Administrative Services shall develop a system or systems for equitable billings and charges for all joint-use telecommuni cations services, equipment, maintenance, operation and other activities connected therewith to be made to the using agencies or entities. A tele communications revolving account is established under the administration of the Department of Administrative Services for the purposes of this Act, including, but not limited to, the purchase, lease or other forms of acquisition of services, supplies, equipment, and the payment of all salaries, wages or any other costs incidental to the provision and main tenance of joint-use telecommunications systems. In order to provide an adequate cash flow as may be necessary for the purposes of this Act, using state agencies or other using entities shall, upon request of the Department of Administrative Services, make monthly payments into the telecommunications revolving account from funds appropriated for telecommunication services.

(b) The Commissioner of the Department of Administrative Ser vices may provide a means whereby local governmental entities may utilize the state telecommunications systems, upon such terms and under such conditions as the Commissioner may establish, providing, however, that such local government entity must bear the cost of such use. The Department of Administrative Services may cooperate with other States and/or the federal government, or any agency thereof, with respect to organizing telecommunications systems in expediting and carrying out regional or wide-area telecommunications networks and may enter into any agreement necessary therefor.

Section 7. Cooperation of State Agencies. All agencies of state government are requested to cooperate with the Department of Admin
istrative Services for the purpose of implementing the provisions of this Act, providing any information requested by the said Department of Administrative Services. After the effective date of this Act, no depart ment, board, authority or any other agency of state government other
than the Department of Administrative Services shall perform the duties or exercise the powers herein, except as provided in this Act, unless the Department of Administrative Services shall delegate such
duties or powers to another agency.

Section 8. Emergency Assumption of Control. In the event a state of emergency or disaster is declared, the Governor may direct the De partment of Defense to assume control over all or part of the statewide telecommunications system for the duration of the state of emergency or disaster.
Section 9. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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JOURNAL OP THE HOUSE,

Section 10. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed, except this Act shall not be interpreted so as to repeal or amend those laws assigning responsibility for educa tional radio and television.

The following amendment was read and adopted:
Mr. Edwards of the 95th moves to amend the Committee substitute to HB 471 as follows:
By renumbering Section 9 and Section 10 as Section 10 and Section 11, respectively, and by inserting after Section 8 on page 4 a new Sec tion, to be designated Section 9, to read as follows:
"Section 9. The Electronic Data Processing-Printing Com mittee created by the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), shall perform the same functions in regard to telecommunications as said Committee per forms in regard to electronic data processing and printing under Section 4 of the Executive Reorganization Act of 1972."

The Committee substitute, as amended, was adopted.

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

On the passage of the Bill, by substitute, as amended, the ayes were 101, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 504. By Mr. Brown of the 67th:
A Bill to amend Code Chapter 88-19, relating to the regulation of hos pitals and related institutions; and for other purposes.

By unanimous consent, further consideration of HB 504 was postponed until Monday, March 12, 1973, immediately after the period of unanimous consents.

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

FRIDAY, MARCH 9, 1973

2593

certain law books to the judge and district attorney of the Superior Court of the Gwinnett 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 ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, HR 201-779 was ordered immediately transmitted to the Senate.

HB 840. By Mr. Edwards of the 95th:
A Bill 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.

The following Committee amendment was read and adopted:
The State Institution and Property Committee moves to amend HB 840 by adding a new section to read as follows:
"Section 3. Effective date July 1, 1974."

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

Atherton Bailey Beckham Bennett Berry Blackshear

Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

2594
Buck Burruss Burton Busbee Carlisle Carr Carrell 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 Dixon Dollar Dorminy Duke Edwards Elliott Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grantham Greer Hamilton Harden Harris, J. F. Harris, J. R. Harrison

JOURNAL OF THE HOUSE,

Hawes Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R.
Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Logan Marcus Mason Matthews, C. McDaniell McKinney Miles Morgan Moyer Mulherin Mullinax Murphy Nix Noble Northcutt Oxford

Patterson Pearce Petro Phillips, L. L. Reaves Roach Rogers Ross Rush 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 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.

Hays Lane, W. J.
Mauldin

McDonald Milford Nessmith

Odom

Those not voting were Messrs.:

Adams, John Berlin Bohannon

Bostick Brown, S. P.
Colwell

Dickey Egan
Ellis

Evans Ezzard Gignilliat Grahl Groover Harrington Horton, W. L. Lambert

FRIDAY, MARCH 9, 1973

2595

Lewis Lowrey Matthews, D. R. McCracken Patten, G. C. Patten, R. L. Peters

Phillips, G. S. Pinkston Rainey Ritchie Thomason Toles Mr. Speaker

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.

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 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.

The following amendments were read and adopted:
Mr. Larsen of the 27th moves to amend HB 972 by striking "the "paronvyi"s.ions of this Act or a" on lines 15 and 16 on page 2 and inserting
Mr. Larsen of the 27th moves to amend HB 972 as follows:
By adding in Section 3, subsection (c) after the period following the word "Act" on page 2, line 11:
"Such rules and regulations shall not affect rights in private property, nor public or private streams, nor impede construction of any nature. Such rules and regulations shall be limited to the regula tion of the capture, killing, or selling of protected species; and the protection of the habitat of said species on public lands.".

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:

2596

JOURNAL OF THE HOUSE,

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 Bostick Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Chance
Clark
Cole
Collins, S.
Coney
Connell
Daugherty
Davis, E. T.
Davis, W.
Dean, J. E.
Dean, N.
Dent
Dixon
Dollar

Dorminy Duke Egan Elliott Evans Farrar Floyd, L. R. Fraser Geisinger Greer Hamilton Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones
Jordan
King
Knight
Kreeger
Lane, Dick
Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lowrey
Marcus
Matthews, C.

Mauldin McKinney Milford Morgan Moyer Mullinax Noble Odom Oxford Patterson Pearce Phillips, L. L. Reaves Ritchie Russell, J. Russell, W. D. Savage Shepherd Smith, V. B. Snow Stephens Sweat Thompson Toles Townsend Triplett
Vaughn
Waddle
Walker
Wall
Ware
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Adams, Marvin Bohannon Castleberry Coleman Colwell Grantham Harden

Harrington Harrison Lane, W. J. Larsen, W. W. McDaniell Miles Northcutt

Rogers Ross Rush Shanahan Smith, J. R. Tucker Twiggs

FRIDAY, MARCH 9, 1973

2597

Those not voting were Messrs.:

Bond Brantley, H. H. Brantley, H. L. Collins, M. Dean, Gib Dickey Edwards Ellis Ezzard Floyd, J. H. Foster Gignilliat Grahl Groover Horton, W. L.

Howard Howell Keyton Lambert Lewis Logan Mason Matthews, D. R. McCracken McDonald Mulherin Murphy Nessmith Nix Patten, G. C.

Patten, R. L. Peters Petro Phillips, G. S. Pinkston Rainey Roach Russell, J. Sams Strickland Thomason Turner Wamble Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 115, nays 21.

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

By unanimous consent, HB 972 was ordered immediately transmitted to the Senate.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Banks and Banking and referred to the Committee on State Planning and Community Affairs:

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.

Mr. Dent of the 78th moved that this House do now adjourn until 10:00 o'clock, A.M., March 12, 1973 and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, A.M., Monday, March 12th, 1973.

2598

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, March 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 Rev. Virlon H. Griner, Pastor, First Baptist Church, Cochran, 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 12, 1973, and submits the following:

HB

6. Department Public Safety, GBI, Widows' Benefits

HB

84. Income Tax, Local Option

MONDAY, MARCH 12, 1973

HB

319. Planning Commissions, Create (Reconsidered)

HB

320. County Municipal Planning and Zoning

HB

336. Supervisor of Purchases, Salary or Additions

HB

368. Teachers Personnel, Provide Tenure

HB

369. Educational Accountability, Improvement

HB

382. Interstate Agreement on Detainers

HB

395. Peace Officer Std. & Training Council

HB

397. Massive water related Rec. events (Reconsidered)

HB

429. Bldg. Adm. Bd., Office of Housing Section

HB

439. Cities and Counties, Budget, Audit (Reconsidered)

HB

445. District Attys. Assoc. Off., Prosecution Coord.

HB

465. Jury Selection, Number of Strikes

HB

480. MFPE, Year-Round School Funds

HB

504. Hospitals & Institutions, Certificate of Need P.P.

HB

666. Bail Bond Business, Persons Eligible

HB

811. Solid Waste Management Injunctive Relief

HR 204.- 832. Spalding County, Courts, Surety Bonds

HB

871. Alcoholic Bev. & Liquor, License of

HB

963. Highway Board, Taking Office as Members

HB

978. Metro Atlanta Rapid Transit Authority Bus width

HB

983. Drug Abuse, Students Statements, Confidential

HB 1008. Air Quality Control, Air Contaminants

HB 1009. Water Quality Control, Sewage

HB 1017. Trustee, procedure to resign his trust

HR 268-1017. Habersham County, Convey Property

HB 1028. Unif. Div. of Public Safety, Power of Arrest

HB 1032. Mortgages on personalty, foreclosure

HB 1054. Tax Collectors & Tax Commissioners, Salaries

HB 1060. Water Supply Quality Control, Notice

HB 1089. Hospital, Pay Overpayment to Surviving Spouse

HB 1115. HB 1118. HB 1120. HB 1181. HR 318-1197.

Employment & Wages, Payment of Wages Constitutional requirement for Appropriations PSC, Fixing Utility Rates Dissolved Corporation, Income taxes Coffee County, Convey Property

2599

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JOURNAL OF THE HOUSE,

ALL COMPENSATION RESOLUTIONS SB 18. Uniform Commercial Code, clearing corporation SB 29. Supreme & Court of Appeals, Interlocutory Appeals SR 50. Baldwin County, Convey Property SB 72. Ga. Ports Authority, Membership SR 81. Meriwether County, Lease of Property SR 102. Richmond County, Convey Property SR 103. Richmond County, Convey Property SB 119. Unsafe Railroad Crossings, designate SB 140. Public Transportation, New Code SB 203. Fiduciaries, Securities depository SB 275. Pardons & Paroles Board, removal of members SB 285. Ports, seaports, harbors, DOT give aid SB 304. Hospital Service Non-Profit Corp. contracts SB 305. Podiatrists, Define

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 114th, Chairman.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 1217. By Mr. Ross of the 72nd:
A Bill to be entitled an Act to amend an Act supplementing the fees paid to the Ordinary of Lincoln County, so as to change the monthly salary of said ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1218. By Mr. Ross of the 72nd: A Bill to be entitled an Act to amend an Act providing compensation for

MONDAY, MARCH 12, 1973

2601

the Treasurer of Lincoln County, so as to change the compensation of said treasurer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1219. By Messrs. Harris of the 8th, Shanahan of the 7th and Roach of the 8th:
A Bill to be entitled an Act to provide for an annual salary for the court reporter of the Cherokee Judicial Circuit; to provide for the compensa tion of a secretary for the court reporter; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1220. By Messrs. Harris of the 8th, Shanahan of the 7th and Roach of the 8th:
A Bill to be entitled an Act to provide for an investigator for the office of the District Attorney of the Cherokee Judicial Circuit; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1221. By Messrs. Pearce of the 87th, Berry of the 86th, King and Davis of the 85th, Buck of the 87th and Thompson of the 86th:
A Bill to be entitled an Act to provide that the homestead of each resi dent of Muscogee County School District who is 62 years of age or older and who has an income not exceeding $6,000 per annum shall be exempt from all ad valorem taxation for educational purposes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1222. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to reincorporate the City of Bowdon in the County of Carroll; to create a new charter for the city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1223. By Messrs. Moyer of the 99th and Waddle of the 98th: A Bill to be entitled an Act to amend an Act incorporating the City of

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JOURNAL OF THE HOUSE,

Warner Robins, so as to permit advance refunding of outstanding revenue bonds by certain methods; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1224. By Mr. Harrison of the 116th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, so as to change the corporate limits of the City of Baxley; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1225 By Mr. Harrison of the 116th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Wayne County, so as to change the compensation of the members of said board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1226. By Mr. Adams of the 84th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners in the County of Harris", so as to change the compensation and expenses of the Chairman and the other members of the Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1227. By Messrs. Atherton of the 19th, Duke and Nix of the 20th, Howard of the 19th, Kreeger of the 21st and Wilson of the 19th:
A Bill to be entitled an Act to provide 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.

HB 1228. By Mr. Turner of the 3rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Varnell, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

MONDAY, MARCH 12, 1973

2603

HB 1229. By Mr. Bray of the 66th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensa tion, so as to change the compensation provisions relating to the clerk of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1230. By Messrs. Twiggs and Colwell of the 4th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Towns County on an annual salary, so as to change the provisions relating to the compensation of the sheriff; to authorize the sheriff to appoint two deputies and a clerk-radio operator; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 331-1230. By Mr. Hill of the 110th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Chatham County to provide for the regulation of horse and dog racing and parimutuel wagering and offtrack betting thereon, in Chatham County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1231. By Messrs. Knight and Ware of the 65th:
A Bill to be entitled an Act to amend an Act incorporating the City of Newnan, so as to change the terms of office of the mayor and alder men of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1232. 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 said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1233. By Messrs. Williams of the 9th, Pinkston and Dickey of 89th and Daugherty of the 33rd:
A Bill to be entitled an Act to revise, classify, consolidate, modernize

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JOURNAL OF THE HOUSE,

and supersede the present laws relating to financial institutions and to establish new laws relating thereto; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1234. By Messrs. Sweat of the 125th and Dixon of the 126th:
A Bill to be entitled an Act to amend an Act placing certain of the county officers of Ware County upon an annual salary, so as to provide for a change in the compensation of the clerk of the superior court; 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 1203. By Mr. Carrell of the 71st:
A Bill to be entitled an Act to provide the date for the regular monthly meeting of the board of commissioners of certain counties (population not less than 23,000 nor more than 23,500) ; and for other purposes.

HB 1204. By Mr. Harrison of the 116th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Wayne County, so as to change the compensation of the members of said board; and for other purposes.

HB 1205. By Mr. Harrison of the 116th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, so as to change the corporate limits of the City; and for other purposes.

HB 1206. By Messrs. Atherton of the 19th, Nix of the 20th, Howard of the 19th, McDaniell and Duke of the 20th and Kreeger of the 21st:
A Bill to be entitled an Act to create the Taxation Study Committee of Cobb County; and for other purposes.

HB 1207. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of East Dublin in the County of Laurens, so as to change the provisions relative to the terms of office and the election of the mayor and councilmen; and for other purposes.

MONDAY, MARCH 12, 1973

2605

HB 1208. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to change the corporate limits of said city; and for other purposes.

HB 1209. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Laurens County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

HB 1210. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Laurens County on an annual salary in lieu of fees, so as to change the compensation of the Ordinary; and for other purposes.

HB 1211. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner, so as to change the compensation of the tax commis sioner; and for other purposes.

HB 1212. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Laurens County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court; and for other purposes.
HB 1213. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act creating the State Court of Laurens County, so as to change the provisions relative to the com pensation of the judge and solicitor; and for other purposes.

HB 1214. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act creating the office of treasurer of Laurens County, so as to change the compensation of the treasurer; and for other purposes.

HB 1215. By Mr. Mason of the 59th:
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

2606

JOURNAL OF THE HOUSE,
the taxes imposed by said Act shall be applicable to certain services; and for other purposes.

HB 1216. By Mr. Mason of the 59th:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to change the rate of the tax imposed under said Act; and for other purposes.

SB 295. By Senator Dean of the 6th:
A Bill to be entitled an Act to provide for the supervision by the Attor ney General of the administration of charitable trusts; and for other purposes.

SB 67. By Senator Lester of the 23rd:
A Bill to be entitled an Act to provide for the inclusion of the Judge of the State Court within the definition of "permanent employee" within the meaning of the pension or retirement laws existing in certain coun ties under certain conditions; and for other purposes.

SB 95. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act providing for the protection of pension rights of employees of certain cities and counties, so as to authorize and direct all officers and employees of any pension fund affected by said Act to make necessary disbursements; and for other purposes.
SB 99. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend an Act providing the procedures whereby a Judge of the State Court of certain counties shall be eligible to become a Judge Emeritus of such Court, so as to provide that Social Security benefits shall not reduce the compensation payable to any Judge Emeritus under the provisions of this Act; and for other purposes.

SR 138. By Senator Hudgins of the 15th: A Resolution authorizing and directing the State Department of Trans portation to erect and maintain certain directional signs; and for other purposes.
SR 168. By Senator Bell of the 5th: A Resolution commending and congratulating the seventeen Certified Municipal Clerks; commending the Georgia Municipal Association, the

MONDAY, MARCH 12, 1973

2607

Georgia Municipal Clerks and Finance Officers, and the University of Georgia's Institute of Government and Center for Continuing Education; and for other purposes.

SB 168. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act authorizing the Department of Transportation to acquire rights-of-way and easements for the con struction of Federal Parkways, as amended, so as to provide a declara tion of policy; and for other purposes.

SB 178. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend an Act authorizing counties to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties, so as to au thorize the Board to appoint a librarian and fix his compensation and for other purposes.

SB 202. By Senator Kidd of the 25th:
A Bill to be entitled an Act to authorize the State or any political sub division to defer with the consent of an employee, an employee's com pensation; and for other purposes.

SB 230. By Senator London of the 50th:
A Bill to be entitled an Act to repeal an Act creating the North Georgia Mountains Authority; to abolish the North Georgia Mountains Author ity; and for other purposes.

SB 261. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, relating to qualifications for mayor; and for other purposes.

SB 288. By Senator Coverdell of the 40th: A Bill to be entitled an Act to amend an Act classifying property for taxation and levying taxes on certain classes of intangible personal prop erty, so as to provide that nothing in said Act shall be construed to require any person whose intangible tax would be less than a certain amount to file an intangible tax return; and for other purposes.
SB 308. By Senator Brown of the 47th: A Bill to be entitled an Act to amend an Act relating to private pas-

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JOURNAL OF THE HOUSE,

senger automobiles and creating a manufacturer's warranty, so as to change the definition of the term "private passenger automobile"; and for other purposes.

SB 309. By Senator Fincher of the 54th:
A Bill to be entitled an Act to provide for the administration of anes thesia by certified registered nurse anesthetists; and for other purposes.

SB 339. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Code Section 22-903, relating to class voting by the holders of the outstanding shares of a class of stock on amendments to the articles of incorporation of a corporation, so as to provide that unless the article of incorporation or certain resolutions provide, the holders of shares of a class shall be entitled to vote on cer tain amendments to the articles; and for other purposes.

SB 361. By Senator McGill of the 24th:
A Bill to be entitled an Act to create a new charter for the City of Lexington; to prescribe the corporate limits of said city; and for other purposes.

SB 364. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to amend an Act changing the compensation of the judges of the juvenile courts in certain counties (population not less than 250,000 and not more than 500,000) ; and for other purposes.

SB 367. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend Code Section 9-105, relating to the appointment of bar examiners by the Supreme Court, so as to change the provisions relating to the number of examiners; and for other pur poses.

SB 369. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend an Act providing that a trust shall be executory and the legal estate shall remain in the trustee, whether or not the beneficiary or beneficiaries are sui juris and whether or not any remainder interest be created, so as to provide that a trust deemed executory by that statute may not be revoked or terminated in whole or in part if it is otherwise irrevocable; and for other purposes.

MONDAY, MARCH 12, 1973

2609

SB 370. By Senator Coggin of the 35th:
A Bill to be entitled an Act to provide for the incorporation by reference of various fiduciary powers into wills, trust, or other instruments in writing; and for other purposes.

SB 371. By Senator Cox of the 21st:
A Bill to be entitled an Act to amend Code Section 26-2907, relating to exemptions for crimes involving dangerous instrumentalities and prac tices, so as to provide an exemption for persons who are authorized to possess weapons because of registration in accordance with the dictates of the National Firearms Act, as amended; and for other purposes.

SB 372. By Senator Cox of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Fire arms and Weapons Act", so as to include the 1968 amendment to the National Firearms Act in the provisions relating to exceptions; and for other purposes.
SR 152. By Senators Hudgins of the 15th, Stephens of the 36th and Zipperer of the 3rd:
A Resolution authorizing the Governor to transfer certain property to Fulton County Voiture 217, La Societe Des Hommes Et 8, Chevaux, Inc., Department of Georgia, a nonprofit Georgia corporation; and for other purposes.

SR 119. By Senator Brown of the 47th:
A Resolution authorizing the severing of Tract No. 3 (presently sub leased to Omni International, Inc.) from that lease, dated January 12, 1960, as amended, originally between the Western and Atlantic Railroad Commission as Lessor, and City Center, Inc. as Lessee, and the releasing of the present Lessees (Downtown Development Corp., FM Air Rights Company and City Center, Inc.) from their obligations as to Tract 3, in cluding the payment of rental therefor, arising under that lease; 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 and Veterans Affairs has had under considera-

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JOURNAL OF THE HOUSE,

tion the following Resolution of the Senate and has instructed me to report same back to the House with the following recommendation:
SR 152. Do Pass.

Respectfully submitted, Gignilliat of the 105th, Secretary.

Mr. Farrar of the 52nd District, Chairman of the Committee on Education, submited the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 232. Do Pass. SB 254. Do Pass.
Respectfully submitted, Northcutt of 68th, 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 Bill of the House and has instructed me to report same back to the House with the following recommendation:
HB 915. Do Pass, by Substitute.
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 Bill

MONDAY, MARCH 12, 1973

2611

of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 59. Do Pass, Substitute.

Respectfully submitted, Lee of the 68th, 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 138. Do Pass. HB 279. Do Pass. SB 55. Do Pass. SB 266. 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--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 Senate and has instructed me to report the same back to the House with the following rec ommendations :
HR 130-480. Do Pass. HB 1006. Do Pass, as Amended. HB 1076. Do Pass. HB 1171. Do Pass. HB 1172. Do Pass. HB 1173. Do Pass. HB 1175. Do Pass, by Substitute.

2612

JOURNAL OF THE HOUSE,

HB 1177. Do Pass. HB 1178. Do Pass. HB 1179. Do Pass. HB 1182. Do Pass. HB 1190. Do Pass. HB 1191. Do Pass. HB 1193. Do Pass. HB 1195. Do Pass. HB 1196. Do Pass. HB 1197. Do Pass. HB 1200. Do Pass. HB 1046. Do Pass, by Substitute. HB 1072. Do Pass. HB 1114. Do Pass. HB 1127. Do Pass. HB 1160. Do Pass. HB 1170. Do Pass. HB 1174. Do Pass, by Amendment. HB 1184. Do Pass. HB 1185. Do Pass. HB 1186. Do Pass. HB 1187. Do Pass, as Amended. HB 1188. Do Pass, as Amended. HB 1189. Do Pass, as Amended. HB 1194. Do Pass, as Amended. HB 1198. Do Pass. SB 125. Do Pass. SB 126. Do Pass. SB 127. Do Pass. SB 128. Do Pass.

MONDAY, MARCH 12, 1973

2613

SB 129. Do Pass. SB 327. Do Pass. SB 349. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1006. By Messrs. Irvin of the 23rd, Hawes, Greer and Horton of the 43rd:
A Bill to amend an Act creating a new charter for the City of Roswell and for other purposes.

The following Committee amendment was read and adopted: The Committee on State Planning and Community Affairs moves to
amend House Bill No. 1006 as follows: By striking from line 4 of page 7 the following: "Willeo",
and inserting in lieu thereof the following: "Vickery".

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

On the passage of the Bill, as amended, the ayes were 115, nays 0.

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

HB 1046. By Messrs. Mason of the 59th and Dean of the 60th:
A Bill to amend an Act creating a new Board of Commissioners of Gwinnett County; and for other purposes.

2614

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend an Act creating a new Board of Com missioners of Gwinnett County, approved January 31, 1968 (Ga. Laws 1968, p. 2003), as amended, so as to change the provisions relative to the compensation of the chairman of said Board; to provide an expense al lowance for the members of the Board other than the chairman; to pro vide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. An Act creating a new Board of Commissioners of Gwin nett County, approved January 31, 1968 (Ga. Laws 1968, p. 2003), as amended, is hereby amended by adding at the end of subsection (a) of Section 9 the following:

"The members of the commission, other than the chairman, shall also be entitled to receive an expense allowance of $150.00 per month to be paid from the funds of Gwinnett County."

Section 2. Said Act is further amended by striking subsection (b) of Section 9 in its entirety and substituting in lieu thereof a new sub section (b) of Section 9 to read as follows:

"(b) The chairman shall receive as his entire compensation the sum of $20,750.00 per annum. Said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn. In addition to the compensation hereinabove provided, the chairman shall be furnished by the county an automobile with the expense of the operation thereof and the ex penses incurred by said chairman to be paid by the county."

Section 3. Section 1 of 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 2 of this Act shall become effective on July 1, 1973.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 115, nays 0.

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

MONDAY, MARCH 12, 1973

2615

HB 1174. By Mr. Edwards of the 95th:
A Bill to amend an Act placing the sheriff of Taylor County on a salary basis, so as to change the compensation of the sheriff and his deputy; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 1174 as follows:
By adding in the title, between the word and symbol "personnel;" and the word "to", on line 9 of page 1, the following:
"to provide an effective date;".
By renumbering Section 5 on page 4 as Section 6 and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

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

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 1175. By Messrs. Rush of the 104th and Praser of the 117th:
A Bill to amend an Act creating a new charter for the City of Ludowici, as amended; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. Laws 1923, p. 701), as amended, so as to change the corporate limits; to repeal conflicting laws; and for other purposes.

2616

JOURNAL OP THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. Laws 1923, p. 701), as amended, is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

"Section 3. The corporate limits of the City of Ludowici shall be all the territory contained within the following boundary:

BEGINNING at the intersection of Sweetwater Branch and the northeast margin of Jones Creek Swamp and running along Sweetwater Branch to the northeast margin of Georgia Highway 99; thence running in a southeasterly direction along the margin of Georgia Highway 99 south 41 30" east 12 chains to a point; thence running in a northeasterly direction north 55 east 17 chains to the southwest margin of the Old Macon and Darien Public Road; thence in a northwesterly direction along the southwest margin of the Old Macon and Darien Public Road to the channel of Sweetwater Branch; thence follow the channel of Sweetwater Branch in a northerly direc tion to where the center of Sweetwater Branch intersects the eastern boundary of the Seaboard Coastline Railroad right-of-way; thence in a northeasterly direction along the southeast right-of-way of the Seaboard Coastline Railroad 11.54 chains along bearing north 58" east to the northeast side of the Georgia Power Company power lines; thence along the northeast side of said Georgia Power Com pany power lines to the northwest side of the Old Ludowici-Hinesville Public Road; thence running in a northeasterly direction along the northwest margin of the Old Ludowici-Hinesville Public Road north 19 east 8 chains to the southwest margin of Gordon Road; thence running in a northwesterly direction along the southwest margin of Gordon Road north 41 west 14 chains to a point; thence running in a southwesterly direction south 59 west 50 chains to the northeast margin of U. S. Highway No. 301; thence running in a southeasterly direction along the margin of U. S. Highway 301 south 41 east 5.45 chains to a point; thence turn and run in a southwesterly direction south 58 west 70 chains to the northeast margin of Jones Creek; thence follow the margin of Jones Creek Swamp in a southeasterly direction to the POINT OF BEGIN NING."

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

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

On the passage of the Bill, by substitute, the ayes were 115, nays 0.

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

MONDAY, MARCH 12, 1973

2617

HB 1187. By Mr. Edwards of the 95th:
A Bill to amend an Act establishing a board of commissioners of Taylor County, as amended, so as to change the compensation of the members of the board; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 1187 as follows:
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

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

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 1188. By Mr. Edwards of the 95th:
A Bill to amend an Act abolishing the mode of compensation of the ordinary of Taylor County, so as to change the salary of said ordinary.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 1188 as follows:
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

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

On the passage of the Bill, as amended, the ayes were 115, nays 0.

2618

JOURNAL OF THE HOUSE,

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

HB 1189. By Mr. Edwards of the 95th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Taylor County, as amended, so as to change the com pensation of the tax commissioner; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community affairs moves to amend HB 1189 as follows:
By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

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

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 1194. By Mr. Edwards of the 95th:
A Bill to be entitled an Act to change the salary of the Clerk of the Superior Court of Taylor County; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1194 as follows:
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

MONDAY, MARCH 12, 1973

2619

"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

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

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 1114. By Messrs. Matthews and Collins of the 122nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Moultrie, as amended, so as to change the corporate limits of said city; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1127. By Messrs. Matthews and Collins 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 compen sation, as amended, so as to change the provisions relating to the compensation of said officers; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

2620

JOURNAL OF THE HOUSE,

HB 1160. By Messrs. Carrell of the 71st and Mason of the 59th:
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 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.

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

The report of the Committee, which was favorable to the passage of the Bill, was 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 11171. By Mr. McDonald of the 12th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Jackson County, as amended, so as to change the terms of the State Court of Jackson County; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

MONDAY, MARCH 12, 1973

2621

HB 1072. By Messrs. Jordan of the 58th, Parrar of the 52nd, Russell of the 53rd and others:
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, as amended, so as to provide for five commissioner districts; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1172. By Messrs. Patten and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Cook County, as amended, so as to change the member ship of the Board of Commissioners of Cook County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 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, as amended, so as to change the compensation of the sheriff and his 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.

2622

JOURNAL OP THE HOUSE,

HB 1177. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend an Act creating the office of County Commissioner of Haralson County, as amended, so as to change the salary of the County Commissioner of Haralson County; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1178. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Commissioner of Haralson County, as amended, so as to change the compensation of the clerical assistant 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 1179. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend an Act placing the Sheriff and Ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the 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.

MONDAY, MARCH 12, 1973

2623

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

HB 1182. By Messrs. Praser of the 117th and Rush of the 104th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Long County on an annual salary in lieu of fees, as amended, so as to provide for a clerk of the sheriff; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1184. By Messrs. Triplett of the lllth, Gignilliat of the 105th, Ellis of the 107th and others:
A Bill to be entitled an Act to create a new Charter for the City of Garden City; to prescribe the corporate limits of said City; to provide for the government of said City and its corporate powers; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1185. By Mr. Carrel of the 71st: A Bill to be entitled an Act to amend, consolidate, create, revise and supersede the several Acts incorporating the Town of Between in the County of Walton; and all amendments in respect thereto; to create a new charter for said town; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

2624

JOURNAL OF THE HOUSE,

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

HB 1186. By Messrs. Dean of the 60th and Mason of the 59th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Gwinnett County, as amended, so as to change the compensation for the officers thereof; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1190. By Messrs. Strickland and Harrison of the 116th:
A Bill to be entitled an Act to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector and the Tax Receiver of Appling County on an annual salary, so as to change the provisions relating to deputies of the sheriff; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1191. By Mr. Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, as amended, so as to increase the number of deputy sheriffs; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

MONDAY, MARCH 12, 1973

2625

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

HB 1193. By Messrs. Waddle of the 98th and Moyer of the 99th:
A Bill to be entitled an Act to amend an Act incorporating- the City of Warner Robins, as amended, so as to change 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 115, nays 0.

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

HB 1195. By Messrs. Wheeler and Grantham of the 127th and Strickland of the 116th:
A Bill to be entitled an Act to amend an Act incorporating the City of Nahunta, as amended, so as to change the date of the municipal general election; to change the size of the city council; to stagger the terms of office of the mayor and aldermen; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1196. By Messrs. Burruss of the 21st, Nix of the 20th, 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 change the salary provisions relating to the judges of said court; to provide an effective date; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

2626

JOURNAL OF THE HOUSE,

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

HB 1197. By Messrs. Nix and Duke of the 20th and Kreeger of the 21st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Cobb County, as amended, so as to require certain Cobb County officials to disclose their interest in any real property being proposed for rezoning in Cobb County; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1198. By Messrs. Lee, Bailey, Johnson and Northcutt of the 68th:
A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale, as amended, so as to change the provisions relating to ad valorem taxation; to provide an effective date; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1200. By Mr. Groover of the 75th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Jones County, as amended, so as to change the amount of the bond of each of the Commissioners; and for other pur poses.

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

On the passage of the Bill, the ayes were 115, nays 0.

MONDAY, MARCH 12, 1973

2627

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

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.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 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.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 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, as amended, so as to change the compensa tion of the members of the Board of Commissioners of said County; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

2628

JOURNAL OF THE HOUSE,

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

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

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

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

SB 129. By Senator Hill of the 129th:
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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 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, as amended, so as to change the fees of the solicitor; to provide an effective date; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

MONDAY, MARCH 12, 1973

2629

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

SB 349. By Senator Webb of the llth:
A Bill to be entitled an Act to repeal an Act creating the State Court of Miller County, as amended; to provide for the disposition of all suits, cases, papers, processes, books, indexes, and all other matters and materials of said court; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HR 130-480. By Messrs. McKinney of the 35th, Alexander of the 39th, Adams of the 36th and others:
A RESOLUTION
Proposing an amendment to the Constitution, so as to allow municipal corporations having a population of more than 400,000 accord ing to the last or any future United States Decennial Census to remove or demolish, close and clear buildings or structures from private prem ises, not necessarily a part of a slum or blighted area under certain conditions at public expense; to make the amount of such expenditure a lien against the property involved; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE AND IT IS HEREBY RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article XVI of the Constitution relating to slum clearance and redevelopment programs for cities, towns, housing au thorities and counties is hereby amended by adding the following new paragraph at the end of said Article:
"The General Assembly may establish procedures whereby any municipal corporation having a population of more than 400,000 according to the last or any future United States Decennial Census may carry out and enforce the removal or demolition or closing of buildings or structures, and clearing of premises, not of necessity a part of any slum or blighted area, at public expense, after an ad ministrative determination that a building or structure is unfit for human habitation, or is unfit for commercial, industrial or business occupancy or use and is economically unrepairable, under standards

2630

JOURNAL OF THE HOUSE,

for such determination as prescribed by the General Assembly, and which may provide for commencement of an administrative pro ceeding in rem provided the owner and person having an interest in the real property involved are given notice and an opportunity to appear and be heard on the question of unfitness or unrepairability of the building or structure at issue. All expenses of such removal or demolition, or closing and clearing of premises and all costs of any such proceeding may be included in the amount of the lien against the property on which the building or structure is located. All such proceedings and work shall constitute and are hereby declared to be a governmental function undertaken for public pur poses, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof.",

so that, when so amended, such Article shall read as follows:

"The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, or any county, may undertake and carry out slum clearance and re development work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof.

"The General Assembly may establish procedures whereby any municipal corporation having a population of more than 400,000 according to the last or any future United States Decennial Census may carry out and enforce the removal or demolition or closing of buildings or structures, and clearing of premises, not of necessity a part of any slum or blighted area, at public expense, after an administrative determination that a building or structure is unfit for human habitation, or is unfit for commercial, industrial or business occupancy or use and is economically unrepairable, under standards for such determination as prescribed by the General Assembly, and which may provide for commencement of an ad ministrative proceeding in rem provided the owner and person having an interest in the real property involved are given notice and an opportunity to appear and be heard on the question of unfitness or unrepairability of the building or structure at issue. All expenses of such removal or demolition, or closing and clearing of premises and all costs of any such proceeding may be included in the amount of the lien against the property on which the build ing or structure is located. All such proceedings and work shall constitute and are hereby declared to be a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been

MONDAY, MARCH 12, 1973

2631

entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section 1, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended to authorize the General Assembly to allow municipal corporations having a population of more than 400,000 according to the last or any future United States Decennial
( ) NO Census to carry out and enforce the removal or demolition, or closing of certain buildings and struc tures from private premises and the clearing of premises, not necessarily within a slum or blighted area, at public expense to constitute a lien on the property after an administrative hearing and a determination that such properties or structures are unfit for human habitation or use and are economically unrepairable?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, J. Adams, M. 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

2632
Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, G. Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Egan Elliott Ellis Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Groover Harden Harrington Harris, J. R. Harrison Hays Hill, B. L.

JOURNAL OF THE HOUSE,

Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin,R. Irwin, J. R. Johnson
Jones Keyton King Kreeger Lambert Lane, D. Larsen, G. K. Larsen, W. W. Lee, W. S. Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Murphy Nessmith Nix

Noble Northcutt Odoni Oxford Patterson Pearce Peters Petro Pinkston Rainey Reaves Roach Rogers Rush Russell, J. Savage Shepherd Smith, V. B. Snow Sweat Thompson Toles Townsend Triplett Turner Twiggs Waddle Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire
Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. H. Bennett Brantley, H. H. Colwell Daugherty Dean, J. E. Dixon Evans Floyd, J. H. Greer Hamilton Harris, J. F. Hawes Hill, G.

Howard Irvin, J. Jessup Jordan Knight Lane, W. J. Lee, W. J. McCracken Mullinax Patten, G. C. Patten, R. L. Phillips, G. S. Phillips, L. L. Ritchie

Ross Russell, W. D. Sams Shanahan Smith, J. R. Stephens Strickland Thomason
Tucker Vaughn Walker Williams Mr. Speaker

MONDAY, MARCH 12, 1973

2633

On the adoption of the Resolution, the ayes were 139, 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 substitute, by the requisite constitutional majority the following Bill of the House, to wit:

HB 794. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, and others:
A Bill 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.

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

HB 878. By Mr. Peters of the 2nd: A Bill to amend an Act creating the office of Commissioner of Catoosa County, so as to provide for hospitalization insurance for county em ployees.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to wit:
SB 82. By Senator Stephens of the 36th: A Bill to amend an Act authorizing the Commissioners of Pulton County to establish rules and regulations governing payment of pensions to County employees, approved Mar. 3, 1939 (Ga. L. 1939, (Ga. L. 1939, p. 571), as amended, so as to authorize the Board of Trustees to increase the amount of benefits payable to certain persons.
SB 374. By Senator Kennedy of the 4th: A Bill to amend an Act providing a salary for the sheriff of Evans

2634

JOURNAL OF THE HOUSE,

County in lieu of the fee system of compensation, as amended, so as to change the provisions relative to the sheriff's deputies.

HB 795. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, and others:
A Bill 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.

HB 818. By Messrs. Brown and Carlisle of the 67th:
A Bill 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.

HB 856. By Mr. Murphy of the 18th:
A Bill 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.

HB 875. By Mr. Peters of the 2nd:
A Bill to amend an Act placing the Ordinary and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the salary of the clerk of the superior court.

HB 876. By Mr. Peters of the 2nd: A Bill to amend an Act creating the office of Commissioner of Catoosa County, so as to increase the clerical assistance allowance.
HB 877. By Mr. Peters of the 2nd: A Bill 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.
HB 906. By Mr. Peters of the 2nd: A Bill to implement the constitutional amendment creating the Catoosa County Development Authority.
HB 948. By Mr. Snow of the 1st: A Bill to amend an Act placing the Ordinary of Walker County on a

MONDAY, MARCH 12, 1973

2635

salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel of the ordinary's office may receive.

HB 958. By Messrs. Rainey, Hudson, and Dorminy of the 115th:
A Bill to create and establish a Small Claims Court for Crisp County to be known as the Small Claims Court of Crisp County.

HB 959. By Messrs. Rainey, Dorminy and Hudson of the 115th:
A Bill 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.

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.

HB 642. By Messrs. Walker of the 100th and Grahl of the 88th:
A Bill 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.

HB 111. By Messrs. Pinkston, Evans, Berlin and Coney of the 89th:
A Bill to provide the procedures whereby a permit must be obtained in order to disturb any place of known burial of human remains for the purposes of development of such land.

HB 146. By Messrs. Northcutt of the 68th and Adams of the 14th:
A Bill 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.

SB 175. By Senator Sutton of the 9th:
A Bill to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to define the crime of criminal possession of a firearm.

2636

JOURNAL OF THE HOUSE,

HB 186. By Messrs. Northcutt of the 68th and Adams of the 14th:
A Bill 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.

Ht 264. By Messrs. Burruss of the 21st, Egan of the 25th, Levitas of the 50th, Hawes of the 43rd, and others:
A Bill to provide for the regulation of the sale of securities; to provide that certain practices shall be unlawful.

HB 456. By Messrs. Roach of the 8th and Morgan of the 70th:
A Bill 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.

HB 627. By Messrs. Dickey, Brown, Coney, Berlin and Evans of the 89th and others:
A Bill to regulate multi-level distribution companies; to define multi level distribution companies.

SB 299. Senator Coggin of the 35th:
A Bill to amend an Act to prohibit the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said glasses are fitted with heat treated glass lenses, so as to require that companies shall deliver the product only to the person ordering the work performed.

SB 326. By Senator Langford of the 51st:
A Bill to amend an Act creating the State Board of Pardons end Paroles, as amended, so as to grant pardon and parole to aged or disabled in mates.

SB 348. By Senator Hudgins of the 15th:
A Bill to provide that the governing authority of each county in this State shall not require the reevaluation and appraisal of all of the property within their respective counties more often than one time every five years.

SB 355. By Senator Johnson of the 38th: A Bill to provide for plea bargaining.

MONDAY, MARCH 12, 1973

2637

SB 387. By Senator Jackson of the 16th:
A Bill to amend Code Section 84-901, of the Code of Georgia of 1933, as amended, so as to define the terms of "doctors of medicine", licensed "doctors of medicine" and similar terms as meaning and including only those persons who have graduated from a medical college and hold the degree of Doctor of Medicine.

HB 355. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to amend Code Title 13, known as the Banking Law of Georgia.

HB 424. By Messrs. Miles of the 79th, Dent of the 78th, Connell of the 80th, and others: A Bill to amend Code Section 68-205, relating to the registration of motor vehicles and applications therefor, so as to remove the require ment that such applications must be sworn to.
HB 427. By Messrs. Brantley of the 22nd and Shanahan of the 7th: A Bill to amend the "Fiduciary Investment Company Act", so as to permit and allow officers and directors of foreign trust institutions to serve as directors of fiduciary investment companies.
HB 678. By Mr. Lambert of the 97th: A Bill 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.
HB 720. By Mr. Busbee of the 114th: A Bill 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.
HB 188. By Mr. Rush of the 104th: A Bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relative to game and fish, so as to provide for a catch out pond license.
HB 189. By Mr. Rush of the 104th: A Bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relative to game and fish, as amended, so as to define commercial fish hatchery.

2638

JOURNAL OF THE HOUSE,

HB 556. By Mr. Gignilliat of the 105th:
A Bill to amend the Executive Reorganization Act of 1972, so as to provide a name for the committee concerned with protection of the Georgia coastal marshlands.

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

HB 265. By Messrs. Levitas of the 50th, and Vaughn of the 57th:
A Bill to provide for the payment of relocation and replacement housing expenses of any person or family displaced by a Federal-aid project.

HB 410. By Messrs. Walker of the 100th, Wilson of the 94th, Waddle of the 98th, and others:
A Bill to amend the "Uniform Act Regulating Traffic on Highways", so as to provide that all cities and local authorities may adopt all or a portion of the "Uniform Act Regulating Traffic on Highways".

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House, to wit:
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.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House, to wit:
SR 118. By Senator Reynolds of the 48th: A Resolution creating a Sales Tax Committee:
SR 142. By Senator London of the 50th: A Resolution urging the U.S. Department of Agriculture and the U.S. Department of Interior to halt clear cutting of timber in the North Georgia Mountains.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to wit:

MONDAY, MARCH 12, 1973

2639

HB 21. By Messrs. Adams of the 36th, Brown of the 89th, Smith of the 74th, and others:
A Bill to create a Driver License Advisory Board.

The Senate has agreed to the House amendment to the Senate substitute to the following Bill of the House, to wit:
HB 389. By Messrs. Brown, Dickey, Berlin, and Coney of the 89th 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 adopted by the requisite constitutional majority the follow ing Resolution of the House, to wit:
HR 323. By Mr. Wamble of the 120th: A Resolution recognizing the Muskogee-Creek Indian Tribe East of the Mississippi River.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to wit:
HB 938. By Mr. Ritchie of the llth: A Bill to amend an Act abolishing the fee system and providing an an nual salary for the ordinary of Habersham County, so as to change the provisions relative to the clerk of the ordinary.
HB 943. By Mr. Ritchie of the llth: A Bill to amend Code Section 34-802, as amended, so as to change pro visions relative to population.
HB 965. By Messrs. Kreeger of the 21st, Duke, Nix and McDaniell and others: A Bill to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits.
HB 966. By Messrs. Kreeger of the 21st, Duke, Nix and McDaniell of the 20th and others: A Bill to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits.

2640

JOURNAL OF THE HOUSE,

HB 989. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, and others:
A Bill 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.

HB 996. By Messrs. Wheeler and Grantham of the 127th:
A Bill 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.

HB 999. By Messrs. Groover of the 75th and Lambert of the 97th: A Bill to provide for the compensation of the sheriff of certain counties (population of not less than 5,750 and not more than 5,800).
HB 1002. By Mr. McDonald of the 12th: A Bill to amend an Act incorporating the City of Commerce, so as to designate posts for the election of councilmen-at-large.
HB 1003. By Messrs. Ware, Knight and Mullinax of the 65th: A Bill to amend an Act creating a new charter for the City of Hogansville, 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.
HB 1005. By Messrs. Ware, Knight and Mullinax of the 65th: A Bill to amend an Act creating a new charter for the City of Hogansville, 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.
HB 1019. By Mr. Sweat of the 125th: A Bill 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.
HB 1020. By Mr. Sweat of the 125th: A Bill 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.

MONDAY, MARCH 12, 1973

2641

HB 1021. By Mr. Sweat of the 25th:
A Bill 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.

HB 1022. By Mr. Sweat of the 125th:
A Bill to amend an Act placing the Ordinary of Clinch County upon an annual salary, so as to change the compensation of said officer.

SB 34. By Senator Stephens of the 36th:
A Bill to authorize the So^citor General of the Criminal Court of Ful ton County to add two additional Assistant Solicitors to his staff of four Assistant Solicitors and one First Assistant Solicitor.

SB 189. By Senator Coverdell of the 40th:
A Bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to change the composition of said Board by increasing the number of members thereof.

SB 328. By Senator Lester of the 23rd:
A Bill to amend an Act changing from the certain county officers of all counties in this State having a certain population, as amended, so as to change the compensation provisions relative to employees in the sheriff's office.

SB 388. By Senator Lester of the 23rd:
A Bill to fix the compensation of certain elected officials in certain counties.

HB 1004. By Messrs. Ware, Knight and Mullinax of the 65th:
A Bill to amend an Act creating a new charter for the City of Hogansville, so as to extend the corporate limits.

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

2642

JOURNAL OF THE HOUSE,

HB 227. By Mr. Greer of the 43rd:
A Bill 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.

HB 535. By Mr. Brown of the 67th:
A Bill 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.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 88. By Senator Stephens of the 36th:
A Bill to amend Code section 26-2901, relating to carrying a concealed weapon, so as to provide that a firearm which fires only blank car tridges, cartridges containing only gunpowder and no bullet, and fire arms commonly known as "pellet pistols", shall be included in the mean ing of "firearm" in said section.

SB 131. By Senator Reynolds of the 48th:
A Bill to provide that State employees may be reimbursed by a State agency for transportation of household goods and incident expenses in curred during change of residence as a result of an action by the depart ment requiring transfer from one part of the State to another; to pro vide for certain conditions.

SB 252. By Senator Broun of the 46th:
A Bill to amend Code Section 59-201, relating to the qualifications of grand jurors, as amended, so as to provide that all elected public of ficers and officials shall not be eligible to serve as grand jurors.

SB 338. By Senator Kidd of the 25th: A Bill to amend Code Section 27-501, relating to the charges for sure ties on criminal bonds, as amended, so as to change the compensation of sureties.
SB 366. By Senator Tysinger of the 41st: A Bill to authorize and require all Departments, Agencies, Institutions, and Boards of the State to establish employee trust accounts for travel

MONDAY, MARCH 12, 1973

2643

expense purposes for use in conjunction with travel expenses incurred in the conduct of official State business.

SB 377. By Senator Holloway of the 12th:
A Bill to amend Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Control Code", so as to change the name of the Code codified as Code Chapter 91-1A of the Code of Georgia.

SB 385. By Senator Kidd of the 25th:
A Bill to amend an Act known as the "Georgia Firearms and Weapons Act", so as to make it unlawful for any person to wilfully alter or mutilate the serial number of any firearm.

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

SR 147. By Senators Bell of the 5th, Dean of the 6th and Hudgins of the 15th:
A Resolution proposing an amendment to the Constitution so as to pro vide that any compensation received for active service as a member of the armed forces of the U. S. for any month during any part of which such member was a POW or MIA in the Vietnam conflict shall not be subject to any Ga. State Income Tax.

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

SB 380. By Senator McDuffie of the 19th:
A Bill to amend Code Section 88-504.2 relating to admission to an emergency receiving facility, as amended, so as to change the pro cedures for taking persons who appear to be mentally ill into custody.

SB 381. By Senator McDuffie of the 19th:
A Bill to amend Code Section 88-404.7 relating to admission to an emergency receiving facility, as amended, so as to change the procedures for taking persons who appear to be alcoholics or drug dependent in dividuals into custody.

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

2644

JOURNAL OF THE HOUSE,

HB 94. By Messrs. Brown and Carlisle of the 67th:
A Bill to amend an Act incorporating Peachtree City, so as to provide for additional territory which might be incorporated within said cor porate limits; to stagger the terms of office of the councilmen.

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

SR 184. By Senators Sutton of the 9th, Herndon of the 10th, Webb of the llth, and others:
A Resolution commending Major Orson Swindle III, United States Marine Corps.

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

SB 85. By Senator Stephens of the 36th:
A Bill to amend Code Section 26-1802, relating to theft by taking, so as to provide that a person who interchanges the label or price tag from one item to another item of merchandise commits theft by taking.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 67. By Messrs. Brown of the 67th and Noble of the 48th: A Bill to provide for the regulation of franchise agreements between gasoline distributors and gasoline dealers.

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

HB 39. By Messrs. Hutchinson of the 114th, Hawes of the 43rd, Jones of the 109th and others:
A Bill to authorize the State Personnel Board to provide a Health Insur ance Plan for Public School Teachers of the State.

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

MONDAY, MARCH 12, 1973

2645

HB 854. By Messrs. Cole of the 6th and Noble of the 48th:
A Bill 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.

Mr. Buck of the 87th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 181. By Messrs. McKinney of the 35th, Brown of the 89th, Shepherd of the 28th and others:
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.

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

Those voting in the affirmative were Messrs.

Adams, J. H. Alexander, W. H. Alexander, W. M. Atherton Bailey Berlin Berry Blackshear Bohannon Bond Brown, B. D.
Brown, C. Brown, S. P.
Buck
Burruss
Busbee Carrell
Castleberry
Clark Connell
Dean, J. E. Dent
Dickey
Duke Edwards
Elliott
Ezzard

Farrar Geisinger Grahl Greer Groover Harden Harrington Harris, J. R. Hays Hill, B. L. Horton, G. T.
Horton, W. L.
Howard
Irvin, R.
Irwin, J. R.
Johnson
Keyton
Kreeger
Lee, W. J. (Bill)
Lee, W. S.
Levitas
McDaniell
McKinney
Miles
Moyer
Mulherin

Mullinax Nix Noble Northcutt Odom Patterson Pearce Peters Petro Phillips, G. S. Pinkston
Ritchie
Roach
Rogers
Russell, J.
Russell, W. D.
Savage
Snow
Stephens
Thompson
Townsend
Tucker
Wamble
Ware
Wilson, J. M.
Wilson, M. L.

2646

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Alien Beckham Brantley, H. L. Burton Carlisle Carr Chance Coleman Collins, M. Colwell
Coney Davis, E. T. Dean, N. Dorminy Floyd, J. H. Floyd, L. R. Foster

Fraser Grantham Harris, J. F. Hudson Hutchinson Jessup Jones King Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lewis Logan Lowrey Matthews, D. R. Mauldin Milford Nessmith

Oxford Patten, G. C. Reaves Rush Smith, V. B. Strickland Toles Triplett Turner Twiggs Waddle Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wood

Those not voting were Messrs. :

Adams, Marvin Bennett Bostick Brantley, H. H. Bray Cole Collins, S. Daugherty Davis, W. Dean, Gib Dixon Dollar Egan Ellis Evans

Gignilliat Hamilton Harrison Hawes Hill, G. Howell Irvin, J. Jordan Knight
Lambert Marcus Mason Matthews, C. McCracken McDonald

Morgan Murphy Patten, R. L. Phillips, L. L. Rainey Ross Sams Shanahan Shepherd Smith, J. R.
Sweat Thomason Vaughn Walker Mr. Speaker

On the motion, the ayes were 79, nays 56.

The motion prevailed and HB 181 was reconsidered.

Mr. Brown of the 34th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 430. By Messrs. Brown of the 34th, Patten of the 123rd, Russell of the 53rd and others:
A Bill to be entitled an Act to amend the Executive Reorganization Act

MONDAY, MARCH 12, 1973

2647

of 1972, so as to create within the Division of Community Affairs of the Department of Community Development of the State Office of Housing Section; to repeal conflicting laws; and for other purposes.

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

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brown, B. D. Brown, C. Buck Burruss Busbee Carlisle Carrell Chance Clark Coney Connell Davis, E. T. Dean, J. E.

Dean, N. Dent Dickey Duke Farrar Grahl Greer Harden Harrington Harris, J. R. Hays Hill, B. L. Horton, G. T. Horton, W. L. Hudson Irvin, R. Johnson Keyton Kreeger Lee, W. J. (Bill) Lee, W. S. Lewis McDaniell McDonald McKinney

Those voting in the negative were Messrs. :

Adams, J. H. Alien Bennett Brantley, H. L. Burton Carr Castleberry Collins, M. Colwell Edwards Floyd, L. R. Foster Fraser

Grantham Harris, J. F. Hutchinson Irwin, J. R. Jones Lane, Dick Lane, W. J. Lowrey Mauldin Miles Nessmith Reaves Ross

Mulherin Mullinax Noble Northcutt Odom Patten, G. C. Patterson Pearce Pinkston Ritchie Roach Rogers Russell, J. Russell, W. D. Savage Shanahan Smith, V. B. Snow Stephens Thompson Townsend Waddle Wamble Wilson, J. M. Wilson, M. L.
Rush Toles Triplett Tucker Turner Twiggs Wall Ware Whitmire Williams Willis Wood

2648

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, G. D. Bostick Bray Brown, S. P. Cole Coleman Collins, S. Daugherty Davis, W. Dean, Gib Dixon Dollar Dorminy Egan Elliott Ellis Evans Ezzard Floyd, J. H. Geisinger Gignilliat Groover

Hamilton Harrison Hawes Hill, G. Howard Howell Irvin, J. Jessup Jordan King Knight Lambert Larsen, G. K. Larsen, W. W. Levitas Logan Marcus Mason Matthews, C. Matthews, D. R. McCracken Milford

Morgan Moyer Murphy Nix Oxford Patten, R. L. Peters Petro Phillips, G. S. Phillips, L. L. Rainey Sams Shepherd Smith, J. R. Strickland Sweat Thomason Vaughn Walker Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the motion, the ayes were 76, nays 38.

The motion prevailed and HB 430 was reconsidered.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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.

The following Senate amendment was read:

The Committee on County and Urban Affairs moves to amend HB 932 as follows:
By striking lines 25 through 30 on page 24 in their entirety and in serting in lieu thereof the following:

MONDAY, MARCH 12, 1973

2649

" ( ) For approval of the Act extending the corporate limits and altering the ward limits of the City of Athens and increas ing the number of aldermen to twelve and increasing the number of aldermen required for a quorum of Council.
( ) Against approval of the Act extending the corporate limits and altering the ward limits of the City of Athens and in creasing the number of aldermen to twelve and increasing the number of aldermen required for a quorum of Council."

Mr. Matthews of the 62nd moved that the House agree to the Senate amend ment to HE 932.

On the motion the ayes were 105, nays 0. The motion prevailed and the Senate amendment to HB 932 was agreed to.

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 268-1017. By Messrs. Colwell of the 4th and Ritchie of the llth:
A RESOLUTION
Authorizing the conveyance of certain real property and the ac quisition of certain other real property located in Habersham County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of a certain tract or parcel of real property located in Habersham County, Georgia, which tract or parcel of property is more particularly described as follows:
Beginning at a concrete monument on the original line of land lots 85 and 116 of the llth land district and being located ap proximately N0500'W 545' from the intersection of the line be tween the 10th land district and the 12th land district with the llth land district, thence S8747'E 475.9' to a concrete monument located on the right-of-way of Georgia highway 197; thence along said right-of-way the following courses and distances, NOO54'W 275.9', N0214'E 188.0' to a concrete monument, thence along the South side of an 80' wide tract retained by North Georgia Technical and Vocational School for access purposes to other lands of said North Georgia Technical and Vocational School N4637'W 416.5' to a concrete monument and being a corner common with other lands of North Georgia Technical and Vocational School, thence S3802'W 616.4' to a concrete monument and being a corner common with North Georgia Technical and Vocational School and Bessie Barron,

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JOURNAL OF THE HOUSE,

thence S3712'E 87.2' to a concrete monument corner common to Bessie Barren and Bethlehem Cemetery thence S4037'E 232.3' to the point of beginning, and being 7.84 acres, and being bounded on the South by Bethlehem Cemetery, on the East by Georgia highway 197, on the North by North Georgia Technical and Vocational School, on the West by Bessie Barron and Bethlehem Cemetery. This tract is located in land lots 85 and 116 of the llth land district and is more particularly shown and described on a certain February 8, 1973 plat of survey prepared by Hubert Lovell, Georgia Registered Land Surveyor No. 1553 and entitled "--PROPERTY OF STATE OF GEORGIA NORTH GEORGIA TECHNICAL & VOCATIONAL SCHOOL HABERSHAM COUNTY GEORGIA".

WHEREAS, said property owned by the State of Georgia is under the custody and control of the State Board of Education and is a part of the property of the North Georgia Technical and Vocational School;
and

WHEREAS, said property is not needed or used by the State Board of Education of the North Georgia Technical and Vocational School and is, therefore, surplus; and

WHEREAS, Mr. John A. Cody is the owner of a certain tract or parcel of real property located in Habersham County, Georgia, which tract or parcel of property is more particularly described as follows:

Beginning at a concrete monument on the original land lot line of land lots 85 and 84 of the llth land district and being located S3025'E 758.0' from the original corner of land lots 83, 84, 85 and 86; thence along said original line of land lots 84 and 85 N3025'W 359.8' to a point where said original line crosses the right-of-way of Georgia highway 197; thence along and with the East right-ofway of Highway 197 the following courses and distances; S0142'W 150.5', S0738'W 53.5'; thence leaving said right-of-way the following courses and distances along an old road, S1534'E 231.7', S1037'E 165.4' to a concrete monument, S0825'E 150.6' to a concrete monu ment, S0928'W 72.5' to a point located N8655'E 11.35' from a con crete monument on the West bank of said old road; thence leaving said old road the following courses and distances; N8655'E 197.5' to a point, S6001'E 120.2', S5242'E 108.3', S5943'E 113.3' to a concrete monument located on the original line of land lots 84 and 85; thence N3025'W along said original land lot line 778.8' to a point of beginning, and being 3.92 acres, and being bounded on the East by lands of North Georgia Technical and Vocational School, on the North by Georgia highway 197, on the West by other lands of North Georgia Technical and Vocational School, and on the South by Northside Heights Subdivision. The said John A. Cody property being more particularly shown and described on a certain February 8, 1973, plat of survey prepared by Hubert Lovell, Geor gia Registered Land Surveyor No. 1553 and entitled "--PROPERTY OF JOHN A. CODY HABERSHAM COUNTY GEORGIA".

WHEREAS, said property owned by Mr. Cody is located on the campus of the North Georgia Technical and Vocational School between certain portions of said campus; and

MONDAY, MARCH 12, 1973

2651

WHEREAS, being so located, said property owned by Mr. Cody prevents the orderly use and development of surrounding property of said North Georgia Vocational and Technical School; and

WHEREAS, a qualified real estate appraiser has estimated that the hereinabove described tract or parcel of property owned by Mr. Cody has a fair market value substantially equal to the fair market value of the hereinabove described tract or parcel of property owned by the State; and

WHEREAS, Mr. Cody has expressed a willingness to convey to the State said property owned by him in exchange for the conveyance to him of said property owned by the State; and

WHEREAS, such exchange of said properties would be in the best interests of the State of Georgia, and would involve only administrative expenses to the State.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Control Commis sion is hereby authorized and directed to make a full investigation (which shall include, but not be limited to, a title investigation) of the tracts or parcels of real property hereinabove described in this Reso lution.

BE IT FURTHER RESOLVED that if there is a finding by the State Properties Control Commission that the hereinabove described exchange of properties would be in the best interests of the State, then the State Properties Control Commission, by its Chairman, acting for and on behalf of and in the name of the State of Georgia, is hereby empowered and authorized to convey by fee simple deed without war ranty to Mr. John A. Cody the hereinabove described tract or parcel of real property owned by the State for and in consideration of the con veyance by general warranty deed to the State of Georgia of the hereinabove described tract or parcel of real property owned by Mr. John A. Cody.

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

On the adoption of the Resolution, the ayes were 142, nays 0.

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

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JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A RESOLUTION

Authorizing the conveyance of certain real property located in Meriwether County, Georgia; and for other purposes.

WHEREAS, the State of Georgia is the owner of certain real property located in Meriwether County, Georgia, which formerly was under the control and jurisdiction of the State Board of Corrections and the State Department of Offender Rehabilitation; and

WHEREAS, the property was declared surplus by the Department of Offender Rehabilitation, and jurisdiction and control thereof was transferred to the State Properties Control Commission; and

WHEREAS, said real property is all that tract or parcel of land lying and being in the County of Meriwether, State of Georgia, and being more particularly described as follows:

"All that tract or parcel of land situate, lying and being in the Southwest corner of Land Lot Number 126 in the Second Land District of Meriwether County, Georgia, containing 13.2 acres of land and more particularly described as follows:
BEGINNING at a point on the original West line of Land Lot Number 126, said point being on the North right of way of Paved Highway Number 41 and being 620 feet due North from the original Southwest corner of Land Lot Number 126, and running thence along the North Right of Way of said Paved Highway Number 41 South 29 degrees 45 minutes East a distance of 389 feet to the North Right of Way of a country road; thence running along the North Right of Way of said country road North 60 degrees 15 minutes East a distance of 940 feet; thence North 29 degrees 45 minutes West a distance of 630 feet; thence South 60 degrees 15 minutes West a distance of 800 feet to the original West line of Land Lot Number 126, thence due South along said original West line of Land Lot Number 126 a distance of 300 feet to the point of beginning and bounded as follows: On the North by lands of Meriwether County, known as the Airport lands; on the East by lands of Meriwether County, known as the Airport lands; and a country road running East and West; on the South by the afore mentioned country road running East and West and Paved High way Number 41; and on the West by Paved Highway Number 41 and lands of Jackson Box and Lumber Company. Also included are all permanent improvements, tenements, and appurtenances, there unto belonging or in any wise appertaining to the above-described property, including the right of ingress and egress thereto and therefrom at all times.";
and
WHEREAS, the above described property is no longer needed by

MONDAY, MARCH 12, 1973

2653

the State Properties Control Commission or the State of Georgia and is therefore surplus; and

WHEREAS, the governing authority of Meriwether County is de sirous of owning said real property.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that the State Properties Control Com mission is hereby authorized to convey said real property to Meri wether County upon such terms and conditions and for such considera tion as may be mutually agreed upon by the governing authority of Meriwether County and the State Properties Control Commission.

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

On the adoption of the Resolution, by substitute, the ayes were 146, nays 0.

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

HR 318-1197. By Messrs. Grantham and Wheeler of the 127th:
A Resolution authorizing the conveyance of certain state-owned real property located in Coffee 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 143, nays 0.

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

SR 103. By Senator Holley of the 22nd:
A Resolution authorizing the conveyance of certain real property located in Richmond County, Georgia; and for other purposes.

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

2654

JOURNAL OP THE HOUSE,

On the adoption of the Resolution, the ayes were 143, nays 0.

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

SR 102. By Senator Holley of the 22nd: A Resolution authorizing the conveyance of certain real property lo cated in Richmond County, Georgia; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 143, nays 1.

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

SR 50. By Senator Kidd of the 25th:
A Resolution authorizing the conveyance of certain real property lo cated in Baldwin County; and for other purposes.

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

On the adoption of the Resolution, the ayes were 154, nays 0.

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

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 life time 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.

MONDAY, MARCH 12, 1973

2655

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

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

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

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 following Committee substitute was read and adopted:
A BILL
To be entitled an Act to create the District Attorney's Association of Georgia; to give certain powers to that Association; to prescribe pur poses for that Association; to define the membership of the Association; to provide for a first meeting and for annual and special meetings there after; to provide for the Executive Committee and for officers; to em power the members of the Association to adopt a constitution and by laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The District Attorney's Association of Georgia is hereby established. This Association shall have the following purposes:
(a) To assist the District Attorneys throughout the State in co ordinating their efforts against criminal activity in the State. Such assistance may include, but shall not be limited to, the obtaining, pre paring and supplementing of indexes to the unreported decisions of the Court of Appeals and the Supreme Court relating to criminal matters; preparing and distributing a basic prosecutor's manual and other educa tional materials; preparing and distributing uniform indictment forms, search warrant forms, interrogation warning forms, and other appro priate forms;
(b) To promote and to assist in the training of District Attorneys;
(c) To act as liaison between the District Attorneys and other law emorcement agencies and associations.
Section 2. The District Attorney's Association of Georgia shall be

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JOURNAL OF THE HOUSE,

a legal entity; may sue and be sued, shall have perpetual existence; may contract, may own real and personal property; may accept funds, grants and gifts from any public or private service which shall be used to defray the expenses incident to implementing its purposes; may adopt and use an official seal; may establish a principal office; may hire such administrative and clerical personnel as may be necessary and appro priate to fulfill its purposes; and shall have such other powers, privileges and duties as may be reasonable and necessary for the proper fulfillment of its purposes.

Section 3. All persons who now or hereafter hold the Office of District Attorney in this State, all those appointed by those District Attorneys as Assistant District Attorneys in this State and attorneys employed as administrative personnel of the Association shall be mem bers of the District Attorneys Association of Georgia. Only those mem bers who now or hereafter hold the Office of District Attorney in the State shall have the right to vote.

Section 4. The governing authority of the Association shall be vested in an Executive Committee. The Executive Committee of the Association shall consist of seven members and shall be composed of the President, Vice-President and Secretary-Treasurer of the Associa tion plus four other members. The first members of the Executive Com mittee shall be selected by the Association at its first meeting held after the effective date of this Act. Thereafter, the members shall be selected at each annual meeting of the Association and shall hold office until January, following the election of their successor. The President of the Association shall be the Chairman of the Executive Committee. The Executive Committee shall hold at least three regular meetings in each year at such times and places as may be determined in accordance with the bylaws. The constitution and bylaws shall provide for filling va cancies in the Executive Committee and for deciding the outcome of tie votes.

Section 5. The officers of the District Attorney's Association shall include a President, a Vice-President, and a Secretary-Treasurer. Only those members who now or hereafter hold the office of District At torney in this State shall be eligible to hold office in the Association, and nominations for offices shall be made only by those members. The President, Vice-President and the Secretary-Treasurer shall be elected at the annual meeting. The Officers shall serve until their successor is elected at the next annual meeting. In the event of the death or resigna tion of the President, the Vice-President shall succeed to the presi dency, and shall serve out the unexpired term. The officers shall have such duties, rights, and powers as the constitution and bylaws may provide.

Section 6. The Association shall adopt a constitution and bylaws as directed herein, covering such matters as may be necessary and proper for the functioning of the Association. The constitution or bylaws may be amended or expanded at any annual or special meeting on the mo tion of any member who now or hereafter holds the Office of District Attorney. Any such motion must be submitted at least sixty days prior to the next annual meeting. Written notice of such proposed bylaws and
amendments shall be mailed to each member at least thirty days prior

MONDAY, MARCH 12, 1973

2657

to the next annual meeting and may be adopted by a majority of those members entitled to vote on the constitution or bylaws. The proposed constitutional provisions or bylaws and any amendments may be amended from the floor in any respect germane to the subject matter thereof. The notice by mail herein required may be by or through any official publica tion of the District Attorney's Association of Georgia.

Section 7. The first meeting of the Association shall be held no later than three months after the effective date of this Act on a day and in such place as shall be agreed upon by a majority of those mem bers who now or hereafter hold the Office of District Attorney in this State. At that meeting the officers and members of the Executive Com mittee shall be elected; constitution and bylaws shall be adopted; and such other business as may be necessary shall be transacted. Thereafter, a meeting shall be held at least once a year at such time and place as may be designated by the Executive Committee. Special meetings may be held at such times and places and upon such notice as may be pro vided in the constitution or bylaws of the Association.

Section 8. Notwithstanding any other provision of law, no Com mittee Member or Officer of said Association, whether elected or ap pointed, shall be ineligible to hold any of the offices of district attorney, district attorney emeritus, solicitor general emeritus, or assistant district attorney by virtue of his position as a Committee Member or Officer of the Association.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 152, nays 1.

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

By unanimous consent, HB 445, by substitute, was ordered immediately trans mitted to the Senate.

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.

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JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Levitas of the 50th moves to amend HB 1017 by adding a new subsection in Section 1 immediately after subsection (c) as follows: "(d) Where the resignation of said trustee will result in or permit sub stantial iinancial benefit to the trust; or" and re-lettering the remaining subsections 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 ayes were 158, nays 0.

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

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.

The following Committee amendment was read and adopted:

The Special Judiciary Committee moves to amend House Bill 983 as follows:
By striking Section 2 in its entirety which begins on line 15 of page 1.
By renumbering Section 3 as Section 2.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John

Adams, Marvih Alexander, W. H. Alexander, W. M.

Alien Bailey Beckham

Bennett Berlin Berry Blackshear Bohannon Bond 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. Colwell Coney Daugherty Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan
Ellis
Ezzard
Floyd, J. H.
Floyd, L. R.
Foster
Gignilliat
Grahl
Greer
Groover
Hamilton
Harden
Harrington
Harris, J. F.

MONDAY, MARCH 12, 1973

2659

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. 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 Marcus Mason Matthews, C. Mauldin
McDaniell
McKinney
Miles
Milford
Morgan
Moyer
Mulherin
Mullinax
Murphy
Nessmith
Nix
Noble

Northcutt Odom Oxford Patterson Pearce Peters Petro Phillips, G. S. 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 Thomason Thompson Toles Townsend Triplett Tucker Turner
Vaughn
Waddle
Wall
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.

Those voting in the negative were Messrs.:

Davis, E. T. Fraser

King

Wood

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JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Atherton Bostick Buck Burruss Busbee Coleman Collins, S. Connell Dean, Gib Dean, J. E.

Elliott Evans
Farrar Geisinger Grantham Hill, B. L. Larsen, W. W. Lowrey Matthews, D. R.

McCracken McDonald Patten, G. C. Patten, R. L. Ritchie Russell, J. Twiggs Walker Mr. Speaker

On the passage of the Bill, as amended, the ayes were 148, nays 4.

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

Mr. Wood of the 9th stated that he had inadvertently voted "nay" on the passage of HB 983, as amended, and had intended to vote "aye" thereon.

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 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 ayes were 165, nays 0.

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

The following Resolution was read and adopted:

HR 332. By Mr. Ross of the 72nd:
A RESOLUTION
Commending Addison M. Burt; and for other purposes.
WHEREAS, Addison M. Burt, a distinguished citizen of Washing ton, Georgia, recently received the distinct and high honor of being named Georgia's Small Businessman of the Year for 1972; and

MONDAY, MARCH 12, 1973

2661

WHEREAS, in receiving this award, the many outstanding ac complishments and contributions which this distinguished citizen has made to his community and State was recognized by his receiving this award; and

WHEREAS, Addison M. Hurt has been an active leader in the business, civic, religious and political life of his community and State; and

WHEREAS, it is only befitting and proper that the many outstand ing accomplishments and contributions of this outstanding citizen be recognized by this body.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its warmest and most heartfelt congratulations to Honorable Addison M. Burt upon his receiving the rare honor of being named Georgia's Small Businessman of 1972.

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 Honorable Addison M. Burt.

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

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

The following Senate amendment was read:

The Senate moves to amend HB 21.
by adding in Section 3 between the word "physician" and the word "and" on line 3 of page 2, the following language:
"specializing in eye diseases, other physicians,"
by adding in Section 8 between the word "physician" and the word "or" on line 5 of page 5, the following language:
"specializing in eye diseases, other physician,"

Mr. Adams of the 36th moved that the House agree to the Senate amend ment to HB 21.

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JOURNAL OF THE HOUSE,

On the motion, the ayes were 128, nays 0.

The motion prevailed and the Senate amendment to HB 21 was agreed to.

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 following Senate substitute was read:
A BILL
To be entitled an Act to provide for the filling of vacancies in the offices of ordinary, clerk of the superior court, tax commissioner and sheriff in certain counties of this State; to provide for successors; to provide for terms; to provide for elections; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Any other provision of law to the contrary notwith standing, in all counties of this State having a population of not less than 65,500 and not more than 73,500 according to the United States Decennial Census of 1970 or any future such census, upon the death, resignation, incapacity or inability of the ordinary, the clerk of the superior court, tax commissioner or the sheriff of any such county to serve, the chief deputy or chief clerk of such ordinary, clerk of the superior court, tax commissioner or sheriff shall assume the duties of the office of such ordinary, clerk of the superior court, tax commissioner or sheriff. Such chief deputy or chief c!erk shall serve until such time as the incapacity or inability of the ordinary, clerk of the superior court, tax commissioner or sheriff is removed or until the next succeeding general election, whichever comes first. The chief deputy or chief clerk shall receive no additional compensation for performing the duties of the ordinary, clerk of the superior court, tax commissioner or sheriff, except in cases involving the death or resignation of the ordinary, clerk of the superior court, tax commissioner or sheriff, in which case the chief deputy or chief clerk shall receive the same compensation, paid in the same manner, as the ordinary, clerk of the superior court, tax commissioner or sheriff would have received. Unless the incapacity or inability of the ordinary, clerk of the superior court, tax commissioner or sheriff is removed prior to the next succeeding general election, a duly qualified person shall be elected as ordinary, clerk of the superior court, tax commissioner or sheriff, and such person so elected shall serve for the remainder of the unexpired term of office of the ordinary,

MONDAY, MARCH 12, 1973

2663

clerk of the superior court, tax commissioner or sheriff whose office is vacant.

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

Mr. Dean of the 60th moved that the House agree to the Senate substitute to HB 570.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 570 was agreed to.

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.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 94 as follows:
By deleting in their entirety Lines 3 and 4 of Page 2 and substi tuting in lieu thereof the following:
"pursuant to law".
And, by deleting in their entirety Lines 18 and 19 of Page 2 and substituting in lieu thereof the following:
"limits of said city pursuant to law".

Mr. Brown of the 67th moved that the House agree to the Senate amendment to HB 94.
On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 94 was agreed to.

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JOURNAL OF THE HOUSE,

HB 535. By Mr. Brown of the 67th:
A Bill to be entitled an Act to create the Peachtree City Water Sewer age and Recreational Authority and to authorize such Authority to acquire and maintain projects embracing sources of water supply; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 535 as follows:
By adding at the end of Section 26, on line 12 of page 20, the fol lowing sentence:
"The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include ex emptions from sale and use taxes on property purchased by the Authority or for use by the Authority."
Mr. Brown of the 67th moved that the House agree to the Senate amendment to HB 535.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 535 was agreed to.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 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.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide for a local option income tax; to provide procedures and conditions for local adoption of such tax; to pro vide for the collection and administration thereof; to provide for alloca-

MONDAY, MARCH 12, 1973

2665

tion of funds therefrom; to provide for a property tax credit; to provide definitions; 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 GEORGIA:

Section 1. The governing authority of any county or municipality of this State, by ordinance or resolution enacted pursuant to its ordinary and regular legislative procedure, may adopt, by reference to this Act, a local income tax at the rate of one percent upon the entire Georgia taxable net income, as defined in Georgia Code Sec. 92-3107 (Ga. Laws 1971, pp. 605, 613), of every natural person resident of such county or municipality and of every corporation and fiduciary, with respect to so much of its Georgia taxable net income as is reasonably attributable to property owned and business done by it within such county or munici pality, to be determined by application of the three factor ratio provided for in Georgia Code Sec. 92-3113 (Ga. Laws 1950, pp. 299-300) as amended.

Section 2. Any such ordinance or resolution shall be enacted before June 1 in order to adopt the tax herein provided for the next succeeding calendar year. Upon adoption, such tax shall continue in effect for each succeeding calendar year until repealed by a subsequent ordinance or resolution, provided that any such local income tax which shall be in effect on January 1 of any calendar year shall remain in effect through December 31 of the same year. The governing authority shall certify to the State Revenue Commissioner before June 15 of the year of enact ment the fact that the tax provided for herein has been adopted.

Section 3. The term "natural person resident of such county or municipality", for purposes of this Act, means a natural person, resident of Georgia, who was domiciled in or maintained his principal residence in that county or municipality on the last day of any calendar year in which the tax provided for herein was in effect in that county or munici pality.

Section 4. If the tax provided for herein is adopted by a munici pality, it shall apply only to the residents of that municipality. If the tax provided for herein is adopted by a county, it shall apply to all residents of that county except those residing within the corporate limits of any municipality, whether lyin^ wholly or partially within that coun ty, which levies the tax provided for herein, regardless whether such municipality levied the tax before or after the date the county enacts its adopting ordinance or resolution.

Section 5. (1) Any local tax imposed pursuant to this Act shall be administered by the State Revenue Commissioner who may promulgate such reasonable rules and regulations and may adopt by reference such previously promulgated regulations applicable to the State's income tax as may be necessary and appropriate for such administration. To the extent practicable, any local tax imposed pursuant to this Act shall be collected and accounted for by the State Revenue Commissioner in the same manner and under the same procedures as provided in the Income

2666

JOURNAL OF THE HOUSE,

Tax Act of 1931, as amended, and the Current Income Tax Payment Act of 1960, as amended, for State income taxes. The State Revenue Com missioner shall credit all funds collected hereunder to a local income tax account. After deducting the prorated share of the operating costs of the Revenue Department and an amount sufficient to pay present and anticipated refunds, the Commissioner shall pay over the balance to the appropriate county and municipal fiscal authorities as soon as reason able and in no event not later than December 31 of the calendar year following the year of collection.

(2) In determining the prorated share of the annual cost of admin istration of this Act, the Commissioner shall apportion the operating costs of the Revenue Department in the same ratio which the collections of each county or municipality bear to the total income tax collections, State and local.

(3) From the proceeds of the taxes collected under this Act, the Commissioner shall be authorized to expend such other amounts as may be necessary for the proper administration and enforcement of this Act.

Section 6. (1) Any person, corporation, or other entity required to pay the local income tax provided herein shall be entitled to a credit against such tax equal to not more than 40% of its property tax liability accrued, and paid in the taxing county or municipality for the same year in which the income tax liability hereunder is incurred, but such credit shall not exceed 40% of the tax due under this Act.

(2) The term "property tax liability accrued" means the property tax accrued on personal property owned by the taxpayer and real prop erty which is taxable to the taxpayer and held by it under either a bona fide fee title (whether or not subject to a mortgage or deed to secure debt), an estate for life, or a bona fide contract of purchase providing for the conveyance of title to the taxpayer upon performance of the contract.

Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby de clares that it would have passed the remaining parts of this Act if it had know that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment, offered by Mr. Smith of the 42nd, was read and lost.

MONDAY, MARCH 12, 1973

2667

The following amendment was read and adopted:

Mr. Turner of the 3rd moves to amend the Committee substitute by adding in Section 6, line 26, the following after the phrase "equal to", the word:
"but".

An amendment, offered by Mr. Lee of the 114th, was read and lost.
An amendment, offered by Mr. Lee of the 114th, was read and withdrawn by unanimous consent.
An amendment, offered by Mr. Jordan of the 58th, was read and withdrawn by unanimous consent.
The following amendment was read and adopted: Messrs. Adams of the 14th and Connell of the 80th moves to amend
the Committee substitute to HB 84 by adding on page 1, line 16, after the word "municipality" the following:
", every natural person and corporation and fiduciary who is a non-resident of Georgia on income earned in or derived from sources in the taxing jurisdiction".
An amendment, offered by Messrs. Pearce of the 87th, King of the 85th, etal., was read and lost.
Mr. Buck of the 87th wished to be recorded as voting for the Pearce amend ment.
An amendment, offered by Mr. Connell of the 80th, was read and lost.
The following amendment was read: Mr. Beckham of the 82nd moves to amend the Committee substitute
to HB 84 as follows: Section 6, subparagraph (1), line 27, substitute 70% for 40%;
and In line 30, substitute 70% for 40%.

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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.

Bailey Beckham Bennett Berlin Berry Bohannon Brantley, H. L.
Bray Buck
Carr Castleberry Connell Davis, E. T. Dean, N. Dent Dixon Dollar Dorminy Edwards Floyd, L. R.

Harris, J. F.
Hays Hill, G. Howard Hudson Irvin, R. Johnson Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Logan Lowrey Matthews, D. R.
McDaniell McKinney Miles Mulherin Murphy Nix

Northcutt Oxford Patten, G. C. Pearce
Petro Ross Rush Sams Savage Shanahan Smith, V. B.
Snow Strickland Sweat Townsend Walker Wheeler, Bobby Willis Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bond Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. . Burruss Burton Carlisle Carrell Chance Cole Collins, M. Collins, S. Colwell Coney Daugherty Dean, Gib

Dean, J. E. Dickey Egan Elliott Ellis Evans Farrar Floyd, J. H. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. R Hawes Hill, B. L. Horton, G. T. Horton, W. L. Howell

Hutchinson Irvin, J. Irwin, J. R. Jessup Jones Jordan Keyton Kreeger Lambert Lee, W. S. Le vitas Lewis Marcus Mason Matthews, C. Mauldin McDonald Milford Morgan
Moyer Mullinax
Noble Odom
Patterson Peters

Phillips, G. S. Phillips, L. L Pinkston Rainey Reaves Ritchie Roach Rogers
Russell, J. Russell, W. D.

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2669

Smith, J. R. Stephens Thomason Thompson Toles Triplett Tucker Turner
Twiggs

Vaughn Waddle Wall Wamble Wheeler, J. A. Whitmire Williams Wilson, M. L.
Wood

Those not voting were Messrs.:

Blackshear Bostick Busbee Clark Coleman Davis, W. Duke

Ezzard Harrison King Knight Larsen, G. K. Larsen, W. W.

McCracken Nessmith Patten, R. L. Shepherd Ware Mr. Speaker

On the adoption of the amendment, the ayes were 58, nays 103.

The amendment was lost.

The following amendment was read:
Mr. Dollar of the 63rd moves to amend the Committee substitute to HB 84 by adding a new section to be known as Section 7 and each subsequent section renumbered accordingly. New section to read:
Section 7. This Act shall not be effective until approved by refer endum in the city or county affected.

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. Alien Bailey Beckham Bennett

Berlin Berry Blackshear Bohannon Brantley, H. L. Buck Busbee

Carr Castleberry Clark Collins, M. Collins, S. Colwell Coney

2670
Davis, E. T. Dean, Gib Dean, N. Dent Dollar Dorminy Duke Edwards Evans Foster Fraser Grahl Harden Harrington Harrison Hays Hill, B. L. Hill, G. Howard Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones

JOURNAL OP THE HOUSE,

Jordan King Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lewis Logan Lowrey Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan Mulherin Mullinax Murphy Nessmith Nix
Northcutt Oxford Patterson Pearce

Peters Petro Pinkston Rainey Reaves Rush Sams Savage Smith, V. B. Snow Strickland Sweat Thomason
Toles Twiggs Walker Wall Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Atherton Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Carlisle Carrell Chance Cole Connell Daugherty Davis, W. Dean, J. E.
Dickey
Dixon
Egan
Elliott
Ellis

Ezzard Farrar Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Grantham Greer Groover Hamilton Harris, J. F. Harris, J. R. Hawes Horton, G. T. Horton, W. L. Howell Irvin, R. Keyton Lambert Lee, W. S.
Levitas
Marcus
Mason
Matthews, C.

McDonald Moyer Noble Odom Patten, G. C. Phillips, G. S. Phillips, L. L. Ritchie Roach Rogers Ross Russell, J. Russell, W. D. Shanahan Shepherd Smith, J. R. Stephens Thompson Triplett Tucker
Turner
Vaughn
Waddle
Wamble

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2671

Those not voting were Messrs.:

Alexander, W. M. Coleman Knight Larsen, G. K.

Larsen, W. W. McCracken Patten, R. L. Townsend

Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 97, nays 73.

The amendment was adopted.

Mr. Williams of the 9th moved the House reconsider its action in adopting the Dollar amendment.

The motion prevailed. The Dollar amendment was withdrawn by unanimous consent.

The following amendment was read:
Mr. Nessmith of the 76th moves to amend the Committee substitute to HB 84 by adding a new Section 7 on page 4 and renumbering other sections accordingly. New Section 7 to read as follows:
Section 7. No such tax shall be imposed under this Act until approved by the voters in each county or municipality 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, G. D. Adams, J. H, Adams, Marvin Alexander, W. H. Alien Bailey Beckham Bennett Berlin Berry Blackshear

Bohannon Bostick Brantley, H. L. Bray Brown, S. P. Buck Burton Busbee Carr Carrell Castleberry

Chance Clark Cole Collins, M. Collins, S. Colwell Coney Davis, E. T. Dean, Gib Dean, N. Dent

2672
Dollar Dorminy Duke Edwards Elliott Evans Floyd, J. H. Foster Fraser Gignilliat Grahl Grantham Harden Harrington Harris, J. F. Harrison Hays Hill, B. L. Hill, G. Howard Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Kreeger Lane, Dick

JOURNAL OF THE HOUSE,

Lane, W. J. Lee, W. J. (Bill) Lewis Logan Lowrey Mason Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford
Morgan Moyer
Mulherin Mullinax
Murphy Nessmith
Nix
Noble Northcutt
Oxford Patten, G. C.
Patterson
Pearce Peters
Petro Pinkston
Rainey Reaves

Roach Ross Rush Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason
Toles Town send 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.

Adams, John Alexander, W. M. Atherton Brantley, H. H. Brown, C. Carlisle Connell Daugherty Davis, W. Dean, J. E. Dickey Dixon Egan

Ellis Ezzard Farrar Floyd, L. R. Geisinger Greer Groover Hamilton Harris, J. R. Hawes Horton, G. T. Horton, W. L. Irvin, R.

Lambert Lee, W. S. Le vitas Marcus Matthews, C. Odom Phillips, G. S. Ritchie Rogers Russell, J. Russell, W. D. Thompson Wamble

MONDAY, MARCH 12, 1973

2673

Those not voting were Messrs.:

Bend Brown, B. D. Burruss Coleman Howell

Knight Larsen, G. K. Larsen, W. W. McCracken Patten, R. L.

Phillips, L. L. Shepherd Vaughn Mr. Speaker

On the adoption of the amendment, the ayes were 127, nays 39.

The amendment was adopted.

Mr. Buck of the 87th moved that the House reconsider its action in adopting the Nessmith amendment.

The motion prevailed.

The following amendment was read and adopted:
Mr. Nessmith of the 76th moves to amend the Committee substitute to HB 84 by adding a new Section 7 on page 4 and renumbering the remaining Sections accordingly.
New Section 7 to read as follows:
Section 7. No such tax shall be imposed by any county or municipality under this Act until approved by the voters in the county or municipality seeking to impose such tax, by referendum.

An amendment, offered by Mr. Sweat of the 125th, 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, J. H. Adams, John Alexander, W. M.

Atherton Berlin Blackshear

Brantley, H. H. Brown, C. Brown, S. P.

2674
Burton Carlisle Carrell Chance Cole Colwell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dickey Dixon Dorminy Egan Elliott Ellis Parrar Ployd, L. R. Geisinger Grantham Greer Groover Hamilton

JOURNAL OF THE HOUSE,

Harris, J. R. Hawes Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Irvin, R. Irwin, J. R. Jordan King Lambert Lee, W. S. Levitas Lewis Logan Lowrey Marcus Matthews, C. McDonald Morgan Moyer Noble

Phillips, G. S. Phillips, L. L. Reaves Ritchie Ross Russell, J. Russell, W. D. Savage Smith, V. B. Sweat Thomason
Thompson Toles Townsend Triplett Tucker Vaughn Waddle Walker Wamble Whitmire Williams Wood

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. H. Alien Bailey Beckham Bennett Berry Bohannon Brantley, H. L. Bray Buck Burruss Busbee Carr Castleberry Clark Coleman Collins, M. Collins, S. Coney Connell Dean, Gib Dean, N. Dent Dollar Duke Edwards Evans

Ezzard Floyd, J. H. Foster Fraser Gignilliat Grahl Harden Harrington Harris, J. F. Harrison Hays Hill, G. Howard Hutchinson Irvin, J. Jessup Johnson Jones Keyton Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Mason Matthews, D. R. Mauldin McDaniell McKinney

Miles Milford Mulherin Mullinax Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Petro Pinkston Rainey Roach Rogers Rush Sams Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Turner Twiggs

Wall Ware Wheeler, Bobby

MONDAY, MARCH 12, 1973

2675

Wheeler, J. A. Willis

Wilson, J. M. Wilson, M. L.

Those not voting were Messrs.:

Bond Bostick Brown, B. D.

Knight Larsen, G. K. McCracken

Patten, L. R. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 78, nays 97.

The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Lee of the 114th served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional ma jority to HB 84, by substitute, as amended.

The Speaker announced the House recessed until 2:00 o'clock, P.M., this day.

AFTERNOON SESSION
The House was called to order by the Speaker.
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 50. By Senators Coverdell of the 40th, Garrard of the 37th, and Ward of the 39th: A Bill to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb.

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SB 282. By Senator Lester of the 23rd:
A Bill to amend an Act abolishing the justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, as amended, so as to revise, consolidate and clarify all the laws relating to the Municipal Court of Augusta.

SB 398. By Senator Lester of the 23rd:
A Bill to carry into effect an amendment to the Constitution, as found in Georgia Laws 1956, pp. 453, et seq.; to prescribe the powers and duties of said Board.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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 following Senate substitute was read:
A BILL
To be entitled an Act to authorize and require the State of Georgia, all of its agencies and institutions, except the Department of Transporta tion, and each county, municipal corporation, school district, political subdivision, public authority, public agency, public corporation and public instrumentality created under the Constitution and laws of the State of Georgia to provide relocation assistance and make relocation payments under certain circumstances, to persons displaced by public projects or programs; to establish and implement certain policies and practices and to pay or reimburse certain necessary expenses in con nection with the acquisition of real property for public projects or programs; to declare that the providing of such relocation assistance and payments, and, in connection with the acquisition of real property for public projects or programs, the establishing and implementing of all such policies and practices and the paying or reimbursing of all such necessary expenses, constitute governmental functions undertaken for public purposes for which public funds may be expended and for which the foregoing public entities possessing the power of taxation may exercise such power; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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2677

Section 1. In order to provide for the fair and equitable treatment of persons displaced as a result of public projects and programs so that such persons will not suffer disproportionate injuries as a result of projects and programs designed for the benefit of the public as a whole, to promote public confidence in land acquisition practices of public entities, and to permit public entities to comply with the pro visions of that certain Act of the Congress of the United States of America known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, in order to avoid the loss of large sums of money which will otherwise be made available to public entities as federal assistance in connection with public projects and programs, the State of Georgia, all of its agencies and institutions, except the Depart ment of Transportation, and each county, municipal corporation, school district, political subdivision, public authority, public agency, public corporation and public instrumentality created under the Constitution or laws of this State are hereby authorized and required:

(a) to provide relocation assistance and payments to persons dis placed by public projects or programs which said public entities shall undertake or sponsor, such relocation assistance and payments to be limited to relocation assistances and payments which are, by Section 210 of said Uniform Relocation Assistance and Real Property Acquisi tion Policies Act of 1970, required to be made or furnished to such displaced persons by said public entities in order that federal financial assistance can be made available to said public entities with respect to the public projects or programs causing such displacements; and

(b) to establish and implement acquisition policies and practices and provide for the payment or reimbursement of necessary expenses of persons whose properties are acquired in connection with the acquisi tion of real property for public projects or programs, such policies, practices, payments and reimbursements to be limited to real property acquisition policies, practices, payments and reimbursements which Section 305 of said Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 requires that said public entities establish and implement or pay and reimburse, as the case may be, in acquiring real property for a public project or program in order that federal financial assistance can be made available to said public entities with respect to such projects or programs.

Section 2. The providing of all of such relocation assistances and payments and, in connection with the acquisition of real property for public projects or programs, the establishing of all of such policies and practices and the paying or reimbursing of all of such expenses, are declared to be necessary, and shall and do constitute governmental functions undertaken for public purposes, and public funds may bo expended by said public entities in furtherance thereof and such of said public entities as possess the power of taxation in relation to the public projects and programs referred to above may exercise such power in furtherance thereof. Nothing contained in this Section 2 should be construed as a grant of a power of taxation to any of said public entities which do not possess, independently of this Act, any powers of taxation, but it shall constitute a grant of the power of taxation in relation to the public purposes hereinabove enumerated to such of said public entities as possess, independently of this Act, powers of taxation

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in relation to the particular public project or program undertaken or sponsored by such public entity which displaces a person, thereby giving rise to the necessity of relocation assistance and payments or which requires the acquisition of real property, thereby necessitating the aforesaid real property acquisition policies, practices, payments and reimbursements.
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. Levitas of the 50th moved that the House disagree to the Senate substitute to HB 265.
The motion prevailed and the Senate substitute to HB 265 was disagreed 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 Bills of the Senate, to-wit.
SB 54. By Senator Johnson of the 38th: A Bill to amend an Act entitled "An Act to provide for the retirement of the judges and Solicitor-General of the Criminal Court of Fulton County, the judges of the Civil Court and the judge of the Juvenile Court", as amended, so as to remove certain restrictions and limitations upon payments and benefits applicable.

SB 395. By Senators Wasden of the 2nd and Zipperer of the 3rd:
A Bill to amend an Act incorporating the City of Savannah Beach, Tybee Island, in the County of Chatham and State of Ga., so as to change the corporate limits of said City.

SB 409. By Senators Wasden of the 2nd, Riley of the 1st and Zipperer of the 3rd:
A Bill to provide for a Board of Elections in certain counties; to define its powers and duties concerning primaries and elections.

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2679

SB 358. By Senators Holloway of the 12th and Riley of the 1st:
A Bill to provide for the operation of the Georgia State Financing and Investment Commission created pursuant to an amendment to the Constitution ratified at the general election held on November 7, 1972; to provide for the issuance of public debt by the State.

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

SR 85. By Senator Smalley of the 28th:
A Resolution proposing an amendment to the Constitution so as to provide that the debt incurred by any county, municipal corporation or political subdivision shall never exceed 9 per centum of the assessed value of all the taxable property therein.
SR 78. By Senators Thompson of the 32nd, Warren of the 43rd and Ballard of the 45th: A Resolution relative to non-resident students and non-resident tem porary workers in Georgia.

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 368. By Mr. Parrar 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.

The following Committee substitute was read and adopted:
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; to provide for a short title; to provide for exceptions; to provide for definitions; to provide guidelines for local boards in development of procedures and requirements and standards of performance relative to educational improvement through teacher evaluation; to provide for self-evaluation; to provide for remediation of deficiencies; to provide for separations for teachers who cannot or will not meet effective standards; to provide for the time of employment

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in a local school system in order to come within the scope of the tenure coverage; to provide for the transfer from one system to another sys tem; to provide for a probationary period in the event a teacher changes his professional certificated position and for reversion to tenure status in the event of termination; to provide for a probationary period; to provide for a method of dismissal; to provide for a hearing on charges in a proposed dismissal action; to provide for a method of appeal; to provide for a method of removing charges from the permanent record of an employee; to provide for dismissal due to a decrease in student enrollment or other conditions beyond the control of the local board; to provide for the effect of breaching a contract; to provide for leaves of absence; to provide for maximum tenure age; to provide for ex clusions; 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 Teacher Evaluation and Tenure Act".

Section 2. Persons covered by teacher evaluation and tenure. All professionally certificated personnel as defined by the State Board of Education, excluding school system superintendents, who are employed in the local school systems of this State shall be eligible for tenure as hereinafter provided.

Section 3. Definitions. Unless clearly indicated otherwise by the context, the following words, when used in this Act, for the purposes of this Act, shall have the meanings respectively ascribed to them in this Section:

The word "teacher" means any professionally certificated person up to the rank of, but not to include, superintendent, who is employed by a local school system of Georgia.

The words "local school system" mean county, independent and area public schools systems of this State now or hereafter established pursuant to provisions of law.

"School board attorney" means the attorney employed or retained by the local board of education.

The word "termination" means separation of probationary personnel by the local board at the end of the annual contract period.

The word "dismissal" means separation of a probationary teacher during the contract year or separation of a tenure teacher at any time.

The words "academic year" mean that portion of the year during which the public schools of the State are in regular session or that the teacher is required to be on duty.

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2681

The word "probation" means a contract status enjoyed by a teacher for a period of time when he is on trial with less than tenure status. A provisionally certified teacher may serve in a probationary status, but may not be elected to tenure without professional certification or permit.

The words "annual contract" mean an original written offer and acceptance of employment for one year at a given annual salary under written conditions contained in the contract and subject to the pro visions of the statutes and the rules and regulations of the State and local boards of education.

The word "tenure" means the contract status enjoyed by a teacher on a continuing basis.

The word "cause" means that a teacher may be dismissed for incompetency, inefficiency, physical or mental disability relating to teaching performance, immorality, neglect of duty, insubordination or failure to carry out the competent directions of superiors or the man dates of the rules of the State or local boards of education, intent to overthrow of the local, State or federal government by acts of violence, or other good and sufficient causes.

"Professional Practices Commission" or "Commission" means the Commission created pursuant to an Act known as the "Professional Teaching Practices Act", approved April 19, 1967 (Ga. Laws 1967, p. 840), as now or hereafter amended.

Section 4. Adoption of Evaluation Regulations.

(a) The State Board of Education in consultation with the Advisory Committee on Educational Evaluation as provided for in the act known as the Georgia Educational Evaluation Act shall publish for the guidance of all systems and all local boards of education reasonable guidelines to be observed by local systems in development of standards, regula tions, and procedures for use in the evaluation of the performance of
teachers.

(b) Each local board of education, in accordance with the guide lines as specified in subsection (a) and requirements hereinafter set forth, shall develop or have developed and shall adopt, publish and implement objective performance standards, regulations, and procedures for use in evaluating the effectiveness of its teachers.

(c) The standards, regulations and procedures adopted must be reasonable and clearly and concisely stated. The standards, regulations and procedures shall apply equally to all teachers subject thereto.

(d) Before final adoption of the standards, regulations and pro cedures, the local board of education shall submit the proposed standards, regulations and procedures to the school board attorney. The school board attorney shall review and approve the proposed standards, regula tions and procedures if he is satisfied that:

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(1) they provide due process;

(2) they conform essentially to the requirement of this Act; and

(3) they could serve as a legal basis for determining the ineffectiveness of a teacher proposed for dismissal on the grounds of ineffectiveness pursuant to provisions of this Act.

(e) The proposed standards, regulations and procedures shall be available to the local Georgia Association of Educators unit and/or its attorney for review and evaluation.

(f) The State Board of Education shall review the teacher evalua tion standards, regulations and procedures and shall be assured that plans of local systems meet the minimum standards of the established guidelines. Staff assistance shall be provided for systems needing such assistance.

Section 5. Specific Requirements Relative to Regulations and Pro cedures for Evaluation.

(a) Evaluation standards, regulations, and procedures adopted pursuant to Section 4 of this Act shall include at least the following elements:

(1) after assessment of educational levels and abilities of students, the establishment of objectives for expected individual student performance and teacher performance and techniques for the measurement of that performance. All professional educational personnel shall be involved in establishing objectives in cognitive, affective, and psycho-motor domains with those persons to whom they are directly responsible.

(2) determination of teacher effectiveness as it relates to the objectives for individual student performance and teacher per formance as prescribed pursuant to subsection (a) of this Section by the implementation of a comprehensive process of evaluation of teacher performance.

(3) classroom teachers shall recommend and assist in determin ing methods, materials, and processes to accomplish the above objectives.

(4) evaluation of other duties normally required to be per formed by a teacher as an educationally related adjunct to his regular assignment.

(b) Such regulations shall also include adequate provisions for professional assistance for any teacher who is judged as needing to improve his performance. In providing for adequate professional assis tance, the regulations shall require:

MONDAY, MARCH 12, 1973

2683

(1) that professional assistance will be provided a teacher needing help after a conference between such teacher and his evaluator.

(2) that after professional assistance provided in Section 5(b) 1, if satisfactory performance has not been achieved, such ineffec tive teacher must be notified in writing of his ineffective per formance;
(3) that the written notice of ineffective performance must be clearly and specifically stated.
(c) Such regulations and procedures shall provide for at least the annual evaluation of teachers in the first three years of implementation of this Act and for every teacher in probationary years, beginning with the 1974-75 school year, and such evaluations shall be retained in the teacher's personnel file, but shall be confidential, and only available to the scrutiny of the teacher and superiors having an official need to see the record.
Section 6. Advice and Assistance in Developing Regulations. In developing standards, regulations and procedures for evaluation of teachers pursuant to this Act, a local board of education:
(a) may seek the advice and assistance of the Professional Practices Commission created pursuant to an Act known as the "Professional Teaching Practices Act", approved April 19, 1967 (Ga. Laws 1967, p. 840), as now or hereafter amended.

(b) shall provide for election by the local unit of the Georgia Association of Educators, of an advisory committee consisting of not less than 5 or more than 25 teachers, a majority of whom shall be classroom teachers, who are employees of the local school system for which the standards, regulations and procedures are being developed. The advisory committee shall be authorized to make specific recommenda tions relative to the content and requirements of the regulations, stan dards and procedures and to otherwise assist the local board of edu cation in developing same. This committee shall evaluate the total evaluative process annually and make written recommendations to the board.

(c) shall confer with and seek the advice of the local school system's superintendent in developing the standards, regulations, and procedures.

Section 7. Teacher may Append Statement to Evaluation. Any teacher evaluated pursuant to this Act, shall have the right to append a written statement to such evaluation. Such appended statement shall be a permanent part of his personnel file, and such teacher shall have access to his personnel file except privileged communications relating to his initial employment in the school system.

Section 8. Distribution of regulations. The standards, regulations and procedures adopted pursuant to this Act shall be distributed to

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teachers no later than the effective date of this Act and thereafter shall be provided to each new teacher upon employment.

Section 9. Tenure; Eligibility. All personnel of the local school systems of Georgia who come within the scope of the coverage of this Act shall have tenure status after they have been under a teacher evaluation system for three years and have completed three successive satisfactory academic years in a local school system. Provided, however, a teacher who has served in a local school system three or more succes sive academic years prior to the effective date of this Act may be placed on tenure status by the local board of education of such local system upon election for 1974-75. A tenure teacher, transferring from one system to another, shall not have tenure status in the new system, but shall be granted tenure status by the local board of the new system after being under the teacher evaluation system for one year and under such system having been judged as satisfactory and upon election for 1974-75. A tenure teacher, leaving a local system on any basis other than approved leave, shall be reinstated to tenure status in that system after being under the teacher evaluation system for one year and after being judged satisfactory under such system and upon election for 1974-75.

In the event a tenure teacher changes his professional certificated position within a local system, he shall revert to probationary status for three years in the new position, at the end of which time he shall during satisfactory service be elected to tenure status in the new position. Provided, however, nothing contained herein shall in any way affect the original tenure status of such teacher in his original position, and in the event of termination in such new position, the teacher shall revert to tenure status in the first position vacancy equal to the classification of his original position.

Section 10.
(a) Probationary Period.
(1) Status. A teacher as defined in this Act shall be on an annual contract basis during probation.
(2) Termination.
a. In each of the three probationary years of a beginning teacher, if the teacher is not to be continued after the termina tion of his annual contract, the teacher, on or before April 15, shall be given written notice that he will not be recommended for reelection to the second or third year of probation or to tenure status. Separations arising under said notice shall not give cause for hearing or appeal; provided, however, he has been under the teacher evaluation system for each probationary year and has been notified in writing of deficiencies and has had opportunity to correct deficiencies as provided in this Act.
If such notice is not given in writing on or before April 15, the teacher shall be deemed to be reelected.

MONDAY, MARCH 12, 1973

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b. If during the one probationary year of a teacher having transferred from a system in which he attained tenure, a teacher is judged through the evaluation process to be perform ing at an unsatisfactory level, he shall be notified in writing no later than April 15 of specific deficiencies and intent not to recommend for reelection, with right of hearing before the local board, and right of appeal to the State Board of Educa tion.

(b) Tenure Period. A tenure teacher may be dismissed for cause upon recommendation of the superintendent with written notice of specific charges thirty days before the proposed action with right of public hearing before the local board upon written request within ten days of receipt of notice. Said hearing shall be held within thirty days of the receipt of the request for the hearing, and with right of appeal to the State Board of Education. If, at any final level of jurisdiction, the defendant teacher is exonerated, the charges shall be expunged from his official record.

(c) Professional Practices Commission. The teacher, superintendent or local board of education shall be authorized to request the Professional Practices Commission to make an investigation of the issues and evidence involved in a teacher's dismissal. When such a request is made, the Commission shall appoint a panel of five persons, selected by the Commission, to make such investigation. The report of such investigation shall be completed on or before the date the hearing is scheduled pursuant to subsections (a) (2)b and (b) of this Section and shall be submitted to the local board of education, the superintendent and the teacher. The report of such investigation shall become a part of the record in the

(d) Local Board Decision. After hearing the testimony of the parties at such hearing and after considering the report of investigation pursuant to subsection (c) of this Section, if applicable, and such other pertinent testimony and evidence as the local board deems neces sary, within 30 days after the date of the hearing, the local board of education shall render its decision, either upholding the teacher's dismissal or reinstating the teacher and shall notify the teacher in writing setting forth findings of fact and conclusions on each charge and specification.
(e) Tenured Teachers Under Special or Local Tenure Laws. Teachers who have attained tenure in school systems covered under the provisions of special or local tenure laws shall retain tenure under the provisions of this Act on the effective date.
Section 11. Staff Reductions. Nothing in the foregoing provisions shall be construed as preventing a local board from separating an employee from the school system due to a decrease in student enroll ment, because of unavailability of funds which dictate reduction of staff, or because of discontinuation of any program or other conditions beyond the control of the local board of education, provided that in staff reduction, for any reason, the local board gives preferential con sideration in continued employment to the qualified and/or certificated members of the staff who have seniority within the local system.

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Section 12. Effect of Breaching Contract. Any probationary teacher who breaches his contract after July 1 of any year without a release in writing from his superintendent shall lose any accrued time on probation and shall be subject to license denial or revocation as provided in the "Minimum Foundation Program of Education Act" approved January 24, 1964 (Ga. Laws 1964, p. 3), as now or hereafter amended. Any tenure teacher who breaches his contract after July 1 of any year without a release in writing from his superintendent shall lose his tenure status, shall be subject to license denial or revocation, as pro vided in the "Minimum Foundation Program of Education Act'r ap proved January 24, 1964 (Ga. Laws 1964, p. 3), as now or hereafter amended, and shall be required again to serve his full probationary period under the teacher evaluation system and his service be judged as satisfactory before being elected to tenure status.

Section 13. Leaves of Absence. Leaves of absence, including, but not limited to, annual, sick, maternity, professional, sabbatical, and military leave, shall be established by local board policy. The board shall annually publish its policy relative to leaves of absence and furnish each teacher with a copy. Amendments to the policy relative to leaves of absence shall be published and furnished to each teacher within thirty days after adoption by the local board. When a leave of absence is requested of a local board, the local superintendent shall notify the teacher in writing that his request has been approved or denied. All requests for leaves of absence shall be in writing.

Section 14. Maximum Tenure Age. The maximum tenure age of a teacher shall be sixty-five. After attaining maximum tenure age, a teacher shall revert to annual contract status.

Section 15. Exclusions. The provisions of this Act shall not apply to employees covered by the State Merit System of Personnel Administra tion.

Section 16. Suspension. Nothing contained in this Act shall be construed so as to infringe upon the power of a local superintendent or local board to suspend a teacher for cause as provided by law, pend ing hearing on specific charges in accordance with provisions of this Act.

Section 17. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged in valid or unconstitutional, such adjudication sha1 ! in no manner affect
the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 18. Effective Date. The provisions of this Act shall become effective September 1, 1974, and shall apply to the academic year 1974-75 and thereafter.

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Section 19. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Berry Blackshear Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carrell Chance Clark Coleman Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Egan Elliott Farrar Floyd, L. R.

Fraser Geisinger Gignilliat Grantham Harden Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Hudson Hutchinson Irvin,R. Jessup Johnson Jordan Keyton King Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Miles Morgan Moyer Mulherin Murphy Nix

Noble Northcutt Odom Oxford Patten, G. C. Patterson Pearce Petro Phillips, L. L. Pinkston Roach Rogers Ross Russell, W. D. Sams Shanahan Shepherd Smith, J. R Snow Stephens Strickland Sweat Thomason Thompson
Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

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Those voting in the negative were Messrs.:

Adams, J. H. Alien Berlin Bohannon Burton

Castleberry Foster Irwin, J. R. Jones McDonald

Milford Mullinax Peters Russell, J. Smith, V. B.

Those not voting were Messrs.:

Beckham Bennett Bond Bostick Brantley, H. L. Carr Cole Collins, M. Daugherty Edwards Ellis Evans Ezzard Floyd, J. H.
Grahl

Greer Groover Hamilton Harrington Harris, J. F. Horton, W. L. Howell Irvin, J. Knight . Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lewis

McCracken Nessmith Patten, R. L. Phillips, G. S. Rainey Reaves Ritchie Rush Savage Townsend Triplett Ware Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 122, nays 15.

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

By unanimous consent, HB 368, by substitute, was ordered immediately transmitted to the Senate.

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.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for educational improvement through educational evaluation; to provide for a short title; to provide for the purpose of this Act; to provide for definitions; to provide for the powers and duties of the State Board of Education; to provide for

MONDAY, MARCH 12, 1973

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an advisory committee on educational evaluation; to provide for all matters relative to the foregoing; to provide for the powers and duties of local boards of education; to provide for completion dates; to provide for appropriation of funds; to provide for penalty for noncompliance; to provide for severability; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Short Title. This shall be known and may be cited as the "Georgia Educational Evaluation Act".

Section 2. Purpose. It is the purpose of this Act to require the State Board of Education and local boards of education to be held accountable for establishing and implementing educational goals and objectives for student achievement consistent with the abilities of in dividual students within the framework of goals and objectives set by the State Board of Education and for reporting to the public the extent to which these goals and objectives have been met.

Section 3. Definitions. As used in this Act, the following terms shall have the meaning indicated:

The words "educational evaluation" mean the process by which the accomplishments of a local school board or the State School Board are examined in relation to previously identified goals and objectives, and by which the results of this examination are reported in a manner that enables the public to judge the effectiveness of the local or State board.

The phrase "educational goals" means outcomes expected of an educational effort over an indefinite period of time.

The phrase "educational objectives" means specific and measurable outcomes expected of an educational effort within a definite time frame.

The phrase "external audit" means a method of verifying, by an outside, independent group or team selected by the Georgia General Assembly, in consultation with the Advisory Committee on Educational Evaluation, the results of each local school board and the State School Board by:

(a) determining the adequacy of evaluation plans of the State Board and local boards of education, including but not limited to goals and objectives;

(b) determining the adequacy of the procedures used in the measure ment of results;

(c) establishing that these procedures have been followed;

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(d) determining that the extent to which these procedures are objectively based;

(e) reporting these findings to the State Board and the General Assembly;

(f) and such other findings as may be directed by the Georgia General Assembly.

Section 4. Powers and Duties of the State Board of Education.

(a) The State Board of Education shall develop and implement a State plan for educational evaluation that will include:

(1) A statement of educational goals and objectives, including methods of assessment to determine the degree to which the goals and objectives are achieved in relation to the initial level and socio-economic background of students in affective, cognitive, and psychomotor domains, with participation of professional educators
at all levels, to include classroom teachers;

(2) The development of rules, regulations, procedures and time schedules for the implementation of this Act;

(3) The external audit by the State Board of Education of the accomplishments of local boards of education;

(4) An annual report to the General Assembly of the applica tion of this Act including a report of the external audits of local school systems; and

(5) The determination of funds necessary to administer this Act and the request of necessary funds from the General Assembly. Section 5. Advisory Committee on Educational Evaluation.

(a) An Advisory Committee on Educational Evaluation shall advise and assist the State Board of Education in carrying out the provisions of this Act.

(b) The composition, method of selection, and terms of office of the Advisory Committee on Evaluation in Education shall be as set forth below:

(1) Eight members of the General Assembly shall serve on the Committee as follows:

a. Four members of the House of Representatives:

1. Chairman of the House Education Committee;

2. the others appointed by the Speaker during the regular session convening in odd-numbered years.

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2691

b. Pour members of the Senate as follows:

1. Chairman of the Education Affairs Committee;

2. the others appointed by the President of the Senate during the regular session convening in odd-numbered years.

(2) Twenty-one members shall be appointed by the State Board of Education from among nominees submitted by the associations listed. Three names shall be submitted for each position.

a. Three of such members shall be members of local school system boards of education appointed from a list submitted by the Georgia School Boards Association.

b. Eight of such members shall be classroom teachers appointed from a list submitted by the Georgia Association of Educators.

c. Two of such members shall be appointed from a list of local school superintendents submitted by the Georgia Association of Educators.

d. Two of such members shall be public school principals, one secondary and one elementary, appointed from a list submitted by the Georgia Association of Educators.

e. Three of such members shall be appointed from a list sub mitted by the General Association of Educators from the following categories: librarians, counselors, personnel administrators, visiting teachers, higher education, curriculum directors, supervisors, co ordinators, and consultants of vocational education and other special programs.

f. Three of such members shall be citizens of Georgia who are not directly associated with public education but who are known to have an interest in the improvement of public education in this State. These members shall be appointed by the State Board of Education from a list submitted by the Georgia Parent Teachers Association.

(3) There shall be minority representation on the Committee.

(4) The members of the Committee appointed pursuant to paragraph (2) of subsection (b) of this Section shall be appointed for initial terms as follows: seven for one year, seven for two years and seven for three years, all terms beginning from the date of their appointment. At least one member from each of the above categories of membership shall be appointed for the initial three and two year terms. Thereafter, their successors shall be appointed in the manner set lorth in subsections (b) (1) and (2) of Section 5 for terms of three years, upon the expiration of the respective terms of office, and until their successors are appointed and qualified. Vacancies occurring for any reason shall be filled in

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the same manner as other appointments are made for the unexpired term.

(5) The Committee shall elect a chairman and such other officers as it deems necessary and adopt its own rules governing its operation. It shall meet at least semiannually and such other times as necessary to review the existing policies and procedures and make recommendations to the State Board of Education for im provement of the policies and procedures.

(6) Expenses.

a. The legislative members of the Committee shall receive the expenses and allowances provided by law for members of legislative interim committees for attending meetings of the Committee or otherwise performing duties on behalf of the Committee. The funds necessary for this purpose shall come from funds appropriated or otherwise available to the legislative branch of government.

b. The nonlegislative members of the Committee shall be re imbursed for actual and necessary expenses incurred in the per formance of their duties as such members in the same manner as State employees. The funds necessary for this purpose, including funds for professional leave for educators, shall come from funds appropriated or otherwise available to the State Board of Education and the State Department of Education. Funds necessary to defray costs to carry out the provisions of this Act shall come from funds appropriated or otherwise available to the State Board of Education and the State Department of Education.

Section 6. Powers and Duties of Local Boards of Education. Each county, area, and independent board of education shall prepare and submit to the State Board of Education, for approval, a plan for edu cational evaluation in the local school system in addition to the State plan devised and implemental pursuant to Section 4 of this Act. The
local boards of education shall consult with professional educators, including classroom teachers, in the preparation of local plans. Local plans shall be prepared according to procedures and criteria developed
by the State Board of Education.

Section 7. Dates for Completion of State and Local Plans. The State plan and a five-year schedule for the implementation thereof shall be completed and reviewed for approval by the General Assembly by January 1, 1974, with implementation to begin not later than September, 1974. Local plans and a five-year schedule for implementa tion shall be submitted to the State Board of Education by January 1, 1975, with implementation to begin not later than September, 1975.

Section 8. Selecting and Funding of Auditor. The Georgia General Assembly may retain a performance auditor to determine the degree to which objectives provided for in this Act have been met, the said auditor to be compensated out of funds appropriated to the Georgia General Assembly.

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Section 9. Noncompliance. The State Board of Education is hereby authorized and directed, after warning, to withhold the payment of State funds to any local board of education failing to comply with the requirements of this Act.

Section 10. 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 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. Effective Date. The provisions of this Act shall become effective immediately upon approval by the Governor or by otherwise becoming law.

Section 12. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Atherton Bailey Beckham Berry Bond Brantley, H. H. Bray
Brown, B. D. Brown, C. Buck Busbee Carlisle Carr
Carrell Chance

Coleman Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dollar
Dorminy Duke Edwards Egan Elliott Evans
Farrar Floyd, L. R.

Fraser Gignilliat Grahl Grantham Harden Harris, J. R. Harrison Hawes Hays Horton, G. T. Howard
Hudson Hutchinson Irvin, J. Jessup Johnson Jordan
Keyton King

2694
Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell Miles Morgan Moyer Mulherin Mullinax Nix Noble Northcutt

JOURNAL OF THE HOUSE,

Odom Oxford Patten, G. C. Patterson Pearce Petro Pinkston Eainey Roach Rogers Ross Rush Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Snow Stephens Strickland

Sweat 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

Those voting in the negative were Messrs.:

Alien Berlin Bohannon Burton Castleberry Foster

Gei singer Howell Irwin, J. R. Jones
Larsen, W. W.

McDonald Milford Peters Russell, J. Smith, V. B.

Those not voting were Messrs.:

Adams, J. H. Alexander, W. H. Bennett Blackshear Bostick Brantley, H. L. Brown, S. P. Burruss Clark Cole Collins, M. Daugherty Dean, Gib Dickey Dixon Ellis

Ezzard Floyd, J. H. Greer Groover Hamilton Harrington Harris, J. F. Hill, B. L. Hill, G. Horton, W. L. Irvin, R. Knight Lane, W. J. Larsen, G. K. Lewis

Matthews, D. R. McCracken McKinney Murphy Nessmith Patten, R. L. Phillips, G. S. Phillips, L. L. Reaves Ritchie Savage Thomason Townsend Triplett Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 118, nays 16.

MONDAY, MARCH 12, 1973

2695

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

By unanimous consent, HB 369, by substitute, was ordered immediately trans mitted to the Senate.

Mr. Brown of the 89th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 369, by substitute, but had he been present would have voted "aye".

Mr. Irvin of the 23rd wished to be recorded as voting "nay" on the passage of HB 369, by substitute.

The Speaker Pro Tern assumed the chair.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 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 requir ing notice and hearing prior to the denial, modification or revocation of certificates; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 139, nays 0.

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

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

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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.

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

On the passage of the Bill, the ayes were 133, nays 0.

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

HB 1118. By Messrs. Busbee of the 114th and Floyd of the t5th:
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.

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

On the passage of the Bill, the ayes were 153, nays 0.

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

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 Re sources 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.

The following amendment was read and adopted:
Mr. Carr of the 90th moves to amend HB 1008 by striking the words "under the conditions he prescribes" found on lines 3 and 4, page 3 and substitute in lieu thereof "under such rules and regulations as the Board may prescribe" and striking the words "as he deems rele vant" on lines 5 and 6, page 3, and substituting in lieu thereof "as set forth in such rules and regulations".

MONDAY, MARCH 12, 1973

2697

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 146, nays 0.

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

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 licenses for the sale of distilled spirits or alcoholic beverages shall not be subject to the prohibitions of said Act; and for other purposes.
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.

On 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. Alexander, W. H. Alexander, W. M. Bailey Beckham Berlin Blackshear Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Carlisle Carr Carrell Castleberry Clark Cole Coleman Coney Connell

Daugherty Davis, E. T. Dean, J. E. Dent Dorminy Edwards Egan Ellis Evans Floyd, J. H. Fraser Geisinger Gignilliat Grantham Groover Hamilton Harden Harris, J. R. Harrison Hawes

Hays Horton, G. T. Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Lambert Lane, W. J. Lee, W. J. (Bill) Levitas Marcus Matthews, C. McDaniell McDonald

2698
McKinney Miles Milford Morgan Moyer Mulherin Mullinav Nessmith Oxford Pearce Petro

JOURNAL OF THE HOUSE,

Phillips, G. S. Rogers Ross Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Snow Stephens

Strickland Thompson Townsend Tucker Vaughn Waddle Walker Wamble Wheeler, J. A. Whitmire Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Atherton Bennett Bohannon Bostick Bray Burton Busbee Chance Collins, M. Collins, S. Dean, Gib Dean, N. Dixon Dollar Duke Floyd, L. R.

Foster Harrington Harris, J. F. Hill, G. Howell Hudson Kreeger Lane, Dick Larsen, W. W. Lee, W. S. Lowrey Mason Matthews, D. R. Mauldin Murphy Nix Patten, G. C. Patterson

Peters Rainey Reaves Ritchie Roach Rush Smith, V. B. Sweat Toles Triplett Turner Wall Ware Wheeler, Bobby Williams Willis Wilson, J. M. Wood

Those not voting were Messrs.:

Adams, John Alien Berry Bond Brown, B. D. Buck Burruss Colwell Davis, W. Dickey Elliott

Ezzard Farrar Grahl Greer Hill, B. L. Horton, W. L.
Howard Knight Larsen, G. K. Lewis Logan

McCracken Noble Northcutt Odom Patten, R. L. Phillips, L. L. Pinkston Shepherd Thomason Twiggs Mr. Speaker

On the passage of the Bill, the ayes were 93, nays 54.

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

MONDAY, MARCH 12, 1973

2699

Mr. Lane of the 41st served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 871.

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.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 93-3, relating to the jurisdiction, duties and powers of the Georgia Public Service Commis sion, of the Code of Georgia of 1933, so as to provide that in fixing just and reasonable rates, the Commission shall consider the quality of service rendered; to provide that the Public Service Commission may impose a civil penalty for violation of the laws or its regulations and orders relating to any person, firm or corporation subject to its juris diction; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 93-3, relating to the jurisdiction, duties and powers of the Georgia Public Service Commission, of the Code of Georgia of 1933, is hereby amended by adding a new Code Section to be designated Section 93-309.1, to read as follows:
"93-309.1. In determining what are just and reasonable rates and charges to be made by any person, firm or corporation (here inafter referred to as 'utility') subject to its jurisdiction, the Public Service Commission is authorized and is hereby directed to con sider the quality of the service rendered by such utility."
Section 2. Code Chapter 93-3, relating to the jurisdiction, duties and powers of the Georgia Public Service Commission, is hereby further amended by adding a new section to be designated Section 93-309.2, to read as follows:
"93-309.2. (a) Any person, firm or corporation (hereinafter referred to as 'utility'), subject to the jurisdiction of the Public Service Commission, who shall wilfully violate any law admin istered by the Commission, or any duly promulgated regulation issued thereunder, and any utility who fails, neglects or refuses

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JOURNAL OF THE HOUSE,

to comply with any order, after notice thereof, shall be liable to a penalty not to exceed $1,000 for said violation and an additional penalty not to exceed $500 for each day during which such violation continues.

(b) (1) The Commission, after hearing upon not less than thirty (30) days notice, shall determine whether any utility has wilfully violated any law administered by the Commission, or any duly promulgated regulation issued thereunder, or has failed, neg lected or refused to comply with any order of the Commission, and upon appropriate finding thereof may impose such civil penalties as herein provided by order for such violations. In each such pro ceeding, the Commission shall maintain a record including all pleadings, a transcript of proceedings, a statement of each matter of which the Commission takes official notice, and all staff mem oranda or data submitted to the Commission in connection with their consideration of the case. All penalties and interest thereon (at the rate of 10 percent per annum) recovered by the Commission shall be paid into the general fund of the State Treasury.

(2) Any party aggrieved by a decision of the Commission may seek judicial review as provided in Section 93-309.2(c).

(c) (1) Any party who has exhausted all administrative rem edies available before the Public Service Commission and who is aggrieved by a final decision of the Commission in a proceeding described in subsection (b) of this Section may seek judicial review of the final order of the Commission in the Superior Court of Ful ton County.

(2) Proceedings for review are instituted by filing a petition within 30 days after the service of the final decision of the Com mission, or, if a rehearing is requested, within 30 days after the decision thereon. A motion for rehearing or reconsideration after a final decision by the Commission shall not be a prerequisite to the filing of a petition for review. Copies of the petition shall be served upon the Commission and all parties of record before the Commission.

(3) The petition shall state the nature of the petitioner's in terest, the facts showing that petitioner is aggrieved by the decision and the ground as specified in subsection (c) (6) of this Section upon which the petitioner contends that the decision should be re versed. The petition may be amended by leave of court.

(4) Within 30 days after service of the petition, or within further time stipulated by the parties or allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed for the additonal costs. The court may require or permit subsequent corrections or additions to the record.

MONDAY, MARCH 12, 1973

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(5) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is ma terial and there were good reasons for failure to present it in the proceedings before the agency, the court shall order that the addi tional evidence be taken before the Commission upon procedure determined by the court. The Commission may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.

(6) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Commission as to the weight of the evidence on questions of fact. The court may affirm the decision of the Commission, or remand the case for further proceedings. The court may reverse the decision of the Commission if substantial rights of the petitioner have been prejudiced because the Com mission's findings, inferences, conclusions or decisions are

(a) In violation of constitutional or statutory provisions;

(b) In excess of the statutory authority of the Commission;

(c) Made upon unlawful procedure;

(d) Clearly not supported by any reliable, probative, and sub stantial evidence on the record as a whole; or

(e) Arbitrary or capricious.

(7) A party aggrieved by an order of the court in a proceeding authorized under subsection (d) of this Section may appeal to the Supreme Court of Georgia or Court of Appeals of Georgia in ac cordance with an Act approved February 19, 1965, Ga. Laws 1965, p. 18, as now or hereinafter amended."

Section 3. If any part, section, sentence, clause or phrase of this Act is declared or adjudged unconstitutional or void, the General As sembly hereby declares that it would have enacted the remaining parts, sections, sentences, clauses or phrases and they shall be considered severable and not affected thereby.

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, by substitute, was agreed to.

2702

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 147, nays 0.

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

By unanimous consent, HB 1120, by substitute, was ordered immediately transmitted to the Senate.

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.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend certain laws relating to the appoint ment and salary of the Supervisor of Purchases, in particular Section 40-1901 of the Code of Georgia, as amended; the duties, power and au thority of the Supervisor of Purchases, in particular Section 40-1902 of the Code of Georgia as amended; and an Act to provide a uniform method of fixing, limiting and restricting the salary, allowances and travel expense to be paid to elected officials, etc. approved March 12, 1953 (Ga. Laws 1953, p. 613), as particularly amended by Ga. Laws 1959, p. 177, Ga. Laws 1963, p. 477, and Ga. Laws 1967, p. 98; and an Act to provide for additional compensation for certain designated State officials, approved March 2, 1970 (Ga. Laws 1970, p. 119); so that said laws will provide for methods of compensation of officials of the Ex ecutive Branch; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Section 40-1901 of the Code of Georgia, as amended, relating to the establishment of the Office of Supervisor of Purchases, is hereby amended by striking the section in its entirety and substitut ing the following section:
"The Commissioner of the Department of Administrative Ser vices shall designate the individual or individuals to execute the responsibilities as provided in the various sections of Georgia Code Section 40-19. The Commissioner shall set the compensation of such individuals, or may, at his election place such individuals in the Classified Service of the Merit System."

MONDAY, MARCH 12, 1973

2703

Section 2. Section 40-1902 of the Code of Georgia, as amended, relating to the duties, power and authority of the Supervisor of Pur chases is hereby amended by striking the first sentence thereof, which says:

"The Supervisor of Purchases shall have the power and author ity and it shall be his duty subject to the provisions of this Chapter", and inserting in lieu thereof the following sentence:

"The Commissioner of the Department of Administrative Ser vices shall have the power and authority and it shall be his duty subject to the provisions of this Chapter."

Section 3. An Act providing a uniform method of fixing, limiting and restricting the salary, allowances and travel expense to be paid to elected officials, etc., approved March 12, 1953, as amended (Ga. Laws 1953, p. 613, as particularly amended by Ga. Laws 1959, p. 117, Ga. Laws 1963, p. 477, and Ga. Laws 1967, p. 98), is hereby amended by striking Section 1, subsection (a), in its entirety and substituting in lieu thereof the following:

(a) The annual salary payable in semi-monthly installments to heads of departments of the Executive Branch shall be set by the General Assembly, provided however the appointing authority shall set the amount of compensation until confirmed or amended by the General Assembly. The head of a department shall set the compen sation of subordinate subject to approval of the appointing author ity, and may, at his election, provide for subordinates in unclassified service to be placed under the classified service of the Merit System.

Section 4. An Act to provide for additional compensation for cer tain State officials, approved March 2, 1970 (Ga. Laws 1970, p. 119), is hereby amended by deleting the words "Supervisor of Purchases" irom Section 1, so that when amended, Section 1 will read as follows:

"Section 1. In addition to any other compensation and any allowances which they are now being paid, the Secretary of State, each member of the Public Service Commission, the Director of the State Highway Department, the Director of the Game and Fish Commission, the Director of the Forestry Commission, the Secre tary of the Senate and Clerk of the House of Representatives, and the Commissioner of Agriculture shall receive the amount of $800.00 per annum for each four years of State service with a branch or department of State government financed by appropriations payable through the State Treasury, figured at the beginning of each such period of service, up to a maximum of 20 years service. Such amounts shall be paid in the same manner and from the same funds as the other compensation of such officials is paid."
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Section 6. This Act shall become effective upon its being approved by the Governor or otherwise becoming law.

2704

JOURNAL OF THE HOUSE,

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E.
Dean, N.
Dent
Dixon
Dollar
Dorminy
Duke

Edwards Elliott Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones Keyton King Kreeger Lambert Lane, Dick Larsen, G. II. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
McKinney

Miles Morgan Moyer Mulherin Mullinax Nix Noble Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner
Twiggs
Vaughn
Waddle
Walker
Wall
Ware

Wheeler, Bobby Wheeler, J. A. Whitmire

MONDAY, MARCH 12, 1973

2705

Williams Willis

Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Coney Grantham Jordan

Lane, W. J. Larsen, W. W. Mauldin

McDonald Milford Ross

Those not voting were Messrs.:

Berlin Blackshear Bond Brantley, H. L. Brown, B. D. Collins, M. Dickey Egan Ellis Ezzard
Gignilliat

Grahl Greer Hawes Hays Hill, G. Howard Jessup Knight McCracken McDaniell
Murphy

Nessmith Patten, R. L.
Petro Ritchie Russell, W. D. Snow Thomason Wamble Wilson, M. L. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 139, nays 9.

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

By unanimous consent, HB 336, by substitute, was ordered immediately transmitted to the Senate.

The following Bill of the House was taken up for the purpose of consider ing the Senate substitute thereto:

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.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating a Department of Public Safety for Georgia and providing, among other purposes, for a program of drivers 7 licenses, including their classification, duration, ex

2706

JOURNAL OF THE HOUSE,

piration date and fees, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to authorize the Commissioner to refuse to issue or revoke the driver's license of certain persons; to make more explicit reference to current classes of drivers' licenses; to provide for a four-year license; to provide for a temporary privilege in certain hold ers of two-year licenses to convert to four-year licenses; to provide for changes in fees for drivers' licenses; to provide correct references to the "Commissioner" rather than to the "Director" of the Department (as provided by the Executive Reorganization Act of 1972); 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 a Department of Public Safety for Georgia and, among other purposes, providing in Section 5 of Article IV for the time for which drivers' licenses may be issued and their expira tion date, approved March 19, 1937 (Ga. Laws 1937, p. 322, 344), as amended, particularly as amended by an Act approved April 5, 1961 (Ga. Laws 1961, p. 433), and an Act approved March 3, 1964 (Ga. Laws 1964, pp. 171, 172), is hereby amended by adding at the end of Section 2 of Article IV the following:

"No license shall be issued to any person incapacitated by rea son of disease, physical disability, or a confirmed drunkard or user of drugs, who by reason of such disability is unable to operate a motor vehicle with safety upon the public roads or highways with in this State. Any license granted without knowledge of such dis ability shall be immediately revoked and canceled upon notice as herein provided. The Commissioner shall revoke the license of any operator or chauffeur upon receiving the record of such an opera tor's or chauffeur's conviction of the theft of a motor vehicle or any part thereof; and the Commissioner shall not consider the said convicted person's application for reinstatement of such revoked license until the expiration of the full term of the sentence imposed, whether served during actual imprisonment, probation, parole or suspension. It shall be grounds for the revocation of any such per son's parole or probation if he operates a motor vehicle while his license is in revocation pursuant to this Act. Provided, however, that it shall be within the discretion of the trial judge, who imposed sentence upon the person convicted of the theft of a motor vehicle or any part thereof, to reinstate said person's driver's license after a reasonable time."

Section 2. Said Act is further amended by striking Section 5 of Article IV in its entirety and substituting in lieu thereof the following:
"Section 5. Other than learners' permits and honorary licenses, and except as otherwise provided, licenses to operate motor vehicles of each class, which are hereafter newly-issued or renewed, shall expire on the holder's last birthday within the four-year period following the date the license was issued or renewed. For the pur pose of this Act, in the event any person's birthday falls on Feb-

MONDAY, MARCH 12, 1973

2707

ruary 29, it shall be deemed to fall on March 1st: All honorary licenses issued pursuant to an Act approved February 25, 1949 (Ga. L. 1949, p. 1152), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 755), shall not expire by virtue of this Act, and shall remain in full force and effect until suspended, re voked or cancelled as provided by law. No person entitled to such honorary license shall be required to pay any fee therefor. Nothing contained herein shall prevent the revocation, suspension or can cellation of any license now in force or hereafter issued as is now or may be hereafter provided by law. A renewal license may be issued within a period of 90 days prior to the expiration of the license to be renewed. Application for license and renewal shall be made under oath on forms furnished by the Commissioner of the Department of Public Safety and must be accompanied by the fee charged, the name and address of the applicant, and if such appli cant shall have been a former non-resident, all valid motor vehicle operator licenses issued to said applicant by any other state, and such other information as the Commissioner may deem necessary. The Commissioner of the Department of Public Safety is hereby authorized and empowered to require a photograph of the person to whom any license as provided by this Chapter is issued, to be securely placed on, affixed to, or made a part of said license in such manner as the Commissioner may provide. Any such photograph required under the provisions of this Act shall be made by personnel of the Department of Public Safety, at no cost to the licensee, except as provided in Section 8 thereof."

Section 3. Said Act is further amended by adding to Article IV, following Section 5, a new Section, to be known as Section 5A, and to read as follows:

"Section 5A. Persons issued a two-year license after January 1, 1973, and before four-year licenses become administratively avail able under the 1973 amendments, may, but shall not be required to, apply to convert their licenses to four-year licenses. The fee shall be the difference between the fee paid and the fee charged for a four-year license of the same class. The privilege must be exercised before a date set by the Commissioner of the Department of Public Safety, which date shall be January 1, 1974 or earlier. The fouryear license obtained under this privilege shall be deemed to have been issued upon the date the two-year license was issued."
Section 4. Said Act is further amended by striking in its entirety Section 8 of Article IV and substituting in lieu thereof the following:

"Section 8. The fee for a learner's license or a renewal there of shall be $1.50 per annum. The fee for a license to operate a class 1 or class 2 vehicle, or a renewal of such license, shall be $4.50 for a four-year license. The fee for a license to operate a vehicle in class 3, 4 or 5 shall be $8.50 for a four-year license. The fee for any duplicate license, as provided herein, shall be $1.50. No fee shall be required for the issuance of a veteran's license or duplicate veteran's license."

Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

2708

JOURNAL OF THE HOUSE,

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

The following amendment to the Senate substitute was read and adopted:
Mr. Cole of the 6th moves to amend HB 854, by Senate substitute, by adding on line 27, page 1, after the word "to" the following:
"or retained by".

Mr. Cole of the 6th moved that the House agree to the Senate substitute to HB 854, as amended by the House.

On the motion, the ayes were 154, nays 0.

The motion prevailed and the Senate substitute to HB 854, as amended by the House, was agreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:

SR 153. By Senator Dean of the 6th, and Gillis of the 20th:
A Resolution petitioning the Congress of the United States to preserve the capital gains treatment of timber.

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

SB 321. By Senator Tysinger of the 41st:
A Bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to provide for representation on the Board of Directors in proportion to the population of each county.

MONDAY, MARCH 12, 1973

2709

SB 378. By Senator Smalley of the 28th:
A Bill to amend the "Uniform Act Regulating Traffic on Highways" as amended, so as to provide that a driver who strikes another person causing injury or death to such person and who does not fulfill the requirements of this Act shall be guilty of a felony.

SB 408. By Senator Lester of the 23rd:
A Bill to provide additional compensation for certain employees of certain counties whose compensation is fixed by the General Assembly.

SB 49. By Senators Coverdell of the 40th, Garrard of the 37th, and Ward of the 39th: A Bill to reorganize the Board of Education of the City of Atlanta.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
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.

The following Senate amendment was read:
The Committee on County and Urban Affairs moves to amend HB 878 as follows:
By adding in Section 1 after the period following the word "em ployee" in line 20 of page 1, the following:
"Provided, however, the Commissioner may continue paying from the county treasury the entire cost of hospitalization insur ance for persons employed in positions for which hospitalization insurance has been provided entirely from county funds prior to July 1, 1973."
Mr. Peters of the 2nd moved that the House agree to the Senate amendment to HB 878.

On the motion, the ayes were 105, nays 0.

2710

JOURNAL OF THE HOUSE.

The motion prevailed and the Senate amendment to HB 878 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 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 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.
The following amendment was read and adopted:
Mr. Groover of the 75th moves to amend HB 1028 by adding to Section 1 (e) on line 21, page 2, after the word "laws" the words ", the violation of which is a felony," and by adding the same language after the word "laws" on line 28 of page 2.

The following substitute, offered by Mr. Murphy of the 18th was read:
A BILL
To be entitled an Act to amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, pp. 322, 337, 340), as amended, particularly by an Act approved March 27, 1941 (Ga. L. 1941, pp. 278, 279) an Act approved February 7, 1950 (Ga. L. 1950, pp. 77, 78), an Act approved March 7, 1956 (Ga. L. 1956, pp. 495, 605), and an Act approved March 21, 1970 (Ga. L. 1970, p. 577) so as to clarify the power of arrest of the Uniform Division of the Depart ment of Public Safety, and as a result also of the Division of Investi gation, as it is set out in the third unnumbered paragraph of Section 14 of Article II of said Act of 1937 and so as to authorize the members of the Uniform Division of the Department of Public Safety, and as a result also of the Division of Investigation, to make arrests, serve and execute warrants, and enforce in general the criminal laws of this or any other State or the United States, when directed to do so by, and at the discretion of, the Commissioner of Public Safety; to provide that members of the Division of Investigation shall exercise the same authority, power, and duties as are possessed by members of the Uni form Division when directed to do so by, and at the discretion of, the Director of the Division of Investigation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

MONDAY, MARCH 12, 1973

2711

Section 1. An Act creating the Department of Public Safety, ap proved March 19, 1937 (Ga. L. 1937, pp. 322, 337, 340), as amended, particularly by an Act approved March 27, 1941 (Ga. L. 1941, pp. 277, 278), an Act approved March 7, 1950 (Ga. L. 1950, pp. 77, 78), an Act approved March 7, 1956 (Ga. L. 1956, p. 495), and an Act approved March 21, 1970 (Ga. L. 1970, p. 577), is hereby amended by striking the third unnumbered paragraph, as amended, of Section 14 of Article II of said Act of 1937 and substituting in lieu thereof the following:

"They shall not exercise any power of arrest except:

(a) for offenses arising from violations of the traffic laws;

(b) for offenses regulating the use, ownership, and control of motor vehicles;

(c) for offenses committed upon the highways of the State;

(d) in connection with general law enforcement authority on property owned by the State or its departments, bureaus, commis sions, or authorities; and

(e) whenever directed to do so by the Commissioner or Public Safety, in connection with the enforcement of the laws of this, or any other State, or the United States, but only upon request of the sheriff of any county or of the judge of any superior court of this State or by the Governor when said request by the Governor is for a specitic location, purpose and time with notice to the sheriff of such request."

Section 2. Section 14 of Article II of said Act, as amended, is further amended by adding immediately following the second unnum bered paragraph of Section 14 of Article II of said Act of 1937, the fol lowing new paragraph:

"They are empowered to make arrests and searches, serve and execute warrants, and enforce in general the criminal laws of this or any other State or the United States, when directed to do so by, and at the discretion of, the Commissioner of Public Safety, but only upon request of the sheriff of any county or of the judge of any superior court of this State or by the Governor when said request by the Governor is for a specific location, purpose and time with notice to the sheriff of such request."

Section 3. Section 14 of Article II of said Act, as amended, is further amended by adding immediately following the third unnumber ed paragraph as amended above, the following:

"Upon request of the sheriff of any county or of the judge of any superior court of this State or by the Governor when said request by the Governor is for a specific location, purpose and time with notice to the sheriff of such reqeust."

2712

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Section 4. Section 1 of Article III of said Act, as amended, is hereby amended by adding, immediately after the sentence ending with the words "this Act", the following:

", except that they shall be authorized to act at the direction of the Director of the Division of Investigation, rather than the Com missioner of Public Safety."

and by substituting the word "Division" for the word "Bureau" wher ever it appears so that when so amended, said Section 1 shall read:

"It shall be the duty of such Division to take, receive and forward fingerprints, photographs, descriptions and measurements of persons, in cooperation with the bureaus and departments of other States and of the United States; to exchange information relating to crime and criminals; to keep permanent files and records of such information procedured or received; to provide for the scientific investigation of articles used in committing crimes, or articles, fingerprints, or blood stains found at the scene of crimes; to provide for the testing and identification of weapons and projectiles fired therefrom; In the event such Division is main tained in cooperation with a municipality or any other division of this State, the services and records of the same shall at all times be accessible and available to the Department of Public Safety and any division thereof. The members of the Division shall have and are hereby vested with, in addition to the duties herein pro vided, the same authority, powers and duties as are possessed by the members of the Uniform Division under the provisions of this Act, except that they shall be authorized to act at the direction of, and in the discretion of, the Director of the Division of Investi gation rather than the Commissioner of Public Safety."

Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Murphy substitute was read and adopted:
Mr. Vaughn of the 57th moves to amend the substitute to HB 1028 as follows:
By renumbering Section 5 and Section 6 to become Section 6 and Section 7 and adding a new Section to read: "Other language of this Act notwithstanding, upon request being made by Judge of Superior Court of County involved no notice of such action by the Judge of Superior Court to the Sheriff of the court involved is required as to said judge's request to the Commissioner of Public Safety.

MONDAY, MARCH 12, 1973

2713

An amendment to the Murphy substitute, offered by Mr. Lane of the 76th, was read and lost.

On the adoption of the Murphy substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Beckham Bennett Berry Bohannon Bostick Bray Buck Burton Carlisle Castleberry Chance Colwell Dean, N. Dent Dickey Duke

Edwards Elliott Ellis Ezzard Foster Howard Kreeger Lane, Dick Levitas Lowrey Matthews, C. Matthews, D. R. McDaniell Miles Morgan Mulherin

Murphy Nix Patten, G. C. Patterson Reaves Roach Ross Sams Stephens Sweat Thompson Toles Tucker Whitmire Williams Wood

Those voting in the negative were Messrs.

Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Blackshear Bond Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Clark Cole Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T.

Davis, W. Dean, Gib Dixon Dollar Dorminy Egan Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L.

Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton Lambert Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Marcus Mason Mauldin McDonald
Milford Moyer Mullinax Northcutt

2714
Odom Oxford Peters Petro Phillips, G. S. Pinkston Rainey Ritchie Rogers

JOURNAL OF THE HOUSE,

Rush Russell, W. D. Savage Smith, J. R. Smith, V. B. Snow Strickland Townsend Turner

Vaughn Waddle Walker Wall Ware Wheeler, Bobby Willis Wilson, J. M. Wilson, M. L.

Those not voting were Messrs.:

Adams, G. D. Berlin Brantley, H. H. Carrell Coleman Dean, J. E. Evans Grahl Greer Hill, B. L.

King Knight Lane, W. J. Logan McCracken McKinney Nessmith Noble Patten, R. L. Pearce

Phillips, L. L. Russell, J. Shanahan Shepherd Thomason Triplett Twiggs Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the Murphy substitute, as amended, the ayes were 48, nays 102.

The Murphy substitute, as amended, was lost.

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

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

Those voting in the affirmative were Messrs.:

Alexander, W. M. Atherton Bennett Berry Bostick Brantley, H. H. Brown, S. P. Buck Burruss Burton Busbee

Carr Clark Collins, S. Coney Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon

Duke Egan Elliott Ezzard Geisinger Gignilliat Greer Groover Hamilton Harris, J. R. Hawes

Horton, G. T. Irvin, R. Jordan Larsen, G. K. Lee, W. S. Levitas Marcus Mason Matthews, C. McDonald

MONDAY, MARCH 12, 1973

2715

Miles Mulherin Nix Odom Patten, G. C. Phillips, G. S. Roach Savage Shepherd Sweat

Thompson Townsend Turner Vaughn Wall Whitmire Williams Williams, J. M. Wood

Those voting in the negative were Messrs.:

Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Bailey Beckham Blackshear Bohannon Brantley, H. L.
Bray Brown, B. D. Brown, C. Carlisle Castleberry Chance Collins, M. Colwell Connell Dean, N. Dollar Dorminy Edwards Farrar Floyd, J. H. Floyd, L. R.
Foster Fraser Grantham Harden

Harrington Harris, J. F Harrison Hays Hill, B. L. Hill, G. Howard Howell
Hudson Hutchinson Irwin, J. R. Jessup Johnson Jones Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lewis Lowrey Matthews, D. R. Mauldin McKinney Milford Morgan Moyer

Murphy Nessmith Northcutt Oxford Patterson Peters Petro Pinkston Rainey Reaves Ritchie Rogers Ross Rush Russell, W. D. Sams Smith, J. R. Smith, V. B. Snow Stephens Strickland Toles Tucker Waddle Walker Ware Wheeler, Bobby Willis Wilson, M. L.

Those not voting were Messrs.:

Adams, G. D. Berlin Bond Carrell Cole Coleman Dean, J. E.

Ellis Evans Grahl Horton, W. L. Irvin, J. Knight Logan

McCracken McDaniell Mullinax Noble Patten, R. L. Pearce Phillips, L. L.

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Russell, J. Shanahan Thomason

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Triplett Twiggs Wamble

Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 62, nays 89.

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

Mr. Lee of the 114th 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 1028, as amended.
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 High way 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.
The report of the Committee, which was favorable to the 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 Berry Blackshear Bohannon Bond 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 Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards 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. Irvin, R. Irwin, J. R. Jones Jordan Keyton Kreeger Lambert Lane, Dick

MONDAY, MARCH 12, 1973

2717

Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Odom Oxford Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Reaves

Ritchie Roach Rogers Ross Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Toles 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.:

Bostick Egan Harris, J. R.

Johnson Levitas Russell, W. D.

Sams Thompson

Those not voting were Messrs.:

Adams, J. H. Berlin Brown, S. P. Dean, Gib Dean, J. E. Evans Ezzard Farrar Grahl Hawes Horton, W. L.

Howard Jessup King Knight Larsen, G. K. Larsen, W. W. Mason Matthews, C. Matthews, D. R. McCracken Morgan

Nix Patten, G. C. Patten, R. L Phillips, L. L. Rush Russell, J. Savage Thomason Townsend Ware Mr. Speaker

On the passage of the Bill, the ayes were 139, nays 8.

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

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 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.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 88-19, of the Code of Georgia relating to the regulation of health related institutions, so as to provide, in order to insure the economical and orderly development of hospitals, nursing homes, and related health care institutions, that no such institution shall be constructed or expanded or converted from one form of usage to another, or operated unless there has been issued to it a certificate of need; to establish the Health Facilities Need Coun cil and the Hospital Need Committee and the Long Term Health Care Need Committee as subdivisions of said Council; to establish the stan dards and procedures which shall be utilized in the determination of whether a certificate shall be issued; to provide for the procedure gov erning the issuance of such certiiicates; to provide for enforcement and penalties; 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 88-19 of the Code of Georgia, relating to regulation of hospitals and related institutions, is hereby amended by adding the following new sections, to be numbered Sections 88-1911 through 88-1928, which shall read as follows:
"88-1911 Certificate of Need Required.
From and after the effective date of this Act, no institution as defined or classified pursuant to this chapter shall be con structed, expanded or converted from one form of usage to another without first obtaining from the Commissioner of Human Re sources, in the manner hereinafter provided, a specific certificate of need for the particular health care service to be provided.

MONDAY, MARCH 12, 1973

2719

88-1912 Definitions.

(a) Certificate of Need means an official determination by the State of Georgia, evidenced by certification issued pursuant to an application, and after official determination that any construction, or expansion, or conversion proposed in the application for such specific Certificate of Need is necessary to provide required health care in the area to be served, can be economically accomplished and maintained, and will contribute to the orderly development of ade quate and effective health services in the area.

(b) Long Term Health Care Facility means any health care facility or institution, regardless of the type license which such facility or institution holds, which is engaged in or otherwise provides:

(1) Care for persons who because of physical or mental con ditions, or both, require or desire living accommodations and care which, as a practical matter, can best be made available to them through institutional facilities, providing a protective or supervised environment, other than acute care units of hospitals, physical medicine-rehabilitation hospitals, or rehabilitation units within hos pitals, or psychiatric hospitals or psychiatric units in the hospitals and,

(2) Care for persons and patients who require a combination of health care services and personal care services which are in addition to the above and may include, but are necessarily re stricted to, one or more of the following care services:

(i) Therapeutic diets,

(ii) Regular observation of the patient's physical and mental condition,

(iii) Personal assistance including bathing, dressing, groom ing, ambulation, transportation and housekeeping,

(iv) An organized program of social and recreational activities,

(v) Assistance with self-administered medications,

(vi) Emergency-medical care including bedside nursing during temporary periods of illness,

(vii) Professional nursing supervision,

(viii) Skilled nursing care as further defined by the Social Security Act Amendments of 1971, Title XIX of the Social Security Act as amended, 45 CFR Sec. 249.10 (b) (4),

(ix) Medical care and services by a licensed practitioner,

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(x) Other special medical and social care services for diagnostic and treatment purposes of rehabilitative, restorative, or mainte nance nature, designed to restore or maintain the person in the most normal physical and social condition attainable.

(c) Expansion means increasing the bed capacity of a hos pital, nursing home, or other long term health care facility and does not include making improvements in such a facility when such improvements do not increase bed capacity.

(d) Conversion or conforming means making the necessary physical, administrative, personnel or other changes in an existing facility to cause the facility, or any portion thereof, to acquire a health care usage or capability that it formerly did not have, or to cause a hospital to become a nursing home or other long term health care facility, or to cause a nursing home or other long term health care facility to become a hospital.

88-1913 Criteria for Issuance of a Certificate of Need.
Determination to issue or deny a Certificate of Need shall be based on thorough investigation, and public hearings. In making such determination there shall be taken into consideration:

(a) the availability and adequacy of existing facilities or services which may serve as alternatives or substitutes,

(b) the adequacy of financial resources and sources of future revenues,
(c) the availability of sufficient licensed personnel in the sev eral professional disciplines and sufficient manpower to properly staff and operate the proposed facility,
(d) such other matters which are deemed necessary and ap propriate for the reasonable consideration of the application.

88-1914. Health Facilities Need Council
(a) The Health Facilities Need Council, which is established as set forth herein, shall make the determination for Certificate of Need for Hospital Facilities and for Certificate of Need for Long Term Health Care Facilities in the manner set forth herein. Said Council shall consist of eighteen members, half of whom shall comprise the Hospital Need Committee and half shall comprise the Long Term Health Care Need Committee as set forth herein.
(b) The Council shall elect from its own membership a Chair man, Vice-Chairman, and Secretary. Said officers shall be elected annually by the Council by a majority vote of its full membership. No person may serve as Chairman for more than one year. The first meeting for the election of officers shall be held during April, 1973. Thereafter, officers shall be elected at the first meeting of

MONDAY, MARCH 12, 1973

2721

the Council held during April of each year, and a meeting shall be held during that month each year for the purpose of electing offi cers. Twelve members shall constitute a quorum for the transac tion of business with a majority of those present being required for affirmative action, except as otherwise specified herein. The Council shall hold at least six meetings during each calendar year and shall also meet on the call of the Chairman or the call of a majority of the members of the Council by petitioning the Chair man, in writing, for such meeting, at least 10 days prior to the call which shall give 10 days notice of the meeting itself.

88-1915 Hospital Need Committee

(a) The Hospital Need Committee shall make the initial find ings and recommendations regarding Certificates of Need for Hos pitals.

(b) The Hospital Need Committee shall consist of nine mem bers as hereinafter provided.

(1) One member shall be appointed by the Governor from a list of three names submitted by the Georgia Nursing Home As sociation.

(2) Two members shall be appointed by the State Senate Health and Welfare Committee from the public at large to represent consumer interests.

(3) Two members shall be appointed by the State House of Representatives Health and Ecology Committee from the public at large to represent consumer interests.

(4) Four members shall be appointed by the Governor from a list of names, three names for each seat, submitted to him by the Georgia Hospital Association.

(c) (1) The Governor's appointee ((b) (1) above) shall serve for a term concurrent with the term of office of the Governor.

(2) The terms of the appointees by Senate Health and Welfare Committee, and House of Representatives Health and Ecology Com mittee shall be for four years commencing April 1, however, half the initial appointments shall be for two years. Successors to these initial appointees shall all be appointed by said committees for terms of four years.

(3) The Governor shall appoint the remaining four members so that one shall serve for an initial term of four years, one shall serve for an initial term of three years, one shall serve for an initial term of two years, and one shall serve for an initial term of one year. Successors to these initial appointees shall all be ap pointed by the Governor for terms of four years.

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(4) The initial terms for all appointees shall commence April 1, 1973.

(5) No individual may be appointed to or serve on said Com mittee for more than four consecutive years unless the period of four years has elapsed since a previous service on the Committee, if his total previous service was for a period longer than two years.

(6) An appointee shall continue to serve, regardless of the term of appointment, until a successor has been duly appointed to replace him.

(d) The Committee shall elect from its own membership a Chairman, Vice-Chairman, and Secretary. Said officers shall be elected annually by the Committee by a majority vote of its full membership. No person may serve as Chairman for more than one year. The first meeting for the election of officers shall be held during April, 1973. Thereafter, officers shall be elected at the first meeting of the Committee held during April of each year, and a meeting shall be held during that month each year for the pur pose of electing officers. Six members shall constitute a quorum for the transaction of business with a majority of those present be ing required for affirmative action. The Committee shall hold at least six meetings during each calendar year and shall also meet on the call of the Chairman or the call of a majority of the mem bers of the Committee by petitioning the Chairman, in writing, for such meeting, at least ten days prior to the call which shall give ten days notice of the meeting itself.

88-1916 Long Term Health Care Need Committee
(a) The Long Term Health Care Need Committee shall make the initial findings and recommendations regarding Certificates of Need for Long Term Health Care facilities.

(b) The Long Term Health Care Need Committee shall con sist of nine members as hereinafter provided.

(1) One member shall be appointed by the Governor from a list of three names submitted by the Georgia Hospital Association.

(2) Two members shall be appointed by the State Senate Health and Welfare Committee from the public at large to repre sent consumer interests.

(3) Two members shall be appointed by the State House of Representatives Health and Ecology Committee from the public at large to represent consumer interests.

(4) Four members shall be appointed by the Governor from a list of names, three names for each seat, submitted to him by the Georgia Nursing Home Association.

MONDAY, MARCH 12, 1973

2723

(c) (1) The Governor's appointee ((b) (1) above) shall serve for a term concurrent with the term of office of the Governor.

(2) The terms of the appointees by Senate Health and Welfare Committee, and House of Representatives Health and Ecology Committee shall be for four years commencing April 1, however, half the initial appointments shall be for two years. Successors to these initial appointees shall all be appointed by said committees for terms of four years.
(3) The Governor shall appoint the remaining four members so that one shall serve for an initial term of four years, one shall serve for an initial term of three years, one shall serve for an initial term of two years, and one shall serve for an initial term of one year. Successors to these initial appointees shall all be ap pointed by the Governor for terms of four years.

(4) The initial terms for all appointees shall commence April 1, 1973.
(5) No individual may be appointed to or serve on said Com mittee for more than four consecutive years unless the period of four years has elapsed since a previous service on the Committee, if his total previous service was for a period longer than two years.

(6) An appointee shall continue to serve, regardless of the term of appointment, until a successor has been duly appointed to replace him.

(d) The Committee shall elect from its own membership a Chairman, Vice-Chairman, and Secretary. Said officers shall be elected annually by the Committee by a majority vote of its full membership. No person may serve as Chairman for more than one year. The first meeting for the election of officers shall be held during April, 1973. Thereafter, officers shall be elected at the first meeting of the Committee held during April of each year, and a meeting shall be held during that month each year for the purpose of electing officers. Six members shall constitute a quorum for the transaction of business with a majority of those present being required for affirmative action. The Committee shall hold at least six meetings during each calendar year and shall also meet on the call of the Chairman or the call of a majority of the members of the Committee by petitioning the Chairman, in writing, for such meeting, at least ten days prior to the call which shall give ten days notice of the meeting itself.

88-1917 Status of Health Facilities Need Council
The Health Facilities Need Council shall be an agency of the Department of Human Resources and its administrative functions shall be carried out through the staff of said Department. Mem bers of the Council shall not be compensated for service as such members but will be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties.

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88-1918 Powers, Duties, and Functions of the Council and the Committees

(a) The Hospital Need Committee shall have the power and the duty to make the initial findings and recommendations regard ing the need for the construction and expansion of hospital facilities and also the conversion and conforming of existing facilities into facilities for hospital care. The Long Term Health Care Need Com mittee shall have the power and the duty to make the initial find ings and recommendations regarding the need for the construction and expansion of nursing homes and other long term health care facilities and the conversion and conforming of existing facilities regardless of licensure into facilities for long term health care.

(b) There shall be no proxy voting in either of the Committees or in the Council.

(c) In carrying out the foregoing powers and duties, the Coun cil and each said Committee, with the concurrence of the Council, shall be authorized to adopt and promulgate such rules and regula tions governing the application for and the consideration of Cer tificates of Need as hereinafter provided. All such rules and regula tions of said Council and its Committees shall be subject to the provisions of Code Section 88-307, relative to rules and regulations of the Department of Human Resources.

88-1919 Application for Certificate of Need
(a) Every person, partnership, corporation or other entity and every county, municipality and state agency or other political sub division of this State desiring to construct or expand a health care facility or convert or conform an existing health care facility from one form of usage to another shall make application to the Council for forwarding to the appropriate Committee for a specific Cer tificate of Need for the particular health care service sought to be provided. Such application shall be in such form and accompanied by such information as each Committee shall prescribe by rules and regulations, and shall include but not be limited to, financial statements and a complete list of trustees, stockholders, partners, and owners. Each application shall be accompanied by a fee of $100.00. A site which has been previously denied a Certificate of Need shall not be the subject of a new application until a period of one year has passed from the date of said denial.

(b) Within 75 days after the receipt of any such application by the particular Committee having jurisdiction, said Committee shall cause a thorough investigation to be made of the need for the health care facility or the expansion or conversion of usage proposed, and shall hold a public hearing at a scheduled Committee meeting on the subject in order to make a finding and recommenda tion relative thereto. The Committee shall also obtain and take into consideration the findings and recommendation of any approved areawide health planning agency involving the site in question (un less said planning agency has failed to act within a reasonable period of 60 days after receiving notice from the Health Facilities

MONDAY, MARCH 12, 1973

2725

Need Council of said proposed health care facility application). Where the areawide health planning agency is a part of a multi purpose planning agency, the recommendations of the Health Plan ning Council and the Board of the parent agency shall be obtained and forwarded. Not less than thirty days prior to the date of said hearing the Committee shall notify all such parties it deems to have interest in the matter. Such prior notice shall include, but not be limited to, all existing hospitals and all long term health care facilities within a radius of twenty-five miles of the site for which application is made. After the aforesaid investigation and hearing, the Committee shall make its recommendation, which may be to approve or deny at once, or to defer its decision until not later than the next following Committee meeting at which time the recommendation must be made.

(c) The Committee involved shall immediately communicate its recommendation to the Health Facility Needs Council. The Council shall cause notice in writing to be sent within seven days to the applicant and all registered parties at interest appearing at the Committee hearing. The notice shall also inform the parties of the scheduled date of the review of the recommendation by the Council.

(d) A finding1 and recommendation of a Committee on any question of fact shall not be disturbed unless it is clearly and sub stantially against the weight of the evidence. Each said finding and recommendation shall be reviewed by the Council within a rea sonable period of time not to exceed seventy-five days. A finding and recommendation of a Committee may be overturned by a vote of two-thirds of the membership of the full Health Facilities Need Council. Unless overturned as aforesaid, the recommendations of a Committee shall become the final decision of said Council. If there is no appeal by an aggrieved party at interest within thirty days after a Council decision, then the appropriate Certificate of Need shall be issued by the Commissioner of Human Resources to a successful applicant.

88-1920 Appellate Review
(a) A final decision of the Health Facilities Need Council de termined, as aforesaid, on any question of fact shall not be dis turbed unless it is clearly and substantially against the weight of the evidence. A communication from the Council informing an ap plicant and other parties at interest of the decision of the Health Facilities Need Council shall advise the parties that a request may be made for a hearing before the Board of Human Resources to appeal the decision. An aggrieved party may request a hearing before the Board of Human Resources to appeal the Council's de cision by filing a request therefore with the Commissioner of Hu man Resources within twenty days after the notice of the decision has been postmarked. The appel'ant shall then be given a hearing before the Board of Human Resources no later than said Board's third regular meeting after filing appeal. Any decision appealed hereunder may be overturned only by a vote of the majority of the members of the full Board of Human Resources. After the Board renders its decision, the Commissioner of Human Resources shall

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within ten days send notice of the decision to the applicant and all hospitals, nursing homes and other long term health care facil ities within twenty-five miles of the proposed site.

If there has been no appeal to the Courts within forty-five days from the date said notice of decision has been mailed, then the Commissioner may issue a Certificate of Need to an applicant who has been successful in his appeal to the Board of Human Resources.

(b) An applicant or any interested party including any hos pital, nursing home or other long term health care facility within twenty-five miles of the proposed site which is aggrieved by the final decision of the Board of Human Resources shall be entitled to judicial review thereof, in accordance with the provisions of Code Section 88-305, relative to appeals from the final orders or action of the Department of Human Resources. Except as otherwise provided by this Section, the procedural requirements of Code Sec tion 88-305 shall apply to appeals brought pursuant to the provi sions of this Section.

88-1921 Submission of Specifications for Facility
A Certificate of Need issued pursuant to the provisions of this Act shall be valid for six months after issuance thereof, during which time the applicant shall submit to the Division of Physical Health of the Department of Human Resources the plans and spec ifications for the health care facility to be constructed, expanded, converted, or otherwise established. If such plans and specifications are not submitted within the time specified, then such Certificate shall be null and void. If plans and specifications are submitted within the specified time, the Division of Physical Health shall approve or disapprove such plans and specifications. The applicant must begin the construction, expansion, conversion or conforming of the particular health care facility within six months of the ap proval of the plans and specifications and must proceed to com plete said facility within twenty-four months of the approval of the plans or the Certificate of Need shall be cancelled. The afore said limitation periods of six months, six months, and twenty-four months may be enlarged by the Committee involved for up to an additional six months, six months and twenty-four months respec tively in each period provided the applicant makes a special request therefore showing diligent effort and progress satisfactory to the Committee involved.

88-1922 Assistance of Health Planning Agencies
The State Office of Comprehensive Health Planning which shall be assisted by any approved areawide health planning agency func tioning in the area affected by the application, shall assist and co operate with the Health Facilities Need Council and the Committee in making the decision as to whether a Certificate of Need shall be issued, in accordance with the rules and regulations of the Council and the Committee involved.

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88-1923. Evidence of Need

(a) Less than 18% empty acute care hospital beds in the area, for an average for the previous year, may be evidence of a need for additional capacity.

(b) Less than 10% empty long term health care beds in the area, for an average for the previous year, may be evidence of a need for additional capacity.

88-1924 Offices of Physicians Excluded
The provisions of this Act shall not apply to the offices of physicians and others practicing the healing arts unless the hos pital and long term health care facilities and services described in this chapter are provided therein.

88-1925 Excluded Appointments
(a) No individual shall be appointed to represent the con sumer's interest who has a financial interest in any hospital, nurs ing home, or other long term health care facility, or who serves in any capacity with any hospital, nursing home, or other long term health facility.
(b) No member of the Board of Human Resources shall serve in any capacity on the Health Facilities Need Council.

88-1926 Enforcement and Penalties
(a) Any person who constructs, expands, converts, conforms, or otherwise establishes or begins the establishment of a hospital, nursing home, or long term health care facility without first ob taining a Certificate of Need, as provided by this Act, shall be denied a license to operate any hospital, nursing home, or long term health care facility, and, if said facility operates after being denied a license, the person or persons involved, including all officers and directors of said faci ity, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. When the Commissioner of Human Resources, or his authorized agent or representative notifies in writing, by Certified mail, return receipt, any person natural or otherwise who has commenced, by any of the aforesaid methods, the establishment of a hospital, or nursing home, or other long term health care facility in violation of this Act, to cease and desist, then each day that such person or persons and all officers and directors of the entity continue with the estab lishment of such facility shall constitute a separate offense.
(b) In addition to the penalties provided by the above para graph, the Department of Human Resources may institute appro priate proceedings for the purpose of enjoining a violation of the provisions of this Act in accordance with the provisions of Code Section 88-302.

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88-1927 Immunity of Members, Officers, or Employees from Civil Action

No member, officer, or employee of any health planning body shall be subject to civil action in any court as the result of any act done or failure to act, or of any statement or opinion made, while discharging his duties under this Act as such member, officer or employee, provided he acted in good faith with reasonable care and upon proper cause.

88-1928

The provisions of the Georgia Administrative Procedure Act, Georgia Laws 1964, p. 338, as amended, shall govern the exercise of regulatory authority granted by this Act."

Section 2. In the event of any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sec tions, subsections, sentences, clauses, or phrases of this Act, which shall remain 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 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. Wall of the 61st moved that HB 504 and all amendments and substitutes 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 Beckham Bennett Bohannon Castleberry .. Colwell Davis, E. T.

Dean, N. Dent Dollar Edwards Elliott Floyd, J. H. Floyd, L. R. Harris, J. F. Harrison

_Hill, G. Horton, W. L. Hutchinson Irvin, J. Irwin, J. R. Jessup Jordan King Kreeger

Larsen, W. W. Lewis Miles Moyer Mulherin Nessmith Nix Noble

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2729

Oxford Rush Sams Savage Smith, J. R. Smith, V. B. Strickland Sweat

Toles Tucker Twiggs Walker Wall Wheeler, Bobby Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Adams, G. D. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Berlin Berry Blackshear Bond Bostick Bray Brown, B. D Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Chance Clark Cole Collins, M. Collins, S. Coney Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dixon Duke Egan Ellis

Evans Ezzard Farrar Foster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrinjton Harris, J. R. Hays Hill, B. L. Horton, G. T. Howell Hudson Irvin, R, Johnson Jones Keyton Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell

McKinney Milford Morgan Mullinax Northcutt Odom Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Rogers
Ross Russell, J. Russell, W. D. Shanahan Shepherd Snow Stephens Townsend Turner Vaughn Waddle Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, M. L.

Those not voting were Messrs.:

Brantley, H. H. Brantley, H. L. Burruss

Coleman Dickey Dorminy

Grahl Hawes Howard

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Knight Lane, W. J. Lowrey McCracken

JOURNAL OP THE HOUSE,

McDonald Murphy Patten, R. L. Phillips, L. L.

Thomason Thompson Triplett Mr. Speaker

On the motion, the ayes were 51, nays 108.

The motion to table HB 504 was lost.

An amendment, offered by Mr. Castleberry of the 96th, was read and lost.

The following amendment was read:
Mr. Davis of the 85th moves to amend the Committee substitute to HB 504 so as to remove all reference to nursing homes.

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

Those voting in the affirmative were Messrs.:

Adams, J. H. Buck Castleberry Collins, M. Davis, E. T.

Farrar Horton, W. L. Irvin, J. King McDaniell

Rush Savage Smith, V. B. Strickland

Those voting in the negative 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 Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Clark Cole Coleman Collins, S. Coney Connell

Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Duke Egan Elliott Ellis Ezzard Floyd, J. H. Floyd, L. R. Foster

Eraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T.
Howell
Hudson
Hutchinson
Irvin, R.
Jessup
Johnson
Jones
Jordan
Keyton
Kreeger
Lambert
Lane, Dick
Larsen, G. K.
Lee, W. J. (Bill)

MONDAY, MARCH 12, 1973

2731

Lee, W. S. Levitas Lewis Logan Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Milford Morgan Mullinax Northcutt
Odom
Oxford
Pearce
Peters
Petro
Phillips, G. S.
Pinkston
Rainey
Reaves
Ritchie
Roach
Rogers
Ross

Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Snow Stephens Sweat Thompson Toles Townsend 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.:

Bostick Brantley, H. H. Chance Colwell Dickey Dollar Edwards Evans Grahl Harris, J. F. Hill, B. L.

Howard Irwin, J. R. Knight Lane, W. J. Larsen, W. W. Lowrey McCracken Miles Moyer Mulherin Murphy

Nessmith Nix Noble Patten, G. C. Patten, R. L. Patterson Phillips, L. L. Thomason Triplett Walker Mr. Speaker

On the adoption of the amendment, the ayes were 14, nays 133.

The amendment was lost.

2732

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Connell of the 80th moves to amend the Committee substitute to HB 504 by adding at the end of Section 3, the following:

This Act shall not apply to those now under construction or in the planning stage on the effective date of this Act.

The following amendment was read:
Mr. Larsen of the 102nd moves to amend the Committee substitute to HB 504 by adding a new section as follows:
"Notwithstanding any provisions to the contrary herein con tained, no public hospital authority shall be limited or restricted by this Act, and no certificate of need shall be required as to any such public hospital 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.

Adams, J. H. Adams, John Adams, Marvin Beckham Bennett Berlin Bohannon Bostick Brantley, H. L. Brown, S. P. Buck Castleberry Chance Coleman Collins, M. Collins, S. Colwell
Coney Connell Dean, N. Dollar Edwards Egan

Ellis Floyd, J. H. Floyd, L. R. Harris, J. F. Hays Hill, G. Irwin, J. R. Jessup Jones Jordan King Lane, W. J. Larsen, G. K. Larsen, W. W. Lewis Lowrey Matthews, D. R. Mauldin McDonald Miles Milford Nessmith Nix

Oxford Patterson Pinkston Roach Rogers Rush Russell, W. D. Savage Smith, J. R. Smith, V. B. Stephens Strickland Sweat Thompson Toles Tucker Twiggs Waddle Walker Wheeler, Bobby Whitmire Williams Wood

MONDAY, MARCH 12, 1973

2733

Those voting in the negative were Messrs.:

Adams, G. D. Alexander, W. M. Atherton Bailey Blackshear Bond Bray Brown, B. D. Brown, C. Burruss Burton Busbee Carlisle
Carr Carrell Clark Cole Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dickey Dixon Dorminy Duke Ezzard Farrar Foster Fraser

Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hawes Horton, G. T. Howell Hudson Hutchinson Irvin, J. Irvin, R. Johnson Keyton Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Logan Marcus Mason Matthews, C.

McDaniell McKinney Morgan Mullinax Northcutt Odom Patten, G. C. Peters Petro Phillips, G. S. Rainey Reaves Ritchie Ross Russell, J. Sams Shanahan Shepherd Snow Townsend Turner Vaughn Wall Wamble Ware Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.

Those not voting were Messrs.:

Alexander, W. H. Alien Berry Brantley, H. H. Dent Elliott Evans Grahl

Hill, B. L. Horton, W. L. Howard Knight McCracken Moyer Mulherin Murphy

Noble Patten, R. L. Pearce Phillips, L. L. Thomason Triplett Mr. Speaker

On the adoption of the amendment, the ayes were 69, nays 88.

The amendment was lost.

Two amendments, offered by Mr. Brown of the 67th, were read and lost.

An amendment, offered by Mr. Horton of the 56th, were read and lost.

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JOURNAL OP THE HOUSE,

An amendment, offered by Mr. Levitas of the 50th, was read and withdrawn by unanimous consent.

An amendment, offered by Mr. Brown of the 67th was read and lost.

Two amendments, offered by Mr. Brown of the 67th, were read and with drawn by unanimous consent.

The following amendments were read and adopted:
Mr. Edwards of the 95th moves to amend the Committee substitute to HB 504 as follows:
By adding, after the word "provided", on line 4 of page 2, the following:
"; provided, however, that no certificate of need shall be re quired for the construction, expansion or conversion of any institu tion by any hospital authority if any election has been held prior to March 15, 1973, for the issuance of bonds for the purpose of financing any such project".
Mr. Levitas of the 50th moves to amend the Committee substitute to HB 504 as follows:
By adding at the end of the first sentence of quoted Code Section 88-1911 in Section 1, the following:
"College and university infirmaries and health care institutions that are members of the American Association of Medical Colleges and/or the Council of Teaching Hospitals with educational pro grams for health manpower are excepted from the requirement of a Certificate of Need except for changes in general type institu tional services that are designed primarily to serve the local health planning area. This provision does not apply to long term health care; used primarily for nursing care."

The Committee substitute, as amended, 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:

MONDAY, MARCH 12, 1973

2735

Those voting in the affirmative were Messrs.

Adams, J. H. Alexander, W. H. Alexander, W. M. Atherton Bailey Bennett Berry Blackshear Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Chance Clark Cole
Coney Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy

Duke Egan Ellis Ezzard Foster Fraser Geisinger Gignilliat Grahl Grantham
Greer Groover Hamilton Harden Harrington Harris, J. R. Har risen Hawes Hays Horton, G. T. Howard Howell Hudson Hutchinson Irvin, R. Johnson Keyton Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Marcus

Mason Matthews, C. McDonald McKinney Morgan Mullinax Odom Patten, G. C. Pearce Peters Petro Phillips, G. S. Pinkston Kainey Reaves Ritchie Roach Rogers Ross Russell, J. Shanahan Shepherd Snow Thompson Townsend Turner Twiggs Vaughn Waddle Wamble Ware Wheeler, J. A. Willis Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Beckham Bohannon Castleberry Collins, M. Collins, S. Colwell Connell
Dean, N.
Dickey
Dollar
Edwards
Elliott
Floyd, J. H.

Floyd, L. R. Harris, J. F. Hill, G. Horton, W. L. Irvin, J. Jessup Jones King Kreeger
Lane, Dick
Larsen, G. K.
Larsen, W. W.
Lewis
Lowrey
Matthews, D. R.

McDaniell Moyer Mulherin Nessmith Nix Noble Oxford Patterson Rush
Russell, W. D.
Sams
Savage
Smith, J. R.
Smith, V. B.
Stephens

2736
Strickland Sweat Toles

JOURNAL OF THE HOUSE,

Tucker Walker
Wall

Wheeler, Bobby Wilson, J. M.

Those not voting were Messrs. :

Adams, G. D. Alien Berlin Brantley, H. H. Burruss Coleman Evans Farrar Hill, B. L.

Irwin, J. R.
Jordan Knight Mauldin McCracken
Miles Milford Murphy Northcutt

Patten, R. L. Phillips, L. L. Thomason Triplett Whitmire Williams Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 102, nays 53.

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

Messrs. Whitmire, Wood and Williams of the 9th stated they wished to be recorded as voting "nay" on the passage of HB 504, 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 in giving the requisite constitutional majority to HB 504, by substitute, as amended.

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

HB 39. By Messrs. Hutchinson of the 114th, Hawes of the 43rd, Jones of the 109th and others:
A Bill to authorize the State Personnel Board to provide a Health In surance Plan for Public School Teachers; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 39 as follows:
By changing the period in Section 1 to a comma and adding the fol lowing :

MONDAY, MARCH 12, 1973

2737

"except any teacher or supervisor of teachers or clerical em ployees employed and paid by the Board of Regents of the University System of Georgia, and all personnel of the Agricultural Extension Service of the University of Georgia."

Mr. Hutchinson of the 114th moved that the House agree to the Senate amendment to HB 39.
On the motion, the ayes were 164, nays 0.

The motion prevailed and the Senate amendment to HB 39 was agreed to.

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 for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to provide for the regulation of marketing 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 that gasoline distributors shall have a cause of action against gasoline dealers under certain circumstances; to provide for damages; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Short Title. This Act shall be known and may be cited as "Gasoline Marketing Practices Act."
Section 2. Declaration of Policy. The General Assembly finds and declares that the distribution and sales through marketing arrange ments of gasoline in the State of Georgia vitally affects the general economy of the State, the public interest and public welfare, and that it is necessary, therefore, in the public interest to define the relationships and responsibilities to such agreements.
Section 3. Definitions. As used in this Act:
(a) "automotive gasoline distributor" means any person, who is a

2738

JOURNAL OF THE HOUSE,

manufacturer or owner of the trademark, trade name, service mark or other identifying symbol for which said marketing agreement is entered.

(b) "automotive gasoline dealer" means any person engaged pri marily in the retail sale of automotive gasoline and related products and services under a marketing agreement entered into with an automotive
gasoline distributor.

(c) "marketing agreement" means an agreement, including a fran chise, and all related agreements, between an automotive gasoline dis tributor and an automotive gasoline dealer under which such dealer is supplied automotive gasoline for retail sale under the trademark, trade name, service mark, or other identifying symbol or name owned or used by automotive gasoline distributor, or an agreement between an auto motive gasoline distributor and an automotive gasoline dealer under which the automotive gasoline dealer is granted the right to occupy premises owned, leased or controlled by the automotive gasoline dis tributor, for the purpose of engaging in the retail sale of gasoline of
the automotive gasoline distributor;

(d) "retail sale of automotive gasoline" means the sale thereof for consumption, and not for resale, at a retail outlet serving the motor public.

Nothing in this Act shall be construed as to repeal in any way the definition of distributor and the definition of dealer contained in Ga. Laws 1937, pp. 167, 169, as amended, Ga. Code Annotated 92-1402 (J) (M).

Section 4. It shall be a violation of this Act for any gasoline dis tributor who has a marketing 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 marketing agreement without good cause prior to the expiration date;

(b) to terminate or cancel an existing marketing agreement prior to expiration date or to not enter subsequent agreements without having first given written notice setting forth all the reasons for such action to the gasoline dealer at least sixty (60) days in advance of such termina tion, cancellation or expiration of the existing agreement; provided, how
ever, that such notice shall not be required of a gasoline distributor acting with reasonable cause to believe said dealer is maliciously and willfully damaging the property rights of said gasoline distributor, who has voluntarily abandoned the marketing relationship, or who after five days notice has failed to pay his just debts when due to said distributor;

(c) by the use of coercion, intimidation or threats, to force or induce such gasoline dealer to deal exclusively in products manufactured, dis tributed or sponsored by such gasoline distributor or to participate in pro motions. Hours of operation, which shall be set in the original agree ment, can only be changed by mutual consent. It shall also be the duty of the distributor to advise the dealer in writing prior to execution of

MONDAY, MARCH 12, 1973

2739

the agreement the projected potential gallonage and the dealer shall acknowledge same in writing prior to execution of the marketing agree ment that he is willing to accept same;
(d) to engage 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: Provided, that nothing herein shall be deemed to prohibit recommendation, suggestion, urging or discussion;
(e) to require a gasoline dealer, at the time of entering into a marketing 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 dis tributor ;
(g) to impose standards of performance upon the gasoline dealer other than those in the marketing agreement;
(h) to provide any term or condition in any marketing agreement, or other agreement, ancillary or collateral thereto, which term or con dition directly or indirectly violates this Act.
Section 5. Any gasoline dealer may bring action against its gaso line distributor for violation of this Act in the Superior Court of the County where such distributor resides or, if the distributor is a cor poration, 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. Provided that the dealer shall show as a prerequisite to recovery under this Section that he has: (a) complied with the requirements of the marketing agreement; and (b) has acted in good faith in carrying out the terms of the marketing agreement. Attorneys' fees shall be controlled by Code Section 20-1404, as now or hereafter amended.
Section 6. This Act shall not apply to a marketing agreement granted prior to the effective date of this Act; provided, however, that a renewal of a marketing agreement or an amendment extending the lease period 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 marketing agreement was terminated or cancelled because:
(i) the distributor is not receiving rental in accordance with the terms of the agreement.
(ii) of other legitimate business reasons; provided, however,

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JOURNAL OF THE HOUSE,

that a termination or cancellation of a marketing agreement for the purpose of enabling the gasoline distributor to assume operation of the gasoline 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 business.

(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 prior to expiration date, 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 therefor 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 in junction 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 a bona fide sale of his property.

Section 11. Distributors Cause of Action.
Any gasoline distributor may bring action against the dealer for failing to fulfill the marketing agreement and said dealer shall be liable for rental return as outlined in Section 7(a) (i). Attorneys' fees shall be controlled by the Georgia Code Section 20-1404, as now or here after amended.

Section 12. Limitations. No action shall be brought under Section 5 of Section 11 of this Act unless commenced within two years after the cause of action shall have accrued.

Section 13. 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 unconstitutional were not originally a part hereof. The General Assembly hereby declares

MONDAY, MARCH 12, 1973

2741

that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 14. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Dean of the 60th moved that the House agree to the Senate substitute to HB 67.

On the motion, the ayes were 144, nays 0. The motion prevailed and the Senate substitute to HB 67 was agreed to.

Messrs. Beckham of the 82nd and Williams of the 9th requested to be ex cused from voting on the motion to agree to the Senate substitute to HB 67 because of a conflict of interest.

HB 410. By Messrs. Walker of the 100th, Wilson of the 94th, Waddle of the 98th and others:
A Bill to amend the Uniform Act regulating Traffic on Highways; and for other purposes.

The following Senate 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, Nov.Dec., p. 556), as amended, particularly by an Act approved March 16, 1955 (Ga. Laws 1955, p. 736), so as to provide that all cities and local authorities may adopt all or a portion of the "Uniform Act regulating Traffic on Highways"; to provide for the trial of offenders; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
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 16, 1955 (Ga. Laws 1955, p. 736), is hereby amended by striking from the appropriate numbered section of said Act, designated as Section 1 in the 1955 amendment (Ga. Laws 1955, p. 736), the following:

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JOURNAL OF THE HOUSE,

"Provided, however, that this section shall not apply to counties having a population of less than 108,000 according to the 1950 U.S. census or any future census.",

so that when so amended the appropriate numbered section of said Act, designated as Section 1 of the 1955 amendment (Ga. Laws 1955, p. 736), shall read as follows:

"Section 1. Cities and local authorities may adopt traffic regu lations which are not in conflict with provisions of this Act and may, in order to insure complete uniformity and to expedite enforce ment, adopt all or such portions of this Act as to them may seem ap propriate as city ordinances for such cities, and the recorder or city judge may punish violations thereof by fines not to exceed those set forth in this Act, and by sentences within the limits of the respective city charters. All offenders apprehended by the city law enforce ment officers shall be tried by the appropriate city tribunal except as hereinafter provided. All offenders apprehended by county or State law enforcement officers shall be tried by the appropriate county or State tribunal. Provided, however, that if the offense charged constitutes a violation of any provision of this Act, and the defendant elects to have the charge treated as a State offense and waives commitment, the recorder or city judge shall summarily fix his bond and bind his case over to the appropriate State tribunal."

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. Walker of the 100th moved that the House agree to the Senate substi tute on HB 410.

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 Berry

Blackshear Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, S. P. 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, J. E. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Ezzard Ployd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup

MONDAY, MARCH 12, 1973

2743

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 Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patterson

Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Rogers Rush Russell, J. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat 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.:

Brown, C. Dean, N. Dollar

Horton, W. L. Roach Ross

Strickland

Those not voting were Messrs.:

Berlin Bohannon Brantley, H. H. Buck Coney Evans

Farrar Harden Hill, B. L. Hill, G. Howell Knight

McCracken Miles Murphy Noble Patten, R. L. Petro

2744
Pinkston Russell, W. D. Savage

JOURNAL OF THE HOUSE,

Thomason Thompson

Townsend Mr. Speaker

On the motion, the ayes were 148, nays 7.

The motion prevailed and the Senate substitute to HB 410 was agreed to.

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 the corporate limits thereof; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs offers the following amendment to HB 600:
On page 1, line 14 following the words City of Albany, inserting the word
"Georgia".

The following House amendment to the Senate amendment was read and adopted:
Messrs. Lee, Hutchinson, Odom and Busbee of the 114th move to amend the Senate amendment to HB 600 as follows:
By striking quoted Section 2 of Section 1 in its entirety and insert ing in lieu thereof a new quoted Section 2 to read as follows:
"Section 2. The corporate limits proper of the City of Albany shall be as follows: with the intersection of the land district line be tween the First and Second Land Districts of Dougherty County and the northerly county line of Dougherty County as a beginning point run east along the northerly county line of Dougherty County and the north Land Lot line of Land Lots 409, 408, 369 and 368, First Land District of Dougherty County to a point on the west bank of the Kinchafoonee Creek; thence run southeasterly along the west bank of the Kinchafoonee Creek to the west right-of-way line of old Leesburg Road; thence run south-southeasterly along the west right-of way line of Old Leesburg Road to the south right-of-way line of Philema Road extended westerly; thence run easterly along the ex tension westerly of and the south right-of-way line of Philema Road to the east bank of the Muckafoonee Creek; thence run southeasterly

MONDAY, MARCH 12, 1973

2745

along the east bank of the Muckafoone Creek to the west bank of the Flint River; thence run east three hundred (300) feet more or less to the east line of the low water mark of Flint River; thence run in a southerly direction along the east line of the low water mark of the Flint River to a point where the same is intersected by the north line of Roosevelt Avenue projected east; thence run along the north line of Roosevelt Avenue projected east to the west side of a twenty (20) foot alley one hundred and fifty (150) feet west of Hobson Street; thence run northerly along the west side of said twenty (20) foot alley to the south side of a twenty (20) foot alley; thence run westerly along the south side of said twenty (20) foot alley a distance of one hundred fourteen (114.0) feet to a point; thence run in a northerly direction a distance of three hundred eighty (380) feet to the south side of a twenty (20.0) foot alley; thence run in a westerly direction a distance of twelve hundred thirty one (1231.0) feet more or less to the center line of Lines Street; thence run northerly along the center line of Lines Street to the north right-of-way line of Barkley Boulevard extended west; thence run west along the north right-of-way line of Barkley Boule vard extended west a distance of one hundred ninety (190) feet more or less to the west side of a twenty (20) foot alley; thence run north along the west side of a twenty (20) foot alley and the side of said twenty (20) foot alley extended north to the northeasterly right-of-way line of the Georgia Northern Railroad; thence run northwesterly along the northeasterly right-of-way line of the Geor gia Northern Railroad a distance of two hundred ten (210) feet more or less to a point; thence run north 89 degrees 45' east a distance of four hundred eighty and seven-tenths (480.7) feet to the west line of Land Lot 237; thence run north 0 degrees 23' west a distance of seven hundred eighteen and six tenths (718.6) feet to a point; thence run south 72 degrees 53 minutes east a distance of one thousand eight hundred eighty one and four tenths (1881.4) feet to a point; thence run north 0 degrees 18' west to the south land lot line of Land Lot 236; thence run west along the south land lot line of Land Lot 236 to a point two thousand five hundred seventy eight and eight-tenths (2578.8) feet west of the east line of Land Lot 236; thence run north one thousand nine hundred one and five tenths (1901.5) feet to the southeasterly bank of the Geor gia Power Company Lake; thence run initially east northeasterly and along the meanderings of the southerly bank of the Georgia Power Company Lake to a point one thousand four hundred seventy (1470) feet fore or less west of and one thousand five hundred fifty (1550) feet more or less north of the southeast corner of Land Lot 121 and the boundary of the Naval Air Station, Albany, Georgia; thence run south 45 degrees east a distance of two hundred forty (240) feet more or less to a point; thence run south 18 degrees 53' east a distance of four hundred fifty-five (455) feet to a point; thence run south 45 degrees west a distance of three hundred fifty three and nine-tenths (353.9) feet to a point; thence run south 45 degrees east a distance of three hundred (300) feet to a point; thence run south 45 degrees west'a distance of two hundred seventy six and one-tenth (276.1) feet to a point; thence south 45 degrees east a distance of one thousand seven hundred
twenty-one and four-tenths (1721.4) feet to a point; thence run
due south a distance of six hundred eighty three and five-tenths
(683.5) feet to a point; thence run south 45 degrees west a distance

2746

JOURNAL OF THE HOUSE,

of five hundred fifty eight and four-tenths (558.4) feet to a point; thence run due west a distance of six hundred eighty three and five-tenths (683.5) feet to a point; thence run north 45 degrees west a distance of one thousand four hundred sixty five (1465) feet to a point; thence run south 8' west a distance of three hundred eighty nine and five-tenths (389.5) feet to a point; thence run north 45 degrees west a distance of eight hundred thirty (830) feet more or less to a point; thence run south 45 degrees west to an intersection with a line parallel to and nine hundred (900) feet west of the east line of Land Lot 157; thence run south along said line parallel to and nine hundred (900) feet west of the east line of Land Lot 157 and Land Lot 156 to the northwesterly rightof-way line of the Cordele Road (Georgia Highway 257) ; thence run southwesterly along the northwesterly right-of-way line of the Cordele Road (Georgia Highway 257) to the east line of Land Lot 161; thence run southerly along the east line of Land Lot 161 to a point four hundred eighteen and seven-tenths (418.7) feet south of the southeasterly right-of-way line of the Cordele Road (Georgia Highway 257) ; thence run north 88 degrees 27' east a distance of four hundred nineteen and one-tenth (419.1) feet to a point; thence run north 1 degree 12' west a distance of fifty (50) feet to a point; thence run north 50 degrees 7' west a distance of three hundred forty seven and three-tenths (347.3) feet to a point; thence run north 39 degrees 53' east a distance of two hundred eight and seven-tenths (208.7) feet to a point; thence run north 50 degrees 7' west a distance of two hundred eight and seven-tenths (208.7) feet to a point on the southeasterly right-of-way line of the Cordele Road (Georgia Highway 257) ; thence run northeasterly along the southeasterly right-of-way line of the Cordele Road a distance of nine hundred eighteen and five-tenths (918.5) feet to a point; thence run south 45 degrees 48' west a distance of one hundred five (105) feet to a point; thence run north 44 degrees 12' east a distance of four hundred twenty three and nine-tenths (423.9) feet to a point; thence run north 45 degrees 48' west a distance of one hundred five (105) feet to a point on the southeasterly right-of-way line of the Cordele Road (Georgia Highway 257) ; thence run north easterly along the southeasterly right-of-way line of the Cordele Road (Georgia Highway 257) a distance of one hundred thirty six (136) feet to a point; thence run south 34 degrees 19' east a distance of two hundred eighty (280) feet to a point; thence run north 48 degrees 26' east a distance of seven hundred seventy eight and eight-tenths (778.8) feet to a point; thence run north 73 degrees 38 minutes east a distance of four hundred ninety seven (497) feet to a point; thence run north 60 degrees 12' east a distance of three hundred forty four and eight-tenths (344.8) feet to a point; thence run south 2 degrees 6' east a distance of seven hundred twenty and four-tenths (720.4) feet to a point; thence run south 88 degrees 31' west a distance of one thousand seventy nine and four-tenths (1079.4) feet to a point; thence run south 4 degrees 25' west a distance of six hundred twenty six and two-tenths (626.2) feet to a point; thence run south 0 degrees 37 minutes east a distance of one thousand four hundred nine and seven-tenths (1409.7) feet to a point; run south 89 degrees 26' west a distance
of one hundred eighty one and four tenths (181.4) feet to a point;
thence run south 0 degrees 37' east a distance of four hundred
eighty six and two-tenths (486.2) feet to a point on the north land

MONDAY, MARCH 12, 1973

2747

lot line of Land Lot 154; thence run easterly along the north line of Land Lot 154, a distance of eight hundred seventy four and six-tenths (874.6) feet to a point; thence run southerly a distance of two thousand sixty three and five-tenths (2063.5) feet to the north right-of-way line of U.S. Highway 82 to the center line of Sowell Street extended northerly; thence run southerly along the center line of Sowell Street and its extension to the south line of Land Lot 154; thence run west along the south line of Land Lot 154 to the east line of Land Lot 163; thence run south along the east line of Land Lot 163 and Land Lot 164 to the northerly rightof-way line of the Seaboard Coastline Railroad Company track from Albany to Waycross; thence run westerly along the northerly right-of-way line of the Seaboard Coastline Railroad Company track from Albany to Waycross to the center line of South Mock Road; thence run northerly along the center line of South Mock Road to its intersection with the south line of a twenty (20) foot alley south of Tompkins Avenue; thence run westerly along the south line of said twenty (20) foot alley and its extension to the west line of Land Lot 190; thence run north along the west line of Land Lot 190 to a point on a line parallel to and five hundred (500) feet south of the southerly right-of-way of U.S. Highway 82, measured perpendicular; thence run westerly along said line parallel to and south of the southerly right-of-way line of U. S. Highway 82 to a point which is sixty (60) feet east of the center line of Thornton Drive extended southerly; thence run south 4 degrees west a distance of one hundred sixty six and one tenth (166.1) feet to a point; thence run north 86 degrees west a distance of eight hundred twenty eight and fifty one hundredths (825.51) feet to a point; thence run north 5 degrees 29' west to a point on a line parallel to and five hundred (500) feet south of the southerly right-of-way of U. S. Highway 82, measured perpendicular; thence run westerly along said line parallel to and south of the southerly right-of-way line of U. S. Highway 82 to a line between Land Lots numbers 201 and 202, First Land District of Dougherty County; thence run west along the line between Land Lots number 201 and 202 to the corner common to Land Lots number 201, number 202, number 229 and number 230; thence run south along the land lot line between Land Lots number 201 and number 230, number 202 and number 229 to the north right-of-way line of the Georgia Northern Railroad; thence run northwesterly along the north rightof-way line of the Georgia Northern Railroad to a point on the south right-of-way line of U. S. Highway 82; thence run westerly along the south right-of-way of U. S. Highway 82 to a point where the north side of Whitney Avenue projected east intersects the south right-of-way line of U. S. Highway 82; thence run westerly along the line of the north side of Whitney Avenue projected east to the east low water line of Flint River; thence run southerly along the east low water line of Flint River to its intersection with the south line of Land Lot 267; thence run easterly along the south line of Land Lot 267 to the center line of State Highway 3; thence run northerly along the center line of State Highway 3 to its intersection with the north line of Dixie Heights Subdivision as recorded in the public land records of Dougherty County on
Page 73, Plat Book 1; thence run easterly along the north line of
said Dixie Heights Subdivision and its extension to the east to the
center line of Mobile Road; thence run south along the center

2748

JOURNAL OF THE HOUSE,

line of Mobile Road to the center line of Moultrie Road; thence run southeasterly along the center line of Moultrie Road to its intersection with the east line of Kalmon-Malone Subdivision as recorded in the public land records of Dougherty County on Page 30, Plat Book 3, projected north; thence run south along the east line of Kalmon-Malone Subdivision and its projection north to a point one hundred sixty five (165) feet north of the north right-ofway line of Cannon Avenue; thence run east a distance of eight hundred fifty-eight (858) feet to a point; thence run south a distance of five hundred ninety five (595) feet to a point; thence run west a distance of four hundred nineteen (419) feet to a point; thence run north a distance of one hundred fifteen (115) feet to a point; thence run west a distance of one hundred (100) feet to a point; thence run northwest a distance of one hundred four (104) feet to a point; thence run west to the east line of Land Lot 242; thence run south along the east line of Land Lot 242 to the southeastern corner of Land Lot 242; thence run easterly along the north land lot line of Land Lot 226 to the west right-of-way line of the Seaboard Coastline Railroad Company track from Albany to Thomasville; thence run south along the west right-ofway line of the Seaboard Coastline Railroad Company track from Albany to Thomasville to the south land lot line of Land Lot 226; thence run west along the south land lot line of Land Lots 226 and 243 to a point one thousand two hundred ninety three and five tenths (1293.5) feet east of the east right-of-way line of Radium Springs Road (Georgia Highway 3) ; thence run north 1 degree 20' west a distance of three hundred eighty nine (389) feet to a point; thence run south 88 degrees 40' west a distance of one thousand two hundred fifty eight and five tenths (1258.5) feet to the centerline of Radium Springs Road (Georgia Highway 3) ; thence run northerly along the center line of Radium Springs Road to a point six hundred six and seven tenths (606.7) feet more or less north of the northerly boundary of the United States Marine Corps Supply Center Drainage Canal, which point is on the ex tension westerly of the north line of Lot 12, Flight River Brick Company, plat as recorded in the public land records of Dougherty County; thence run easterly along the north line of Lot 12, Flint River Brick Company a distance of one thousand sixty six (1066) feet to the east line of said Lot; thence run north 6 degrees 31' west a distance of two hundred fifty four and six tenths (254.6) feet to a point; thence run north 60 degrees 53' east a distance of nine hundred fifty five and four tenths (955.4) feet to a point; thence run north 7 degrees 26' east to the south land lot line of Land Lot 242; thence run westerly along- the south line of Land Lots 242 and 265 to the east low water line of the Flint River; thence run south southeasterly along the east low water line of Flint River to its intersection with a line parallel to and five hundred thirty three (533) feet south of the north line of Land Lot 305 extended east across the Flint River; thence run westerly along said line parallel to and five hundred thirty three (533) feet south of the north line of Land Lot 305 to a point one hundred ninety two and seven tenths (192.7) feet west of the west low water line of the Flint River; thence run south southeasterly a distance of
five hundred thirty one and six tenths (531.6) feet to a point;
thence run east two hundred ninety (290) feet to the west low
water line of the Flint River; thence run southerly along the west

MONDAY, MARCH 12, 1973

2749

low water line of the Flint River one hundred thirty (130) feet more or less to a point; thence run west one thousand eight hundred fifty (1850) feet more or less to a point on the east line of Land Lot 319; thence run southerly along the east line of Land Lot 319 a distance of eight hundred fifty eight (858) feet to a point; thence run westerly a distance of one thousand two hundred (1200) feet to a point; thence run northerly a distance of one thousand six hundred ninety four (1694) feet to a point; thence run north 89 degrees 02' west a distance of one thousand seven hundred sixty nine and two tenths (1769.2) feet to the east right-of-way line of River Road; thence run north along the east right-of-way line of River Road to the south line of land lot 320; thence run westerly along the south line of land lot 320 and land lot 337 to the west line of Land Lot 337; thence run northerly along the west line of Land Lot 337 to the south line of Land Lot 361; thence run westerly along the south line of Land Lot 361 to the east right-ofway line of South Slappey Boulevard (Georgia Highway 91W) ; thence run north along the east right-of-way line of South Slappey Boulevard to a point two hundred ten (210) feet south of the south right-of-way line of Colquitt Avenue; thence run west along the south side of a twenty (20) foot alley extended to the west right-of-way line of Walnut Street; thence run south 1 degree 0' east along the west side of Walnut Street a distance of one hundred twenty (120) feet to the south side of a twenty (20) foot alley; thence run south 89 degrees 0' west along the south side of said twenty (20) foot alley a distance of one thousand two hundred twenty eight and three tenths (1228.3) feet to the west line of Land Lot number 375, First Land District of Dougherty County; thence run south 0 degrees 10' west along the west line of Land Lot number 375 a distance of two hundred fifty eight (258) feet to the south side of a twenty (20) foot alley; thence run west along the south side of said twenty (20) foot alley to the east line of Land Lot number 415, First Land District of Dougherty County; thence run south along the east land lot line of Land Lots number 415 and 416 to a point two thousand three hundred eighty six and one hundredth (2386.01) feet south of the north land lot line of Land Lot 416; thence run south 88 degrees 8' 53 seconds west a distance of one thousand four hundred seventy and sixty five hundredths (1470.65) feet to a point; thence run south 0 degrees 23' 33 seconds east a distance of one hundred forty four and sixty six hundredths (144.66) feet to a point; thence run north 88 degrees 14 minutes 8 seconds west a distance of four hundred sixty five and ninety one hundredths (465.91) feet to a point; thence run north 87 degrees 17' 8 seconds west a distance of one thousand four hundred twenty seven and fifty three hundredths (1427.53) feet to the center line of English Road; thence run south along the center line of English Road to a point six hundred ten and six tenths (610.6) feet north of the south land lot line of Land Lot 160; thence run south 87 degrees 45' west a distance of one thousand two hundred four (1204) feet to a point; thence run south 2 degrees east a distance of six hundred ten and six tenths (610.6) feet to the south land lot line of Land Lot 160; thence run west along the south line of Land Lot 160 a distance
of one hundred eighty five (185) feet to a point; thence run south
to the south line of Land Lot 161; thence run west along the south
line of Land Lots 161, 162, 163, 164, 165 and 166 to the west land

2750

JOURNAL OF THE HOUSE,

lot line of Land Lot 166; thence run north along the west land lot line of Land Lots 166, 155 and 126 to the east bank of the Coolewahec Creek; thence run northerly along the east bank of the Coolewahee Creek to the south right-of-way line of Gillionville Road (Georgia Highway 234) ; thence run west along the south right-of-way line of Gillionville Road (Georgia Highway 234) a distance of two thousand three hundred twenty seven (2327) feet to a point; thence run north a distance of four hundred (400) feet to a point; thence run west four hundred sixty six (466) feet to a point seventy (70) feet west of the land lot line between Land Lots 74 and 75 and four hundred (400) feet north of the north right-of-way line of Gillionville Road (Georgia Highway 234) ; thence run north 4 degrees 34' east a distance of one thousand seven hundred thirty and five tenths (1730.5) feet to a point; thence run east a distance of two thousand eight hundred seventeen (2817) feet to a point on the west bank of the Coolewahee Creek; thence run southerly along the west bank of the Coolewahee Creek to the north rightof-way line of Gillionville Road (Georgia Highway 234) ; thence run east along the north right-of-way line of Gillionville Road (Georgia Highway 234) to the center line of Lockett Station Road; thence run south along the center line of Lockett Station Road to the north right-of-way line of Land Lot 124; thence run east along the north land lot line of Land Lots 124 and 123 to the east Land lot line of Land Lot 123; thence run south along the land lot line between Land Lot 123 and 122 to the south land lot line of Land Lot 122; thence run east along the south land lot line of Land Lot 122 to the center line of Westover Road; thence run south along the center line of Westover Road to a point two thousand seven hundred thirty seven and thirteen hundredths (2737.13) feet north of the south land lot line of Land Lot 159 as measured along the center line of Westover Road; thence run south 84 degrees west a distance of nine hundred twenty four and forty eight hundredths (924.48) feet to a point; thence run south 6 degrees east a distance of five hundred (500) feet to a point; thence run north 84 degrees east a distance of nine hundred twenty one and two tenths (921.2) feet to a point on the center line of Westover Road; thence run south along the center line of Westover Road to a point one thousand four hundred sixty seven (1467) feet north of the south land lot line of Land Lot 159; thence run south 54 degrees west a distance of three hundred (300) feet to a point; thence run south 34 degrees 3' minutes west a distance of one thousand five hundred fifty seven and forty one hundredths (1557.41) feet to a point on the south land lot line of Land Lot 159; thence run east along the south land lot line of Land Lot 159 to the west line of Land Lot 160; thence run north along the west land lot line of Land Lot 160 to the north land lot line of Land Lot 160; thence run east along the north land lot line of Land Lot 160 a distance of four hundred seventy three and six hundredths (473.06) feet to a point; thence run north 45 degrees 9' 30 seconds east a distance of one thousand sixty two (1062) feet to a point; thence run along a curve whose chord runs north 19 degrees 59' east a distance of five hundred thirty (530) feet to a point; thence run north 5 degrees 11 minutes east to the center
line of Gordon Avenue; thence run east-northeasterly and easterly
along the center line of Gordon Avenue to the land lot line between
Land Lots 403 and 414; thence run north along the land lot line

MONDAY, MARCH 12, 1973

2751

between Land Lots number 403 and 414 to a point one thousand two hundred seventy nine and three tenths (1279.3) feet south of the south right-of-way line of the Central of Georgia Railroad where said land lot line intersects the south side of a twenty (20) foot alley; thence run south 71 degrees 10' west along the south side of said alley a distance of twenty three and seven tenths (23.7) feet to a point; thence run south 60 degrees 31' west along the south side of said alley a distance of three hundred fifty (350) feet to a point; thence run south 72 degrees 43' west along the south side of said alley a distance of two hundred four and six tenths (204.6) feet to a point; thence run north 29 degrees 29' west along the west side of a twenty (20) foot alley a distance of nine hundred and eight tenths (900.8) feet to the north side of a twenty (20) foot alley; thence run north 18 degrees 05' west, a distance of five hundred sixty (560) feet to the northerly rightof-way line of the Central of Georgia Railroad; thence run south westerly along the northerly right-of-way line of the Central of Georgia Railroad to a point on the west side of Ingleside Drive extended; thence run northeasterly along the west side of Ingleside Drive to the south side of Broad Avenue; thence run west north westerly to a point one thousand seven hundred four (1704) feet more or less south of the south right-of-way line of Gillionville Road on land lot line between Land Lot 413, First Land District of Dougherty County and Land Lot 81 Second Land District of Dougherty County thence run south 87 degrees 40' west a distance of two thousand five hundred forty one and seven tenths (2541.7) to a point; thence run north 2 degrees 20' west a distance of one thousand seven hundred thirty one and eight tenths (1731.8) feet to a point on the south right-of-way line of Gillionville Road; thence run north 87 degrees 40' east along the south right-of-way line of Gillionville Road a distance of ninety five and seven tenths (95.7) feet to a point; thence run northerly a distance of nine hundred forty nine and five tenths (949.5) feet to a point; thence run westerly a distance of nine hundred seventy one and seven tenths (971.7) feet to a point on the west line of Land Lot 80, Second Land District of Dougherty County; thence run southerly along the west line of Land Lot 80 Second Land District of Dougherty County to the center line of Gillionville Road (Georgia Highway 234) ; thence run west along the center line of Gillionville Road (Georgia Highway 234) to the center line of Beattie Road; thence run northerly along the center line of Beattie Road to the north land lot line of Land Lot 78; thence run west along the north land lot line of Land Lot 78 to the west right-of-way line of Beattie Road; thence run north along the west right-of-way line of Beattie Road to a point three hundred eight (308) feet south of the inter section of the west right-of-way line of Beattie Road and the south right-of-way line of Westgate Boulevard extended west; thence run south 87 degrees 59' 55 seconds west a distance of one thousand four hundred ninety four and seven hundredths (1494.07) feet to a point on the east land lot line of Land Lot 44; thence run south along the east land lot line of Land Lot 44 to the south land lot line of Land Lot 44; thence run west along the south land lot line of Land Lot 44 to the west land lot line of Land Lot 44;
thence run north along the west land lot line of Land Lot 44 to
its intersection with the easterly boundary of Doublegate Subdivision
as recorded in the Public Land Records of Dougherty County in

2752

JOURNAL OF THE HOUSE,

Plat Book No. 3 on Pages 194 and 195; thence run northerly along the east boundary of Doublegate Subdivision as recorded to the west land lot line of Land Lot 37; thence run north along the west land lot line of Land Lot 37 to the center line of Old Dawson Road; thence run east along the center line of Old Dawson Road to a point four hundred sixty six and thirty five hundredths (466.35) feet west of the east land lot line of Land Lot 37; thence run south one degree 47' 51 seconds west a distance of one thousand seventy and seventy six hundredths (1070.76) feet to a point; thence run south 72 degrees 54' 15 seconds east a distance of three hundred nine and four tenths (309.4) feet to a point; thence run north one degree 47' 51 seconds west a distance of three hundred and seventy six hundredths (300.76) feet to a point; thence run south 89 degrees 24' east to the east land lot line of Land Lot 37; thence run south along the east land lot line of Land Lot 37 a distance of one thousand seven hundred seventy seven (1777) feet to a point; thence run north 88 degrees 25 seconds east a distance of one thousand four hundred ten and five hundredths (1410.05) feet to a point on the center line of Beattie Road; thence run south along the center line of Beattie Road a distance of one thousand four hundred thirty six and six hundredths (1436.06) feet to a point; thence run south 88 degrees 1' 4 seconds west a distance of two hundred seventy nine and ninety one hundredths (279.91) feet to a point; thence run south 2 degrees 9' 55 seconds east a distance of one hundred seventy four and thirteen hundredths (174.13) feet to a point; thence run south 88 degrees 2' 55 seconds west a distance of two hundred forty nine and ninety six hundredths (249.96) feet to a point; thence run south 2 degrees 11 minutes 44 seconds east a distance of four hundred fifty (450) feet to a point; thence run north 88 degrees 2' 20 seconds east a distance of one hundred fifty eight (158) feet to a point; thence run south 2 degrees 11' 22 seconds east a distance of six hundred thirty seven and sixty five hundredths (637.65) feet to a point; thence run north 87 degrees 45 minutes 28 seconds east a distance of ninety two and one tenth (92.1) feet to a point; thence run south 2 degrees 13' 20 seconds east a distance of one hundred ninety nine and seventy five hundredths (199.75) feet to a point; thence run north 87 degrees 47 minutes 33 seconds east a distance of three hundred thirty nine and ninety five hundredths (339.95) feet to the east right-of-way line of Beattie Road; thence run southerly along the east right-of-way line of Beattie Road to the north land lot line of Land Lot 78; thence run east along the north land lot line of Land Lot 78 to the west land lot line of Land Lot 42; thence run north along the west land lot line of Land Lot 42 to the north land lot line of Land Lot 42; thence run east along the north land lot line of Land Lot 42 to a point five hundred fifty (550) feet east of the east land lot line of Land Lot 39; thence run north 0 degrees 40' west a distance of one thousand three hundred fifty six and four tenths (1356.4) feet to a point; thence run east along the northern boundary of Dawson Heights Subdivision, as recorded in the Public Land Records of Dougherty County in Plat Book No. 3 on Pages 35, 123 and 124 and its extension east to a point on the southwesterly right-of-way line of Dawson Road (Georgia
Highway 50) ; thence run southeasterly along the southwesterly
right-of-way line of Dawson Road a distance of four hundred
seventy-two and four-tenths (472.4) feet to a point on the line

MONDAY, MARCH 12, 1973

2753

between Land Lot number 40 Second Land District of Dougherty County and Land Lot Number 410, First Land District of Dougherty County, which is four hundred forty and five tenths (440.5) feet north of the southeast corner of Land Lot Number 40, Second Land District of Dougherty County; thence run northerly along the east Land Lot of Land Lot 40 to the north line of Land Lot 40; thence run west along the north line of Land Lot 40 a distance of three hundred seventy three and six tenths (373.6) feet to a point; thence run south 37 degrees 45 minutes west a distance of one thousand three hundred eighty two and three tenths (1382.3) feet to a point on the center line of Dawson Road; thence run northwesterly along the center line of Dawson Road to a point three thousand four hundred five (3405) feet northwest of the intersection of said center line and the south land lot line of Land Lot 1 and the Second Land District of Dougherty County; thence run north 2 degrees west a distance of one thousand one hundred fifty eight (1158) feet to a point on the northerly county line of Dougherty County; thence run east along the northerly county line of Dougherty County and the north land lot lines of Land Lots 2 and 1, Second Land District of Dougherty County to the beginning point.
The limits of the City of Albany, for police purposes only, be and the same are hereby extended so as to include supervision and control over the public utilities properties of said City, including its waterworks, gas, electric and sewerage systems without the limits of the city. The jurisdiction of the police court shall include power over offenses, matters or things affecting any of the city's public utilities properties, including its waterworks, gas, electric and sewerage systems without the limits of the city.
The City proper shall be divided into wards as follows:
1st Ward. Ward one shall include all that part of the City of Albany lying east of the Flint River and known as East Albany.

2nd Ward. Ward two shall include all that part of the City of Albany lying west of the center line of Monroe Street and south of the center line of Flint Avenue and being bounded on the north by the center line of Flint Avenue and the center line of Flint Avenue projected west to the center line of the Central of Georgia Railroad; thence along the center line of Central of Georgia Rail road to the center line of Slappey Boulevard and from the center line of Slappy Boulevard along the center line of Gillionville Road to the city limits and bounded on the south and southeast by the center line of Jefferies Avenue from the center line of Monroe Street to the center line of Newton Road and the center line of Newton Road to the City Limits.

3rd Ward. Ward three shall include that part of the City of Albany bounded on the east by the Flint River and bounded on the north by the center line of Eighth Avenue and its extension to the Flint River and bounded on the west by the center line of Slappey Boulevard between the center line of Eighth Avenue and the center line of Central of Georgia Railroad and running easterly

2754

JOURNAL OP THE HOUSE,
along the center line of the Central of Georgia Railroad to the extension of the center line of Flint Avenue and along said extension and the center line of Flint Avenue to the center line of Monroe Street and running along the center line of Monroe Street to the center line of Jefferies Avenue and along the center line of Jefferies Avenue to the center line of Newton Road and along the center line of Newton Road to City Limits which comprise the southerly boundary of the ward.
4th Ward. Ward four shall include all of that part of the City of Albany bounded on the east by the Flint River and bounded on the north and west by City Limits and bounded on the south by the center line of Eighth Avenue and its extension east to the Flint River and its extension west to the center line of Valley Road Alley where said alley intersects north Hilltop Drive, running thence west along the center line of Valley Road alley and its extension west to the center line of Dawson Road, running thence northwesterly along the center line of Dawson Road to the City Limits.
5th Ward. Ward five shall include all of that part of the City of Albany bounded on the south by the center line of Gillionville Road to the City Limits and bounded on the east by the center line of Slappey Boulevard and on the north by the center line of Eighth Avenue and its extension west to the center line of Valley Road Alley where said alley intersects north Hilltop Drive, running thence west along the center line of Valley Road Alley and its extension west to the center line of Dawson Road, running thence northwesterly along the center line of Dawson Road to the City Limits."

Mr. Busbee of the 114th moved that the House agree to the Senate amendment to HB 600, as amended by the House.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment, as amended by the House, to HB 600 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 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 provisions relating to foreclosure of mortgages on personalty; and for other purposes.

MONDAY, MARCH 12, 1973 The following Committee amendment was read and adopted:

2755

The Committee on Judiciary moves to amend House Bill 1032 as follows:
by striking on line 16, page 3, the word "double"
and by adding after the word "summons" on page 6, line 18, the words "and after having an opportunity to be heard"
and by striking on line 20, page 6 the word "double".

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. M. Alien Atherton Bailey Beckham Blackshear Bohannon Bostick Brantley, H. H. 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 Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. B. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Parrar Floyd, L. K. Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton

Harden Harrington Harris, J. R. Harrison Hawes Hays Howard Howell Hudson Hutchinson 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

2756

Marcus

Mason

Matthews, C.

Matthews, D. R.

Mauldin

McDaniell

McKinney

Miles

Milford

Morgan



Moyer

Mulherin

Mullinax

Nessmith

Nix

Odom

Oxford

Patterson

Peters

JOURNAL OF THE HOUSE,

Petro Phillips, G. S. Phillips, L. L. Pinkston Eainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens

Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. W. H. Alexander.

Those not voting were Messrs.:

Bennett Berlin Berry Bond Bray Brown, B. D. Buck Floyd, J. H. Gignilliat Harris, J. F. Hill, B. L.

Hill, G. Horton, G. T. Horton, W. L. Irvin, J. Knight McCracken McDonald Murphy Noble Northcutt Patten, G. C.

Patten, R. L.
Pearce Ritchie Savage Strickland Thomason Townsend
Vaughn Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 148, nays 1.

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

HB 480. By Messrs. Alexander of the 39th, Marcus of the 26th, Mrs. Hamilton of the 31st 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 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.

MONDAY, MARCH 12, 1973

2757

The following Committee substitute was read and adopted:

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 change the provisions relative to year-round opera tion of schools; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, is hereby amended by striking Section 27 in its entirety and substituting in lieu thereof a new Section 27 to read as follows:

"Section 27. Year-round Operation of Schools.--In order to promote greater efficiency and savings through better utilization of existing school facilities, the State Board of Education is hereby authorized, to the extent that funds may be available for this purpose, to develop and provide for implementation of a plan for operation of public schools on a year-round basis throughout the State, or in any local unit of administration; provided, however, a request for such funds is made by the local unit of administration. Upon implementation of such program on a Statewide basis or in any particular local unit of administration, State funds shall be made available to all local units or to the particular local unit, as the case may be, for such purposes on the same basis and at the same ratio at which State funds were made available to the local unit during the preceding school year in support of the calculated cost of providing a minimum foundation program of education in the local unit; provided, however, the State Board of Education shall be authorized to allocate funds to a local unit of administration for any 180 days of official attendance for enrolled students if a State Board approved comprehensive program is being provided on all such official attendance days."

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

2758
Beckham Berlin Blackshear Bohannon Bond Bostick Brantley, H. H. 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.
Davis, W.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dickey
Dixon
Dollar
Duke
Edwards
Egan
Ellis
Ezzard
Farrar
Floyd, L. R.
Foster
Geisinger

JOURNAL OF THE HOUSE,

Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Howard Hudson Hutchinson Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan
Keyton
King
Kreeger
Lambert
Lane, Dick
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
McDonald
McKinney
Milford
Morgan

Moyer Mulherin Mullinax Odom Patten, G. C. Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Ross Russell, J. Russell, W. D. Shanahan Shepherd Smith, J. R. Smith, V. B. Snow
Stephens
Strickland
Sweat
Thompson
Toles
Triplett
Tucker
Turner
Waddle
Walker
Wall
Wamble
Wheeler, Bobby
Whitmire
Willis
Wilson, J. M.
Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Brantley, H. L. Carr Colwell Irvin, J. Lane, W. J.

Lewis Mauldin Miles Nessmith Oxford

Patterson Rush Sams Twiggs Williams

MONDAY, MARCH 12, 1973

Those not voting were Messrs.:

Bennett Berry Bray Buck Collins, M. Dorrniny Elliott Evans Floyd, J. H. Fraser Gignilliat

Hill, G. Horton, W. L. Howell Knight Logan McCracken McDaniell Murphy Nix Noble

Northcutt Patten, R. L. Ritchie Savage Thomason Townsend Vaughn Ware Wheeler, J. A. Mr. Speaker

2759

On the passage of the Bill, by substitute, the ayes were 135, nays 15.

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

The following Resolutions of the House were read and referred to the Committees:

HR 333. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A RESOLUTION
Relative to the Northwest Georgia Regional Hospital; and for other purposes.
WHEREAS, when funds were appropriated for the purpose of constructing the Northwest Georgia Regional Hospital, the intention of the General Assembly was that there would not be two separate hospitals, namely, Battey State and Northwest Georgia Regional Hos pital, but that it would be one hospital; and
WHEREAS, it was the intention of the General Assembly that Northwest Georgia Regional Hospital would serve both the tubercular patients of the State as well as acting as a regional mental health institution; and
WHEREAS, it was the further intention of the General Assembly that Northwest Georgia Regional Hospital, being a multi-purpose hos pital, would be administered by a single superintendent as opposed to two separate superintendents; and
WHEREAS, by memorandum of February 15, 1973, to Commissioner Richard M. Harden, Georgia Department of Human Resources, from

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JOURNAL OP THE HOUSE,

Dr. Gary E. Miller, Director of Mental Health, Department of Human Resources, it appears that this intention has not been carried out due to the fact that Dr. Miller has appointed a superintendent for the North west Georgia Regional Hospital and a superintendent for Battey State Hospital; and

WHEREAS, the members of this body disapproved of the failure to carry out the intention of the members of the General Assembly in appropriating money for Northwest Georgia Regional Hospital.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby condemns the above action and strongly urges that the original intention of the General Assembly in appropriating money be carried out and that only one superintendent be appointed for the Northwest Georgia Regional Hospital, and that that be the hospital which handles both tubercular patients and mental
patients.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this resolution to Governor Jimmy Carter, Lieutenant Governor Lester Maddox, Commissioner Richard M. Harden, Dr. Gary E. Miller, Dr. Raymond Corpe and Dr. Elton S. Osborne, Jr.

Referred to the Committee on Health and Ecology.

HR 334. By Messrs. Dean of the 54th, Alexander of the 39th, Brantley of the 22nd and others:
A RESOLUTION
. Creating the Children's Lead Poisoning Study Committee; and for other purposes.
WHEREAS, lead poisoning of children is a serious national tragedy; and
WHEREAS, a large number of children lose their lives each year to lead poisoning while an even greater number receive severe brain damage; and
WHEREAS, many children receive moderate brain damage while even more children require treatment as a result of lead poisoning; and
WHEREAS, the blood levels of many children are elevated as a result of lead poisoning; and
WHEREAS, in Georgia a substantial problem exists concerning lead poisoning of children; and
WHEREAS, the State of Georgia should be developing a policy and solution to this problem and its related problems; and

MONDAY, MARCH 12, 1973

2761

WHEREAS, the House of Representatives is in need of additional information concerning this very serious problem.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Children's Lead Poisoning Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House. The Speaker of the House of Representatives shall appoint a chairman of the committee, and the committee shall meet upon the call of the chairman. The committee shall make a thorough and in-depth study of the problem of lead poisoning of children. In connection with its study, the committee shall consult with governmental officials, industry representatives, organizations and interested citizens. The committee shall be authorized to conduct such meetings and hearings at such times and places as it shall deem necessary or convenient to carry out it3 duties and perform its functions. The members of the committee shall receive such expenses and allowances as are authorized for mem bers 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 Georgia, at which time the committee shall stand abolished.

Referred to the Committee on Rules.

HR 335. By Messrs. Dean of the 54th, Alexander of the 39th, Brantley of the 22nd and others:
A RESOLUTION
Creating the Energy Crisis Study Committee; and for other purposes.
WHEREAS, there is evidence that our nation is on the brink of a serious crisis relating to its ability to produce energy to meet the needs of the citizens; and
WHEREAS, energy is so necessary for the continued survival of man; and
WHEREAS, the energy crisis is of vital concern to all Georgians; and
WHEREAS, there is a need to obtain more information as to the extent and seriousness of the energy crisis and its relationship to the continued existence of man and his ability to function in present day society; and
WHEREAS, in the State of Georgia we have recently had problems

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JOURNAL OF THE HOUSE,

of shortages of energy, i.e. light, heat and power, due to serious storms and other conditions; and

WHEREAS, in other parts of the United States there has been a scarcity of energy for educational institutions, transportation systems and industrial operations.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Energy Crisis Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House. The Speaker of the House of Representatives shall appoint a chairman of the committee, and the committee shall meet upon the call of the chairman. The committee shall make a thorough and in-depth study of the problem of the energy crisis in the United States and the State of Georgia. In connection with its study, the committee shall consult with governmental officials, industry representatives, organizations and interested citizens. The committee shall be authorized to conduct such meetings and hearings at such times and places as it shall deem necessary or convenient to carry out its duties and perform its functions. The members of the committee shall receive such expenses and allowances as are authorized for 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 govern ment. The committee shall make a report of its findings and recom mendations to the 1974 session of the General Assembly of Georgia, at which time the committee shall stand abolished.

Referred to the Committee on Rules.

HR 336. By Messrs. Phillips of the 103rd, Harrison of the 116th, Connell of the 80th and others:
A RESOLUTION
Objecting to new H.E.W. Guidelines; and for other purposes.
WHEREAS, the Georgia House of Representatives, being vitally concerned with the programs provided by title IV-A and realizing our leadership responsibility to citizens of the State of Georgia, objects to the restrictive guidelines against the utilization of Title IV-A affecting the well being of children, the self-sufficiency of working parents and the cause of education in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body goes on record as strongly urging that these badly needed services in our society be continued.
BE IT FURTHER RESOLVED that the new guidelines restrictions signed by C. C. Weinberger, Secretary of Health, Education, and Wel-

MONDAY, MARCH 12, 1973

2763

fare on February 13, 1973, which were designated to aid only welfare re cipients, will destroy the effective programs that are now providing greatly needed services to the children of working mothers, the mentally handicapped and retarded, alcoholics and drug addicts, and in the area of family planning, child care and foster child care.

BE IT FURTHER RESOLVED that the House of Representatives contends it was not the intent of Congress to severely restrict services in these six critical program areas. The effect of these regulations will cripple preventive efforts by imposing income ceilings that in Georgia eliminate anyone other than those already on welfare. If these guide lines are imposed, many working mothers will have no alternative except to leave jobs and return to welfare.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Rssolution to the President of the United States, Senator Herman Talmadge, the Secretary of Health, Education and Welfare, and the act ing Administrator, Social and Rehabilitation Services of the Depart ment of Health, Education and Welfare.

Referred to the Committee on Education.

HR 337. By Messrs. Matthews and Collins of the 122nd, Lowrey of the 15th and others:
A RESOLUTION
Urging the Secretary of Agriculture to establish the support price for farm commodities for the next marketing year at the level of 85 percent of the parity price; and for other purposes.
WHEREAS, it is essential to the health and well-being of all citi zens of Georgia to have an adequate supply of farm products; and
WHEREAS, agriculture is of vital importance to the economy of the State of Georgia; and
WHEREAS, during the past year feed prices in Georgia have in creased astronomically with very little price increases for the farmer; and
WHEREAS, the situation in Georgia has become quite critical as large numbers of farmers have been forced to leave the farm; and
WHEREAS, if such a trend continues, food and fiber shortages will result and Georgia consumers will have to face an inflationary in crease in prices; and
WHEREAS, the Secretary of Agriculture is now considering the terms and conditions of the price support program for the next mar keting year.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body find it to be in the best interest of all citizens of Georgia to urge the Secre tary of Agriculture to establish the support price for farm commodi ties for the next marketing year at the level of 85 percent of the parity
price.

BE IT FURTHER RESOLVED that the Secretary of the Senate is directed to transmit appropriate copies of this Resolution to the President of the United States, the Secretary of Agriculture, and the Agricultural Stabilization and Conservation Service, U. S. Department of Agriculture.

Referred to the Committee on Agriculture and Consumer Affairs.

The following Resolutions of the House were read and adopted:

HR 338. By Messrs. Mauldin, Wheeler and Milford of the 13th:
A RESOLUTION
Commending the Franklin County High School girls basketball team; and for other purposes.
WHEREAS, the Franklin County High School girls basketball team experienced one of the most successful seasons, winning 26 out of 30 games and participating in the state finals; and
WHEREAS, the members of the "Lionettes" include: Donna For ester, Norma Bennett, Wanda Pritchett, Vickie Roberts, Taska Owens, Karen Milford, Lola Parker, Suzanne Payne, Gloria Morgan, Connie Segars, Patsy Ginn, Janet Forester, Wanda Grizzle, Sheila Bearden, and Mary Beth Ginn and Mark Gibson, Managers; and
WHEREAS, led by Donna Forester and Wanda Pritchett, both of whom made the Georgia All-State Team, the "Lionettes" won the subregional championship, were runner-up in the region and were state finalists, winning 3 out of 4 games in state tournament play; and
WHEREAS, this is the eighth straight year Coach J. B. Bearden has taken the girls basketball team to the State Championship, and he has had one of the top four teams in six of these years; and
WHEREAS, the Franklin County High School girls basketball team has compiled an amazing record, winning 54 of its last 60 games and winning the subregion for the last 6 straight years; and
WHEREAS, the admirable record compiled by this team can only

MONDAY, MARCH 12, 1973

2765

be attributed to the dedication, drive and outstanding physical condiitioning of the members of the team.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the Frankling County High School girls basketball team for its most successful season.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Coach J. B. Bearden, to the two managers, and to each member of the Franklin County High School girls basketball team.

HR 339. By Mr. Adams of the 14th:
A RESOLUTION
Commending Miss Lisa Lawalin; and for other purposes.
WHEREAS, it is a well known and established fact that Georgia produces the loveliest and most gracious ladies ever to be born on this planet; and
WHEREAS, there is chosen each year a gracious and charming girl to represent the State of Georgia as "Miss Georgia"; and
WHEREAS, this honor has been bestowed this year upon Miss Lawalin; and
WHEREAS, Miss Lawalin is from Rome, Georgia, and is referred to in Rome as the "pride and joy of Rome"; and
WHEREAS, Miss Lawalin has great talents as a singer; and
WHEREAS, the honor accorded to Miss Lawalin is a true and com plimentary reflection upon her grace, charm and ability.
NOW, THEREFORE, BE IT RESOLVED that this body does commend and congratulate Miss Lisa Lawalin, the reigning "Miss Geor gia", and wishes her a happy year as "Miss Georgia".
BE IT FURTHER RESOLVED that the Clerk of the House is au thorized and directed to transmit a copy of this Resolution to Miss Lisa Lawalin of Rome, Georgia.

HR 340. By Messrs. Levitas of the 50th, Atherton of the 19th, Mulherin of the 81st and others:
A RESOLUTION
Commending the Honorable Alex B. Lacy, Jr., on his service to the State of Georgia as the Dean of the School of Urban Life of Georgia State University; and for other purposes.

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WHEREAS, the Honorable Alex B. Lacy, Jr., Dean of the School of Urban Life of Georgia State University, because of his belief in tl.e role of the University as an active force in the community, has been of outstanding service to the State of Georgia; and

WHEREAS, he has provided the inspiration and leadership respon sible for molding the School of Urban Life of Georgia State University into a vital source of expertise and assistance to government and com munity problem solving in the State of Georgia; and

WHEREAS, through his initiative, the State of Georgia has bene fited from such programs as the Urban Life Associates, the Ford Fel lows, the HUD Fellows, the Legislative Graduate Assistance Program, and many, many others; and

WHEREAS, because of his vision and ability, the School of Urban Life of Georgia State University has become known throughout the country as an exemplary model for the urban university and its involve ment in public affairs.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its warmest appreciation to the Honorable Alex B. Lacy, Jr., for his outstanding service to the State of Georgia; and

BE IT FURTHER RESOLVED, that this body does express its regrets at the resignation of the Honorable Alex B. Lacy, Jr., from his position as Dean of the School of Urban Life and does express its hopes and best wishes for 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 Alex B. Lacy, Jr., Dean of the School of Urban Life, and the Honorable Noah Langdale, President of Georgia State University.

HR 341. By Messrs. Bennett of the 124th, Peters of the 2nd, Burton of the 47th and many others:
A RESOLUTION
Commending Honorable Henry Bostick; and for other purposes.
WHEREAS, Honorable Henry Bostick, the distinguished Repre sentative from the 123rd District, has been involved in many battles during his life; and
WHEREAS, he has distinguished himself as a Golden Gloves Boxing Champion, as a football player, as a member of the submarine service in the Pacific during World War II, as principal of the Emanual School in Tift County, and as a member of this distinguished body; and

MONDAY, MARCH 12, 1973

2767

WHEREAS, his ferocious nature is well-hidden by his soft-spoken, kind and gracious manner; and

WHEREAS, in the many battles of his life, he has always been a champion of the people and a champion of law and order; and

WHEREAS, he is constantly engaged in a never-ending battle for truth, justice, and the American way; and

WHEREAS, after surviving the hard battle in this chamber on Wednesday, March 7, 1973, he was attacked by a would-be assailant who attempted to engage him in a second battle while he was walking the Streets of Atlanta in the early evening; and

WHEREAS, before the would-be assailant could stab or cut the distinguished Representative from the 123rd District with a knife or dirk, he knocked the assailant to the ground and took the knife from him.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the Hon orable Henry Bostick for his courageous actions in this most recent battle in his long career of struggles.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Honorable Henry Bostick, and to his assailant, when he is arrested.

HR 342. By Messrs. Levitas of the 50th, Horton of the 43rd, Alexander of the 39th and others:
A RESOLUTION
Commending the School of Urban Life of Georgia State University for its Legislative Assistance Program; and for other purposes.
WHEREAS, the School of Urban Life of Georgia State University has a policy of public service and community involvement; and
WHEREAS, in the spirit of this policy the School of Urban Life, through its Legislative Assistance Program, has made its students avail able to the Committees of the Georgia House of Representatives to per form the research and staff work so necessary to effective governmental decision-making and leadership; and
WHEREAS, the students of the School of Urban Life have exempli fied this policy by their diligent and resourceful assistance to the Com mittees of the Georgia House of Representatives during the past year; and
WHEREAS, the members of the House of Representatives have

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been able to perform their duties more expeditiously and with greater effectiveness because of the high quality of assistance offered by these students.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the School of Urban Life and its students, Mr. Dave Baird, Mr. J. T. Henson and Miss Cathy Inabnit, for their contribution to the betterment of governmental affairs and process in the State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Honorable Noah Langdale, Presi dent of Georgia State University; Honorable Alex B. Lacy, Jr., Dean of the School of Urban Life; Mr. Dave Baird, Mr. J. T Henson and Miss Cathy Inabnit, students of the School of Urban Life.

HR 343. By Mr. Roach of the 8th:
A RESOLUTION
Commending the athletic program of Cherokee County High School; and for other purposes.
WHEREAS, the athletic program of Cherokee County High School is known throughout the State for its many records and achievements and for the outstanding caliber of athletes which the program produces; and
WHEREAS, the members of the various Warrior teams are widely known for their outstanding athletic ability and their commendable record of good sportsmanship; and
WHEREAS, the Cherokee County High School Girls' Basketball Team, under the direction of Coach Ronald Ely, became the State AAA Basketball champions of March 8, 1973; and
WHEREAS, during the 1972-73 football season, the varsity football team compiled an undefeated season; and
WHEREAS, this outstanding athletic program is under the direc tion of Bobby Pate, Athletic Director and head football coach.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby recognizes and commends the many outstanding athletic achievements compiled by the Cherokee County High School Warriors.
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 Cherokee County High School and to Bobby Pate, Athletic Director.

MONDAY, MARCH 12, 1973

2769

HR 344. By Messrs. Wood of the 9th, Ware of the 65th, Foyer of the 99th and others:

A RESOLUTION

Congratulating Admiral Hugh H. Howell, Jr.; and for other pur poses.

WHEREAS, Admiral Hugh H. Howell, Jr. was recently selected for promotion to Rear Admiral in the Judge Advocates Generals Corps of the United States Naval Reserve; and

WHEREAS, Admiral Howell was the first Reservist to be promoted to Rear Admiral under a 1972 law which established a Rear Admiral in the United States Naval Reserve; and

WHEREAS, this native Georgian holds the A.B., L.L.B., L.L.M., J.D. and L.L.D. degrees; and

WHEREAS, he served in many varied billets on active duty with the U. S. Naval Reserve during World War II, his principal assignment being Communications Watch Officer on the staff of Admiral Arthur Radford, Commander, Carrier Division 6; and

WHEREAS, he is currently a member of Naval Reserve Law Com pany 6-6, Atlanta, Georgia, which he organized in 1947, and a member of the Georgia Veterans Service Board on which he served as chairman for 7 years.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby extend to Rear Admiral Hugh Howell, Jr., sincere congratulations on his out standing achievement and wish for him smooth sailing in the years ahead.

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 Rear Admiral Hugh H. Howell, Jr.

HR 345. By Mr. Mauldin of the 13th:
A RESOLUTION
Commending Billy Dilworth; and for other purposes.
WHEREAS, Billy Dilworth was born October 4, 1934, in the Red Hill Community, Franklin County, the son of Mr. and Mrs. B. Q. Dil worth; and
WHEREAS, Mr. Dilworth attended the Franklin County schools and finished all the journalism requirements at the Henry Grady School of Journalism at the University of Georgia; and

2770

JOURNAL OF THE HOUSE,

WHEREAS, he began his newspaper work at the age of 13 for the Lavonia Times; and

WHEREAS, he has served as Georgia Editor for The Anderson Independent and State Editor for the Atlanta Times and Athens Daily News; and

WHEREAS, he joined The Anderson Independent in November, 1972, and established a Georgia Bureau in Lavonia, coordinating a net work of correspondence in 16 Northeast Georgia Counties; and

WHEREAS, he is the host of the Billy Dilworth Show on WLHT AM-FM Radio in Toccoa, Georgia; and

WHEREAS, he is close friends with the Nashville, Tennessee, per sonalities and was the subject of an entire chapter in the book The Nash ville Sound; and

WHEREAS, he is a member of the State Scholarship Commission, representing the Ninth Congressional District; and

WHEREAS, Mr. Dilworth was named to Who's Who in the South and Southeast, and to Marquis Who's Who; and

WHEREAS, he was an agricultural student at Carnesville High School under Honorable A. T. Mauldin, now a member of the Georgia Legislature; and

WHEREAS, it is only fitting and proper that this Body recognize Mr. Dilworth for his many achievements and contributions to the peo ple of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Mr. Billy Dilworth for his many outstanding achievements and contributions to the people of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. Billy Dilworth.

HB 346. By Messrs. Whitmire, Williams and Wood of the 9th:
A RESOLUTION
Commending the Robert Wood Johnson High School Girls Basket ball Team; and for other purposes.
WHEREAS, the Robert Wood Johnson High School Girls Basket ball Team has completed a most successful season in winning the Region 8-AAA Championship and compiling a 26-2 record; and

MONDAY, MARCH 12, 1973

2771

WHEREAS, the Lady Knights were undefeated during the regular season and won the Lanierland Basketball Tournament; and

WHEREAS, this amazing team set a new county scoring record and winning streak this season; and

WHEREAS, the members of the team displayed amazing offensive and defensive talents and outstanding rebounding ability; and

WHEREAS, the admirable record compiled by this team can only be attributed to dedication, drive and outstanding physical conditioning of the members of the team and to the exceptional coaching ability of Coach Ted Parker.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Robert Wood Johnson High School Girls Basketball Team for winning the Region 8-AAA Championship and completing a most successful season.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Coach Ted Parker and to each member of the Robert Wood Johnson High School Girls Basketball Team.

HR 347. By Messrs. Whitmire, Williams and Wood of the 9th:
A RESOLUTION
Commending the East Hall High School Basketball Team; and for other purposes.
WHEREAS, the East Hall High School Basketball Team has re cently won the Class 8-A Region Title; and
WHEREAS, this outstanding team compiled a season record of twenty-seven wins and two losses; and
WHEREAS, Coach Eddie Waldrop is respected and admired as one of the finest high school basketball coaches in the State; and
WHEREAS, it is a tribute to the athletic prowess of the members of this team that they have compiled so enviable a record; and
WHEREAS, Coach Waldrop and the East Hall High School Basket ball Team have lived up to their name in every respect by demonstrating the highest standards of excellence, sportsmanship, brotherhood and team spirit.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the East

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JOURNAL OF THE HOUSE,

Hall High School Basketball Team for winning the Class 8-A Region Title and for its outstanding record both on . ,d off the court.

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 Eddie Waldrop and to each member of the East Hall High School Basketball Team.

HR 348. By Mr. Carrell of the 71st:
A RESOLUTION
Commending the Monroe Area Comprehensive High School Girls Basketball Team; and for other purposes.
WHEREAS, the Monroe Area Comprehensive High School Girls Basketball Team culminated a most successful season by winning the State 8AA Regional Championship; and
WHEREAS, during their successful season, the young athletes representing this outstanding school demonstrated a high degree of sportsmanship and athletic skill; and
WHEREAS, it is only befitting and proper that this Body com mend this fine athletic team.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend its warmest congratulations to the Monroe Area Comprehensive High School Girls Basketball Team upon their winning the State 8AA Regional Champion ship.
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 Coach, Bobby Tanner, and to each and every member of the team as follows: Eleanor Brooks, Elwin Burt, Susan Hale, Patricia Roberts, Penny Young, Donna Wilson, Sheila Adcock, Patricia Hester, Janet Archer, Pam Hudgins, Lynn Carrollton, Elaine Hale, Becky Bailey and Jane Pannell.

HR 349. By Messrs. Adams and Smith of the 74th:
A RESOLUTION
Congratulating Lieutenant and Mrs. William E. Perkins III; and for other purposes.
WHEREAS, on February 18, 1973, in Jacksonville, North Carolina, a baby son was born to Lieutenant and Mrs. William E. Perkins III; and

MONDAY, MARCH 12, 1973

2773

WHEREAS, they named their fine, young son William Brent Perkins; and

WHEREAS, the proud grandparents are Mr. William E. Perkins II, Mrs. Carolyn Perkins, and Mr. and Mrs. David W. Peeples; and

WHEREAS, this Body wishes young Brent every success in his future life; and

WHEREAS, it is only fitting and proper that we recognize this hap py occasion for Lieutenant and Mrs. Perkins.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this Body does hereby congratulate Lieu tenant and Mrs. William E. Perkins III on becoming the proud parents of William Brent Perkins on February 18, 1973.

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 Lieutenant and Mrs. William E. Perkins III.

HR 350. By Messrs. Adams and Smith of the 74th:
A RESOLUTION
Wishing a speedy recovery for Mr. Leon Smith; and for other purposes.
WHEREAS, Mr. Leon Smith of Thomaston, Georgia, has recently been ill; and
WHEREAS, Mr. Smith is the publisher of the Thomaston Times and Free Press; and
WHEREAS, Mr. Smith has made many outstanding contributions to the civic, economic and political life of his community; and
WHEREAS, the individual and collective prayers of each member of the House of Representatives are that its esteemed friend, Mr. Leon Smith, experience a full and rapid recovery.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its deepest regret at the illness of Mr. Leon Smith and does hereby wish for him a full and speedy recovery.
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. Leon Smith.

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JOURNAL OF THE HOUSE,

HR 351. By Messrs. Mullinax, Ware and Knight of the 65th:

A RESOLUTION

Commending the LaGrange College Panthers Basketball Team; and for other purposes.

WHEREAS, the LaGrange College Panthers Basketball Team won the Georgia Intercollegiate Athletic Conference basketball title this year for the first time; and

WHEREAS, under the brilliant coaching of Coach Al Mariotti, this outstanding team finished the season with 23 wins and 8 losses; and

WHEREAS, the members of this team have demonstrated their of fensive and defensive talents, their teamwork, and their authentic ability in winning this very important title; and

WHEREAS, the members of the LaGrange Basketball Team are known throughout the State for their sportsmanship.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby recognizes and com mends the LaGrange College Panthers Basketball Team and Coach Al Mariotti for their outstanding achievement in winning the Georgia In tercollegiate Athletic Conference 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 LaGrange College and Coach Al Mariotti.

HR 352. By Messrs. Rainey of the 115th, Hays of the 1st, Grahl of the 88th and others:
A RESOLUTION
Wishing the Honorable Robert G. Peters a happy birthday; and for other purposes.
WHEREAS, the Honorable Robert G. Peters, the distinguished Representative from the 2nd District, was born on March 7, 1925, and today is celebrating his 48th birthday; and
WHEREAS, he was born in Ringgold, Catoosa County, Georgia, the son of James Robert and Carrie Lena (Black) Roberts; and
WHEREAS, he served in the United States Army during World War II and in the Military Police immediately after the war; and
WHEREAS, this distinguished gentleman is serving in his 5th year

MONDAY, MARCH 12, 1973

2775

as a member of the House of Representatives and is one of the bestliked persons in state government; and

WHEREAS, his usual polish, astuteness and aplomb have made him one of the most respected and able members of this Body; and

WHEREAS, it is only fitting and proper that he be recognized on this most auspicious occasion.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend its heartiest congratulations to Honorable Robert G. Peters on the occasion of his 48th birthday.

BE IT FURTHER RESOLVED that the clerk of the House of Repre sentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Honorable Robert G. Peters.

HR 353. By Messrs. Hudson of the 115th, Adams of the 36th, Grantham of the 127th and others:
A RESOLUTION
Commending Honorable Dick Lane; and for other purposes.
WHEREAS, Honorable Dick Lane, the distinguished gentleman from the 40th District, is serving as a member of this body for his fourth consecutive term; and
WHEREAS, he has served with distinction as a member of the Appropriations Committee, the Recreation Committee, and the State Planning and Community Affairs Committee; and
WHEREAS, he is a city slicker himself but still maintains his ability to get along with the country boys; and
WHEREAS, he is the most effective member of the minority party, principally because he thinks like a good "Democrat"; and
WHEREAS, it is the desire of the members of this body to recog nize this American for his outstanding accomplishments and achieve ments during his tenure as a member of this House.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Dick Lane, the distinguished Representative from the 40th District, for his energy, dedication and ability as a member of this body and further expresses the sincere hope that he will be elected for many terms in the future.

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JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Honorable Dick Lane.

HR 354. By Messrs. Knight, Mullinax and Ware of the 65th and others:

A RESOLUTION

Commending and congratulating the seventeen Certified Municipal Clerks; commending the Georgia Municipal Association, the Georgia Municipal Clerks and Finance Officers Association, and The University of Georgia's Institute of Government and Center for Continuing Educa
tion; and for other purposes:

WHEREAS, The Municipal Clerk is one of the most important of ficials in city government, charged with certifying and keeping all of ficial municipal records, and often serving as the chief administrative officer and having responsibilities in one or more of the following fields: personnel, finance, election management, and purchasing; and,

WHEREAS, rapid urban growth and development, changes in laws affecting municipalities, and recent court decisions have all contributed to the complexities of municipal government administration; and,

WHEREAS, The Georgia Municipal Association, The Georgia Mu nicipal Clerks and Finance Officers Association, and The University of Georgia's Institute of Government and Center for Continuing Education did in 1969 initiate a three-year Municipal Clerks Certification Program involving ninety hours of training and a comprehensive examination in basic management skills, including such topics as Principles of Manage ment and Leadership, Communications and Interpersonal Relations; Pro gram Planning; Labor-Management Relations; Debt Management; Mu nicipal Law; Purchasing; Community Leadership; Public Relations; Community Development; Personnel Administration; Budgeting; and Records Management; and,

WHEREAS, seventeen City Clerks have completed, or will have completed the Certified Municipal Clerks program by July 1973.

NOW, THEREFORE BE IT RESOLVED, that the Georgia Gen eral Assembly does congratulate and commend the following City Clerks for their perseverance and diligence in pursuing and attaining the title of "Certified Municipal Clerk":

Deane Alexander, Nashville

T. C. Gattis, Waycross

Wilbur Avera, Roswell

Robert L. Hudgins, Decatur

Martha Ball, Newnan

Elly Johnson, Gainesville

W. A. Cain, Pelham

Jo Ann Nelson, Kennesaw

Joanne Cannafax, Barnesville

Dorothy Peeples, Kingsland

Karl C. Deiter, Albany

Eloise H. Scarborough, Tifton

Alvie L. Dorminy, Fitzgerald

Warren Sisson, Washington

Henry D. Fitzgerald, Bainbridge lola Stone, Elberton

William Leachman, Powder Springs

MONDAY, MARCH 12, 1973

2777

BE IT FURTHER RESOLVED, that the General Assembly of Geor gia does hereby commend The Georgia Municipal Association, The Geor gia Municipal Clerks and Finance Officers Association, and The Uni versity of Georgia's Institute of Government and Center for Continuing Education for their leadership and foresight by instituting and carrying out the Certified Municipal Clerk's Program.

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to each of the Certified Municipal Clerks; to Dr. M. W. H. Collins, Director, Institute of Government, University of Georgia; to Mr. T. W. Mahler, Director, Center for Continuing Education, University of Geor gia; to Mr. W. A. Cain, President, Georgia Municipal Clerks and Finance Officers Association; and to Mr. W. Elmer George, Executive Director, Georgia Municipal Association.

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

SB 34. By Senator Stephens of the 36th:
A Bill to be entitled an Act to authorize the Solicitor General of the Criminal Court of Fulton County to add two additional Assistant So licitors to his staff of four Assistant Solicitors and one First Assistant Solicitor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 82. By Senator Stephens of the 36th:
A Bill to be entitleu an Act to amend an Act authorizing the Com missioners of Fulton County to establish rules and regulations governing payment of pensions to County employees, so as to authorize the Board of Trustees to increase the amount of benefits payable to certain per sons; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 85. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 26-1802, relating to theft by taking, so as to provide that a person who interchanges the label or price tag from one item to another item of merchandise commits theft by taking; and for other purposes.
Referred to the Committee on Industry.

SB 88. By Senator Stephens of the 36th: A Bill to be entitled an Act to amend Code Section 26-2901, relating to

2778

JOURNAL OF THE HOUSE,

carrying a concealed weapon, so as to provide that a firearm which fires only blank cartridges, cartridges containing only gunpowder and no bullet, and firearms commonly known as "pellet pistols", shall be in cluded in the meaning of "firearm" in said section; and for other pur poses.
Referred to the Committee on Judiciary.

SR 94. By Senator Dean of the 6th:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the selection of grand and traverse jurors; to provide that the General Assembly shall provide by law for the selection of experienced, intelligent and upright men and women to serve as grand and traverse jurors; and for other purposes.
Referred to the Committee on Judiciary.

SR 118. By Senator Reynolds of the 48th:
A Resolution creating a Sales Tax Study Committee; and for other purposes.
Referred to the Committee on Ways and Means.

SB 131. By Senator Reynolds of the 48th:
A Bill to be entitled an Act to provide that State employees may be re imbursed by a State agency for transportation of household goods and incident expenses incurred during change of residence as a result of an action by the department requiring transfer from one part of the State to another; and for other purposes.
Referred to the Committee on Rules.

SR 142. By Senator London of the 50th:
A Resolution urging the U. S. Department of Agriculture and the U. S. Department of Interior to halt clear cutting of timber in the North Georgia Mountains; and for other purposes.
Referred to the Committee on Natural Resources.

SR 147. By Senators Bell of the 5th, Dean of the 6th and Hudgins of the 15th:
A Resolution proposing an amendment to the Constitution so as to pro vide that any compensation received for active service as a member of the armed forces of the U. S. for any month during any part of which such member was a POW or MIA in the Vietnam conflict shall not be subject to any Georgia State Income Tax; and for other purposes.
Referred to the Committee on Ways and Means.

MONDAY, MARCH 12, 1973

2779

SB 175. By Senator Sutton of the 9th:
A Bill to be entitled an Act to amend Code Chapter 26-9, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to define the crime of criminal possession of a firearm; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 189. By Senator Coverdell of the 40th:
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 by increasing the number of members thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 252. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend Code Section 59-201, relating to the qualifications of grand jurors, so as to provide that all elected public officers and officials shall not be eligible to serve as grand jurors; and for other purposes.
Referred to the Committee on Judiciary.

SB 299. Ey Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act to prohibit the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said glasses are fitted with heat treated glass lenses, so as to require that companies shall deliver the product only to the person ordering the work performed; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 296. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend Code Chapter 59-1, relating to the selection of grand and traverse jurors, so as to change the method, practices and procedures for the selection of grand and traverse jurors; and for other purposes.
Referred to the Committee on Judiciary.

SB 326. By Senator Langford of the 51st:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to grant pardon and parole to aged or disabled inmates; and for other purposes.
Referred to the Committee on Special Judiciary.

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JOURNAL OP THE HOUSE,

SB 328. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system certain county officers of all counties in this State having a certain population, so as to change the compensation pro visions relative to employees in the sheriff's office; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 338. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 27-501, relating to the charges for sureties on criminal bonds, so as to change the compensation of such sureties; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 348. By Senator Hudgins of the 15th: A Bill to be entitled an Act to provide that the governing authority of each county in this State shall not require the reevaluation and ap praisal of all of the property within their respective counties more often than one time every five years; and for other purposes.
Referred to the Committee on Ways and Means.
SB 355. By Senator Johnson of the 38th: A Bill to be entitled an Act to provide for plea bargaining; and for other purposes.
Referred to the Committee on Judiciary.

SB 366. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to authorize and require all Departments, Agencies, Institutions, and Boards of the State to establish employee trust accounts for travel expense purposes for use in conjunction with travel expenses incurred in the conduct of official State business; and for other purposes.
Referred to the Committee on State of Republic.

SB 374. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act providing a salary for the sheriff of Evans County in lieu of the fee system of compensation, so as to change the provisions relative to the sheriff's deputies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

MONDAY, MARCH 12, 1973

2781

SB 377. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Control Code", so as to change the name of the Code codified as Code Chapter 91-1A of the Code of Georgia; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 380. By Senator McDuffie of the 19th:
A Bill to be entitled an Act to amend Code Section 88-504.2 relating to admission to an emergency receiving facility, so as to change the pro cedures for taking persons who appear to be mentally ill into custody; and for other purposes.
Referred to the Committee on Human Relations.

SB 381. By Senator McDuffie of the 19th: A Bill to be entitled an Act to amend Code Section 88-404.7 relating to admission to an emergency receiving facility, so as to change the pro cedures for taking persons who appear to be alcoholics or drug de pendent individuals into custody; and for other purposes.
Referred to the Committee on Human Relations.
SB. 385. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act known as the "Georgia Firearms and Weapons Act", so as to make it unlawful for any person to wilfully alter or mutilate the serial number of any firearm; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 387. By Senator Jackson of the 16th: A Bill to be entitled an Act to amend Code Section 84-901, of the Code of Georgia of 1933, so as to define the terms of "doctors of medicine", "licensed doctors of medicine" and similar terms as meaning and in cluding only those persons who have graduated from a medical college and hold the degree of Doctor of Medicine; and for other purposes.
Referred to the Committee on Health and Ecology.
SB 388. By Senator Lester of the 23rd: A Bill to be entitled an Act to fix the compensation of certain elected officials in certain counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

2782

JOURNAL OF THE HOUSE,

SB 50. By Senators Coverdell of the 40th, Garrard of the 37th and Ward of the 39th:
A Bill to be entitled an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 282. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend an Act abolishing the justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, as amended, so as to revise, consolidate and clarify all the laws relating to the Municipal Court of Augusta; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 398. By Senator Lester of the 23rd:
A Bill to be entitled an Act to carry into effect an amendment to the Constitution, as found in Georgia Laws 1956, pp. 453, et seq.; to pre scribe the powers and duties of said Board; to provide for the composi tion, tenure and compensation of said Board; to prescribe the manner of the selection of Chief Tax Appraiser; to require all persons in Rich mond County, within and without the corporate limits of the City of Au gusta required to make returns of taxable property to make a single return thereof by a specified time; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 49. By Senators Coverdell of the 40th, Garrard of the 37th and Ward of the 39th:

A Bill to be entitled an Act to reorganize the Board of Education of the City of Atlanta; and for other purposes.

Referred to the Committee on State Planning & Community Affairs--Local

Legislation.



SB 408. By Senator Lester of the 23rd:
A Bill to be entitled an Act to provide additional compensation for cer tain employees of certain counties whose compensation is fixed by the General Assembly; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

MONDAY, MARCH 12, 1973

2783

SB 54. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act entitled An Act to provide for retirement of the Judges and Solicitor General of the Criminal Court of Fulton County, the judges of the Civil Court and the judge of the Juvenile Court, so as to remove certain restrictions and limita tions upon payments and benefits applicable.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SR 78. By Senators Thompson of the 32nd, Warren of the 43rd, Ballard of the 45th and others:
A Resolution relative to non-resident students and non-resident tem porary workers in Georgia; and for other purposes.
Referred to the Committee on Motor Vehicles.

SR 85. By Senator Smalley of the 28th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the debt incurred by any county, municipal corporation or political subdivision shall never exceed 9 per centum of the assessed value of all taxable property therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

SR 153. By Senators Dean of the 6th and Gillis of the 20th:
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.

SB 321. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to provide for representation on the Board of Directors in proportion to the population of each county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

SB 358. By Senators Holloway of the 12th and Riley of the 1st:
A Bill to be entitled an Act to provide for the operation of the Georgia State Financing and Investment Commission created pursuant to an amendment to the Constitution ratified at the general election held on November 7, 1972; and for other purposes.
Referred to the Committee on Rules.

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JOURNAL OF THE HOUSE,

SB 378. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traf fic on Highways", so as to provide that a driver who strikes another person causing injury or death to such person and who does not fulfill the requirements of this Act shall be guilty of a felony; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 395. By Senators Wasden of the 2nd and Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Savannah Beach, Tybee Island, in the County of Chatham and State of Georgia, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 409. By Senators Wasden of the 2nd, Riley of the 1st and Zipperer of the 3rd:
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 for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

The following Resolution of the Senate was read and adopted:

SR 184. By Senators Sutton of the 9th, Herndon of the 10th, Webb of the llth and others:
A RESOLUTION
Commending Major Orson Swindle III, United States Marine Corps; and for other purposes.
WHEREAS, Major Orson Swindle III, United States Marine Corps, was among the prisoners of war recently released by North Vietnam after over six years of confinement; and
WHEREAS, Major Swindle's aircraft was shot down over North Vietnam in November of 1966; and
WHEREAS, Major Swindle received packages containing medica tion while he was a prisoner of war, but he gave the medication to other prisoners; and

MONDAY, MARCH 12, 1973

2785

WHEREAS, Major Swindle's wife and son, Gail Swindle and Kevin, age 11, have demonstrated exceptional faith and courage throughout Major Swindle's imprisonment; and

WHEREAS, Major Swindle's home is Camilla, Georgia, and the collective prayers of the residents of Camilla have been for his release and safe return home; and

WHEREAS, this outstanding citizen of Georgia is an excellent ex ample of the courage and ability demonstrated by members of the Armed Forces of the United States in serving their country.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby commend Major Orson Swindle III, United States Marine Corps, for outstanding service to his country and extend to him their warmest "welcome home" from his many years of confinement in North Vietnam prison.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution to Major Orson Swindle III.

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.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, March 13, 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. J. E. Lowery, Pastor, Central United Methodist Church, Atlanta, Georgia:
O Lord, Father of all mankind, pour out Your guiding light upon the deliberations and enactments of this body; help them to attain full commitment to serve justice and truth. Keep them ever sensitive to the needs, hopes and aspirations of all Thy people. Help them to seal wisdom with patience and compassion. Enable them to make the kinds of decisions that will make our State a better place to live, where families can live together in peace and harmony, where children, black and white, can grow and develop to their full potentials, and where all the resources which Thou hast given us may be used for the benefit of all.
Help us, 0 Lord, to remember that you have taught us that the greatest among us is servant to all and that true greatness is measured by the quality of service. Help these servants today and in the remain ing days of this session to conduct the affairs of this State with dignity and such depth of dedication to end hunger and want and injustice, that history will look upon their works and judge them not simply as politicians but herald them as statesmen and as servants.
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 consent:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.

TUESDAY, MARCH 13, 1973

2787

3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Tuesday, March 13, 1973, and submits the following:

HB

37. Criminal Justice Act, Indigents (Reconsidered)

HB

58. Emp. Retirement System, 35 years service

HB

138. Judges & D.A.'s Emp., Merit System Employ

HB

181. Sunday Business, Regulate Operation (Reconsidered)

HB

200. Open Public Meetings, Board of Education

HB

319. Planning Commissions, Create (Reconsidered)

HB 320. County Municipal Planning and Zoning

HB

382. Interstate Agreement on Detainers

HB

395. Peace Officer Std. and Training Council

HB

397. Massive Water related rec. events (Reconsidered)

HB

429. Bldg. Adm. Bd., Office of Housing Section

HB 430. Office of Housing Section, Create (Reconsidered)

HB

439. Cities and Counties, Budget, Audit (Reconsidered)

HB

465. Jury Selection, Number of Strikes

HB

706. Sabbath Day, Prohibit Certain Activities

HB

811. Solid Waste Management Injuctive Relief

HR 204- 832. Spalding County, Courts, Surety Bonds

HB

893. Sickle Cell Anemia Tests, Prior to Attending Sch.

HB

915. Abortion, Relative to the Reasons

HB 1037. World Congress Center, General Assembly Approve Site

HB 1054. Tax Collectors & Tax Commissioners, Salaries

HB 1089. Hospital, Pay Overpayment to Surviving Spouse.

HB 1115. Employment & Wages, Payment of Wages

HB 1181. Dissolved Corporation, Income Taxes

HR 317-1189. Joint Financial Institution Laws Study Committee

2788
SB SB SB SB SB SB SB SB SB SB SB

JOURNAL OF THE HOUSE,
ALL COMPENSATION RESOLUTIONS 18. Uniform Commercial Code, clearing corporation 29. Supreme & Court of Appeals, Interlocutory Appeals 72. Ga. Ports Authority Membership 111. Southern Gas Company, Grant Easements 119. Unsafe Railroad Crossings; designate 140. Public Transportation, New Code 203. Fiduciaries, securities depository 275. Pardons & Paroles Board, removal of members 285. Ports, seaports, harbors, DOT give aid 304. Hospital Service Non-Profit Corp., Contracts 305. Podiatrists, define

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 114th, Chairman.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 1235. By Messrs. Mauldin of the 13th and Smith of the 74th:
A Bill to be entitled an Act to amend an Act known as the "Dealers in Used Motor Vehicle Parts Registration Act", so as to change the pro visions relative to certain bonds; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1236. By Messrs. Mauldin of the 13th and Smith of the 74th:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to change the provisions rela tive to the wreckage, salvage, scrapping, dismantling or destroying of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

TUESDAY, MARCH 13, 1973

2789

HB 1237. By Messrs. Dean of the 60th and Mason of the 59th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Buford, so as to change the provisions relating to the eligibility and election of members of the commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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

HB 1217. By Mr. Ross of the 72nd:
A Bill to be entitled an Act to amend an Act supplementing the fees paid to the Ordinary of Lincoln County, so as to change the monthly salary of said ordinary; and for other purposes.

HB 1218. By Mr. Ross of the 72nd:
A Bill to be entitled an Act to amend an Act providing compensation for the Treasurer of Lincoln County, so as to change the compensation of said treasurer; and for other purposes.

HB 1219. By Messrs. Harris of the 8th, Shanahan of the 7th and Roach of the 8th:
A Bill to be entitled an Act to provide for an annual salary for the court reporter of the Cherokee Judicial Circuit; to provide for the compensation of a secretary for the court reporter; and for other pur poses.

HB 1220. By Messrs. Harris of the 8th, Shanahan of the 7th and Roach of the 8th:
A Bill to be entitled an Act to provide for an investigator for the office of the District Attorney of the Cherokee Judicial Circuit; and for other purposes.

HB 1221. By Messrs. Pearce of the 87th, Berry of the 86th, King and Davis of the 85th, Buck of the 87th and Thompson of the 86th:
A Bill to be entitled an Act to provide that the homestead of each resi dent of Muscogee County School District who is 62 years of age or older and who has an income not exceeding $6,000 per annum shall be exempt from all ad valorem taxation for educational purposes; and for other purposes.

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HB 1222. By Messrs. Bohannon and Patterson of the 64th:
A Bill to be entitled an Act to reincorporate the City of Bowdon in the County of Carroll; to create a new charter for the city; and for other purposes.

HB 1223. By Messrs. Moyer of the 99th and Waddle of the 98th:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins, so as to permit advance refunding of outstanding revenue bonds by certain methods; and for other purposes.

HB 1224. By Mr. Harrison of the 116th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, so as to change the corporate limits of the City of Baxley; and for other purposes.

HB 1225. By Mr. Harrison of the 116th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Wayne County, so as to change the compensation of the members of said board; and for other purposes.

HB 1226. By Mr. Adams of the 84th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners in the County of Harris", so as to change the compensation and expenses of the Chairman and the other members of the Board; and for other purposes.

HB 1227. By Messrs. Atherton of the 19th, Duke and Nix of the 20th, Howard of the 19th, Kreeger of the 21st and Wilson of the 19th:
A Bill to be entitled an Act to provide for the exercise of the p'anning and zoning powers within Cobb County; and for other purposes.

HB 1228. By Mr. Turner of the 3rd:
A Bill to be entitled an Act to amend an Act incorporating1 the City of Varnell, so as to change the corporate limits of said City; and for other purposes.

HB 1229. By Mr. Bray of the 66th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so

TUESDAY, MARCH 13, 1973

2791

as to change the compensation provisions relating to the clerk of the ordinary; and for other purposes.

HB 1230. By Messrs. Twiggs and Colwell of the 4th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Towns County on an annual salary, so as to change the provisions relating to the compensation of the sheriff; to authorize the sheriff to appoint two deputies and a clerk-radio operator; and for other purposes.

HR 331-1230. By Mr. Hill of the 110th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Chatham County to provide for the regulation of horse and dog- racing and pari-mutuel wagering and off-track betting thereon, in Chatham County; and for other purposes.

HB 1231. By Messrs. Knight and Ware of the 65th:
A Bill to be entitled an Act to amend an Act incorporating the City of Newnan, so as to change the terms of office of the mayor and aldermen of said city; and for other purposes.

HB 1232. 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 said City; and for other purposes.

HB 1233. By Messrs. Williams of the 9th, Pinkston and Dickey of 89th, and Daugherty of the 33rd:
A Bill to be entitled an Act to revise, classify, consolidate, modernize and supersede the present laws relating to financial institutions and to establish new laws relating thereto; and for other purposes.

HB 1234. By Messrs. Sweat of the 125th and Dixon of the 126th:
A Bill to be entitled an Act to amend an Act placing certain of the county officers of Ware County upon an annual salary, so as to provide for a change in the compensation of the clerk of the superior court; and for other purposes.

SB 34. By Senator Stephens of the 36th: A Bill to be entitled an Act to authorize the Solicitor General to the

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Criminal Court of Pulton County to add two additional Assistant So licitors to his staff of four Assistant Solicitors and one First Assistant Solicitor; and for other purposes.

SB 82. 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 payment of pensions to County employees, so as to authorize the Board of Trustees to increase the amount of benefits payable to certain per sons; and for other purposes.

SB 85. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 26-1802, relating to theft by taking, so as to provide that a person who interchanges the label or price tag from one item to another item of merchandise com mits theft by taking; and for other purposes.

SB 88. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 26-2901, relating to carrying a concealed weapon, so as to provide that a firearm which fires only blank cartridges, cartridges containing only gunpowder and no bullet, and firearms commonly known as "pellet pistols", shall be in cluded in the meaning of "firearm" in said Section; and for other purposes.

SR 94. By Senator Dean of the 6th:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the selection of grand and traverse jurors; to provide that the General Assembly shall provide by law for the selection of experienced, intelligent and upright men and women to serve as grand and traverse jurors; and for other purposes.

SR 118. By Senator Reynolds of the 48th:
A Resolution creating a Sales Tax Study Committee; and for other purposes.

SB 131. By Senator Reynolds of the 48th:
A Bill to be entitled an Act to provide that State employees may be reimbursed by a State agency for transportation of household goods and incident expenses incurred during change of residence as a result of an action by the department requiring transfer from one part of the State to another; and for other purposes.

TUESDAY, MARCH 13, 1973

2793

SR 142. By Senator London of the 50th:
A Resolution urging the U. S. Department of Agriculture and the U. S. Department of Interior to halt clear cutting of timber in the North Georgia Mountains; and for other purposes.

SR 147. By Senators Bell of the 5th, Dean of the 6th and Hudgins of the 15th:
A Resolution proposing an amendment to the Constitution so as to pro vide that any compensation received for active service as a member of the armed forces of the U. S. for any month during any part of which such member was a POW or MIA in the Vietnam conflict shall not be subject to any Georgia State Income Tax; and for other purposes.

SB 175. By Senator Sutton of the 9th:
A Bill to be entitled an Act to amend Code Chapter 26-9, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to define the crime of criminal possession of a firearm; and for other purposes.

SB 189. By Senator Coverdell of the 40th:
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 by increasing the number of members thereof; and for other purposes.
SB 252. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend Code Section 59-201, relating to the qualifications of grand jurors, so as to provide that all elected public officers and officials shall not be eligible to serve as grand jurors; and for other purposes.

SB 299. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act to prohibit the distribu tion, sale or delivery of prescription eyeglasses or sunglasses unless said glasses are fitted with heat treated glass lenses, so as to require that companies shall deliver the product only to the person ordering the work performed; and for other purposes.

SB 296. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend Code Chapter 59-1, relating to the selection of grand and traverse jurors, so as to change the method, practices and procedures for the selection of grand and traverse jurors; and for other purposes.

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SB 326. By Senator Langford of the 51st:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to grant pardon and parole to aged or dis abled inmates; and for other purposes.

SB 328. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system certain county officers of all counties in this State having a certain population, so as to change the compensation provisions relative to employees in the sheriff's office; and for other purposes.

SB 338. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend Code Section 27-501, relating to charges for sureties on criminal bonds, so as to change the compensation of such sureties; and for other purposes.
SB 348. By Senator Hudgins of the 15th: A Bill to be entitled an Act to provide that the governing authority of each county in this State shall not require the reevaluation and appraisal of all of the property within their respective counties more often than one time every five years; and for other purposes.
SB 355. By Senator Johnson of the 38th: A Bill to be entitled an Act to provide for plea bargaining; and for other purposes.
SB 366. By Senator Tysinger of the 41st: A Bill to be entitled an Act to authorize and require all Departments, Agencies, Institutions, and Boards of the State to establish employee trust accounts for travel expense purposes for use in conjunction with travel expenses incurred in the conduct of official State business; and for other purposes.
SB 374. By Senator Kennedy of the 4th: A Bill to be entitled an Act to amend an Act providing a salary for the sheriff of Evans County in lieu of the fee system of compensation, so as to change the provisions relative to the sheriff's deputies; and for other purposes.
SB 377. By Senator Holloway of the 12th: A Bill to be entitled an Act to amend Code Chapter 91-1A of the Code

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2795

of Georgia, known as the "State Properties Control Code", so as to change the name of the Code codified as Code Chapter 91-1A of the Code of Georgia; and for other purposes.

SB 380. By Senator McDuffie of the 19th:
A Bill to be entitled an Act to amend Code Section 88-504.2 relating to admission to an emergency receiving facility, so as to change the pro cedures for taking persons who appear to be mentally ill into custody; and for other purposes.

SB 381. By Senator McDuffie of the 19th:
A Bill to be entitled an Act to amend Code Section 88-404.7 relating to admission to an emergency receiving facility, so as to change the pro cedures for taking persons who appear to be alcoholics or drug dependent individuals into custody; and for other purposes.

SB 385. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Firearms and Weapons Act", so as to make it unlawful for any person to wilfully alter or mutilate the serial number of any firearm; and for other purposes.

SB 387. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend Code Section 84-901, of the Code of Georgia of 1933, so as to define the terms of "doctors of medicine", "licensed doctors of medicine" and similar terms as meaning and in cluding only those persons who have graduated from a medical college and hold the degree of Doctor of Medicine; and for other purposes.

SB 388. By Senator Lester of the 23rd:
A Bill to be entitled an Act to fix the compensation of certain elected officials in certain counties; and for other purposes.

SB 50. By Senators Coverdell of the 40th, Garrard of the 37th and Ward of the 39th: A Bill to be entitled an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb; and for other purposes.
SB 282. By Senator Lester of the 23rd: 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

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justice of the peace and the office of constable in the City of Augusta, as amended, so as to revise, consolidate and clarify all the laws relating to the Municipal Court of Augusta; and for other purposes.

SB 398. By Senator Lester of the 23rd:
A Bill to be entitled an Act to carry into effect an amendment to the Constitution, as found in Georgia Laws 1956, pp. 453, et seq.; to pre scribe the powers and duties of said Board; to provide for the composi tion, tenure and compensation of said Board; to prescribe the manner of the selection of Chief Tax Appraiser; to require all persons in Richmond County, within and without the corporate limits of the City of Augusta required to make returns of taxable property to make a single return thereof by a specified time; and for other purposes.

SB 49. By Senators Coverdell of the 40th, Garrard of the 37th and Ward of the 39th:
A Bill to be entitled an Act to reorganize the Board of Education of the City of Atlanta; and for other purposes.

SB 408. By Senator Lester of the 23rd:
A Bill to be entitled an Act to provide additional compensation for certain counties whose compensation is fixed by the General Assembly; and for other purposes.

SR 85. By Senator Smalley of the 28th:
A Resolution proposing an amendment to the Constitution so as to provide that the debt incurred by any county, municipal corporation or political subdivision shall never exceed 9 per centum of the assessed value of all the taxable property therein; and for other purposes.

SR 153. By Senators Dean of the 6th and Gillis of the 20th:
A Resolution petitioning the Congress of the United States to preserve the capital gains treatment of timber; and for other purposes.

SB 321. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to provide for representation on the Board of Directors in proportion to the population of each county; and for other purposes.

TUESDAY, MARCH 13, 1973

2797

SB 358. By Senators Holloway of the 12th and Riley of the 1st:
A Bill to be entitled an Act to provide for the operation of the Georgia State Financing and Investment Commission created pursuant to an amendment to the Constitution ratified at the general election held on November 7, 1972; and for other purposes.

SB 378. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to provide that a driver who strikes another person causing injury or death to such person and who does not fulfill the requirements of this Act shall be guilty of a felony; and for other purposes.

SB 395. By Senators Wasden of the 2nd and Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Savannah Beach, Tybee Island, in the County of Chatham and State of Georgia, so as to change the corporate limits of said City; and for other purposes.

SB 409. By Senators Wasden of the 2nd, Riley of the 1st and Zipperer of the 3rd:
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; and for other purposes.

SB 54. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act entitled An Act to provide for the retirement of the Judges and Solicitor General of the Criminal Court of Fulton County, the judges of the Civil Court and the judge of the Juvenile Court, so as to remove certain restrictions and limitations upon payments and benefits applicable.

SR 78. By Senators Thompson of the 32nd, Warren of the 43rd, Ballard of the 45th and others:
A Resolution relative to non-resident students and non-resident tempo rary workers in Georgia; and for other purposes.

Mr. Floyd of the 5th District, Chairman of the Committee on Appropriation, submitted the following report:
Mr. Speaker:
Your Committee on Appropriation has had under consideration the following

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Resolution of the House and has instructed me to report same back to the House with the following recommendation:

HR 229. Do Pass.

Respectfully submitted, Floyd of the 5th, 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 following Bills of the Senate and has instructed me to report same back to the House with the following recommendations:

SB 301. Do Pass.

SB 339. Do Pass.

Respectfully submitted, Kreeger of the 31st, 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 Resolution of the House and has instructed me to report same back to the House with the following recommendation:

HR 336. Do Pass.

Respectfully submitted, Northcutt of the 68th, 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

TUESDAY, MARCH 13, 1973

2799

following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
SB 387. Do Pass. SB 299. Do Pass. HB 951. Do Pass. SB 229. Do Pass. SB 309. Do Pass.
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:
Mr. Committee on Human Relations 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 185. Do Pass. SB 332. Do Pass. SB 48. Do Pass. SB 135. Do Pass.
Respectfully submitted, Hamilton of the 93rd, 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 Senate and has instructed me to report same back to the House with the following recommendation:
SB 202. Do Pass. Respectfully submitted, Mullinax of the 65th, Chairman.

2800

JOURNAL OF THE HOUSE,

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 Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 213. Do Pass, by Substitute.
Respectfully submitted,
Dixon of the 126th,
Vice-Chairman.

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 86. Do Pass, as Amended. SB 91. Do Pass. SR 13. Do Pass. SB 178. Do Pass. SB 39. Do Pass. SB 251. Do Pass. SB 17. Do Pass. SB 334. Do Pass. SB 107. Do Pass, by Substitute. SB 370. Do Pass.
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, MARCH 13, 1973

2801

Bill and Resolution of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HR 197. Do Pass. SB 156. Do Pass, as Amended.
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 same back to the House with the following recommendation:

SB 66. Do Pass.

Respectfully submitted,

Buck of the 87th,

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 and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommenda tions :
SR 109. Do Pass. SB 230. Do Pass. SB 186. Do Pass. SB 209. Do Pass. SR 126. Do Pass. SR 119. Do Pass. HB 744. Do Pass. SR 64. Do Pass, as Amended.
Respectfully submitted, Colwell of the 4th, Chairman.

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JOURNAL OP THE HOUSE,

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 Bills of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 369. Do Pass, as Amended. SB 32. Do Pass. SB 311. Do Pass. SB 371. Do Pass. SB 338. Do Not Pass. SB 151. Do Pass. SB 308. Do Pass.
Respectfully submitted, Roach of the 8th, 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 and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

SR

112. Do Pass.

HR 183- 719. Do Pass.

HR 184- 719. Do Pass.

HB

481. Do Pass, by Substitute.

HB

676. Do Pass.

HB

912. Do Pass.

HB 1040. Do Pass, by Substitute.

HB 1044. Do Pass.

HB 1045. Do Pass.

HB 1166. Do Pass.

HB 1203. Do Pass.

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2803

HB 1206. Do Pass.

HB 1207. Do Pass.

HB 1208. Do Pass.

HB 1209. Do Pass.

HB 1210. Do Pass.

HB 1211. Do Pass.

HB 1212. Do Pass.

HB 1213. Do Pass.

HB 1214. Do Pass.

SB

63. Do Pass.

SB

171. Do Pass, by Substitute.

SB

270. Do Pass.

SB

322. Do Pass.

SB

323. Do Pass.

SB

324. Do Pass.

Respectfully submitted,

Levitas of the 50th,

Chairman.

By unanimous consent, all House Bills and Resolutions passed the House today were ordered immediately transmitted to the Senate.

By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 481. By Messrs. Alexander of the 39th and Hawes of the 43rd:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta and the several Acts amendatory thereof; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereof, particularly an Act approved February 20,

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1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2490) ; to repeal conflicting laws; and for other purposes.

BE AND IT IS HEREBY ENACTED BY THE GENERAL AS SEMBLY OF THE STATE OF GEORGIA that an Act entitled "An Act to establish a new Charter for the City of Atlanta", approved February 28, 1874, and the several Acts amendatory thereof, particularly an Act approved February 20, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2490), be further amended as follows:

Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enact ment of this law.

Section 2. The following new Title 12 is hereby adopted:
"TITLE 12.
Section 1. Short Title. This law shall be known, and may be cited, as the 'Atlanta Housing Finance and Development Authority Act'.
Section 2. Definitions. The following words and terms shall have the meaning indicated unless the context shall clearly indicate a different meaning:
(a) 'Authority' shall mean the 'Atlanta Housing Finance and Development Authority' created by Section 4 of this Act.
(b) 'Bonds' or 'Notes' shall mean the bonds or notes, respective ly, issued by the Authority, and such may be general obligations of the Authority.
(c) 'City' shall mean the City of Atlanta.
(d) 'Community Facilities' shall mean the land, buildings, im provements and equipment for such recreational, communal, edu cation, and commercial facilities as the Authority determines im prove the quality of the development as it relates to housing for persons and families of low or moderate income.
(e) 'Development Costs' shall mean the sum total of all costs incurred in the development of a housing development or housing unit, which are approved by the Authority as reasonable and

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2805

necessary, which costs shall include, but are not necessarily limited to, cost of land acquisition and any buildings thereon, including payments for options, deposits, or contracts to purchase properties on the proposed housing site or payments for the purchase of such properties; cost of site preparation, demolition and development; architectural, engineering, legal, accounting, and other fees paid or payable in connection with the planning, execution and financing of the housing development; cost of necessary studies, surveys, plans and permits; insurance, interest, financing, tax and assess ment costs and other operating and carrying costs during construstion; cost of construction, rehabilitation, reconstruction, fixtures, furnishings, equipment, machinery and apparatus related to the real property; cost of land improvements, including without limitation, landscaping and off-site improvements, whether or not such costs have been paid in cash or in a form other than cash, necessary expenses in connection with initial occupancy of the housing develop ment; a reasonable builder's and sponsor's profit and risk fee in addition to job overhead; an allowance established by the Authority for working capital and contingency reserves, and reserves for any anticipated operating deficits during the first two years of oc cupancy, and the cost of such other items, including tenant reloca tion, as the Authority shall determine to be reasonable and necessary for the development of the housing development.

(f) 'Federally-aided mortgage' shall mean below market interest rate mortgage insured or purchased or held by the Secretary of the Department of Housing and Urban development; or a market interest rate mortgage insured by the Secretary of Housing and Urban development and augmented by a program of rent supple ments; or a mortgage receiving interest reduction payments pro vided by the Secretary of Housing and Urban development; or a mortgage receiving special benefits under other federal laws designated specifically to develop low and moderate income housing and consistent with the provisions of this Act.

(g) 'Housing development' shall mean a development which contains a significant element of housing for persons or families of low or moderate income and related community facilities.

(h) 'Housing project' shall mean a specific work or improve ment either for rental or for subsequent sale to an individual purchaser undertaken by a qualified housing sponsor pursuant to or receiving benefits under this Act to provide dwelling accom modations, including the acquisition, construction or rehabilitation of lands, buildings and improvements, and such other community facilities as may be incidental or appurtenant thereto.

(i) 'Land Development' shall mean that component of housing development which includes land for making, installing, or con structing nonresidential housing improvements, including, without limitation, waterlines and water supply installations, sewer lines and sewage disposal installations, steam, gas and electric lines and installations, roads, streets, curbs, gutters, sidewalks, whether on or off the site, which the Authority deems necessary or desirable to prepare such land for safe and sanitary housing.

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JOURNAL OF THE HOUSE,

(j) 'Lending Institution' shall mean any (1) bank or trust company, (2) savings and loan association, (3) savings bank, (4) insurance company, or (5) mortgage banker or mortgage broker authorized to deal in mortgages insured by an agency of the United States Government. Said lending institution shall have its principal office and place of business in Georgia and shall be authorized to do business in Georgia.

(k) 'Limited-Dividend Entity' shall mean individual, joint venture, partnership, limited partnership, trust or corporation organized or existing under the laws of the State of Georgia or authorized to do business in this State and having articles of in corporation or comparable documents of organization or a written agreement with the Authority which, in addition to other require ments of law, provided:

(i) that if the limited-dividend entity receives any loan from the Authority as provided for in this Act, it shall be authorized to enter into an agreement with the Authority providing for regula tions with respect to rents, profits, dividends and disposition of property or franchises; and

(ii) that if the limited-dividend entity receives a loan, as pro vided for in this Act, the Chairman of the Authority, acting with the prior approval of the Authority, shall have the power, if he determines any such loan is in jeopardy of not being repaid, or that the proposed development for which such loan was made is in jeopardy of not being constructed, or the limited-dividend entity is otherwise in violation of rules and regulations promulgated by the Authority, to appoint to the board of directors or other com parable controlling body of such limited-profit entity a number of new directors or persons, which number shall be sufficient to constitute a voting majority of such board or controlling body, not withstanding any other provisions of the limited-dividend entity's articles of incorporation or other documents of organization, or of any other provisions of law.

(iii) A limited-dividend entity which receives loans from the Authority may not make distributions (other than from funds con tributed to it) in any one year with respect to a development financed by the Authority in excess of 6% of its equity in such de velopment, provided that the right of such distribution shall be cumulative, and provided further that upon dissolution of the limiteddividend entity, an amount equal to the entity's undistributed equity in such development, together with such portion of the entity's sur plus as shall not exceed limits fixed by the Authority, may be dis tributed. The equity in a development shall consist of the difference between the amount of the mortgage loan and the total cost of the development. The total cost of the development shall include construc tion or rehabilitation costs including job overhead and a builder's and sponsor's profit and risk fee, architectural, engineering, legal and accounting costs, organizational expenses, land value, interest and financing charges paid during construction, the cost of landscaping and off-site improvements whether or not such costs have been paid in cash or in a form other than cash. With respect to every develop-

TUESDAY, MARCH 13, 1973

2807

ment the Authority shall, pursuant to regulations adopted by it, establish the entity's at the time of making of the final mort gage advance and, for purposes of this paragraph, that figure shall remain constant during the life of the Authority's loan with respect to such development.

(1) 'Low income or moderate income persons or families' shall
mean persons and families who cannot afford to pay the amounts at which private enterprise, without federally-aided mortgages, State-aided mortgages, or loans from the Authority, is providing a substantial supply of decent, safe and sanitary housing and who fall within income limitations set by the Authority in its rules. Among low income or moderate income persons, preference shall be given to the elderly and those displaced by urban renewal, slum clearance or other governmental action.

(m) 'Mortgage' shall mean deed to secure debt covering a fee simple or leasehold estate which is accompanied by a promissory note, the holder of which is either the Authority or a lending institution where the debt is secured by real property located in Georgia and improved by a residential structure and the debt owed to the Au thority or a lending institution which is secured by a first lien on a fee simple or leasehold estate in real property located in Georgia and improved by a residential structure and which is accompanied by a promissory note held by a lending institution; and 'real proper ty' as used in this subsection shall include air rights which have been sold or leased separately from the underlying ground rights.

(n) 'Nonprofit housing corporation' shall mean a nonprofit corporation incorporated pursuant to the provisions of the Georgia Nonprofit Corporation Code and having articles of incorporation which, in addition to other requirements of law, provide:

(i) that the corporation has been organized to provide housing and related community facilities for persons of low and moderate income;

(ii) that all income and earnings of the corporation shall be used exclusively for corporation purposes and that no part of the net income of net earnings of the corporation shall inure to the benefit or profit of any private individual, firm, corporation, part nership, or association;

(iii) that the corporation is in no manner controlled or under the direction or acting in the substantial interest of private in dividuals, firms, corporations, partnerships, or associations seeking to derive profit or gain therefrom or seeking to eliminate or mini mize losses in any dealings or transactions therewith;

(iv) that if the corporation receives any loan or advance from the Authority as provided for in this Act, it shall be authorized to enter into an agreement with the Authority providing for regula tion with respect to rents, profits, dividends, and disposition of property or franchises;

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(v) that if the corporation receives a loan or advance, as pro vided for in this Act, the Chairman of the Authority, acing with the prior approval of the majority of the members of the Authority, shall have the power if he determines that any such loan or adavnce is in jeopardy or not being repaid, or that the proposed de velopment for which such loan or advance was made is in jeopardy of not being constructed, or that some part of the net income or net earnings of the corporation is inuring to the benefit of any private individual, firm, corporation, partnership, or association, or that the corporation is in some manner controlled or under the direction of or acting in the substantial interest of any private individual, firm, corporation, partnership, or association seeking to derive benefit or gain therefrom or seeking to eliminate or minimize losses in any dealings or transactions therewith, or is in violation of rules and regulations promulgated by the Authority to appoint to the board of directors of such corporation a number of new directors, which number shall be sufficient to constitute a ma jority of such board, notwithstanding any other provisions of such articles of incorporation or of any other provisions of law.

(o) 'Qualified housing sponsor' shall mean a nonprofit housing corporation, a limited-dividend entity as described in this Section, or any other entity, whether organized for profit or not, meeting criteria established by the Authority which has undertaken to pro vide housing which will be available for sale or rent to low income or moderate income persons or families.

(p) 'State-aided mortgage' shall mean a mortgage loan for housing for low or moderate income persons or families assisted under the provisions of the Georgia Development Authority for Housing Finance Act.

Section 3. Legislative Findings and Declaration of Public Ne cessity.

It is hereby found, determined and declared: (a) that there continues to exist in the City of Atlanta a seriously inadequate sup ply of and a critical need for safe and sanitary dwelling accommo dations within the financial means of families and persons of low or moderate income including but not limited to those families and persons displaced by clearings of slums or blighted areas or other public programs; that the aforesaid shortage of decent dwelling accommodations causes overcrowding and congestion inimical to the safety, health, convenience and welfare of the citizens of the State and otherwise exacerbates existing slum conditions which, in turn, contributes substantially and increasingly to the spread of disease and crime, impairs economic values, necessitates excessive and disproportionate expenditure of public funds for crime preven tion and punishment, public health and safety, fire and accident protection and other services, substantially impairs or arrests the sound growth of municipalities, aggravates traffic problems, pro motes juvenile delinquency and other social ills.

(b) that slum areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons and families of low or mod-

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erate incomes be relieved, through the ordinary operation of private enterprise, and that the construction or rehabilitation of housing for such persons would therefore not be competitive with private enter prise ;

(c) that in order to encourage the investment of private capital and to encourage private enterprise to build and rehabilitate such housing so as to improve the health, safety, convenience, and wel fare of the residents of the City of Atlanta, provision should be made for mortgage loans at low interest rates to housing sponsors, which, subject to regulation as to rents, profits, dividends and dis position of their property, supply and rehabilitate multiple dwelling accommodations, and other facilities incidental or apparent thereto, for such families and persons of low and moderate incomes. Ac cordingly, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience and welfare, to provide housing for such low or moderate income families and persons who could otherwise be unable to obtain adequate dwellings which they could afford and to acquire land for present or future development including such housing.

It is further found and declared that urban growth in the At lanta Metropolitan area is not taking place in the most efficient manner, and is thus a matter of public interest and concern. Many existing and planned industrial and commercial facilities are not easily accessible to the places of residence of substantial numbers of unemployed persons. The unaided efforts of private enterprise have not met and cannot meet the needs of providing residential dwellings in conjunction with or easily accessible to such industrial and commercial facilities due to problems encountered in assembling suitable building sites, the lack of adequate public services, the un availability of private capital for development in such areas, and the inability of private enterprise alone to plan, finance and co ordinate industrial and commercial development with residential development for persons and families of low and moderate income and with public services and mass transportation facilities. Ac cordingly, it is determined that it is a valid public purpose to ac quire and develop land to promote orderly urban growth by facili tating housing and related community facilities.

It is further found and declared that the creation of the Au thority and carrying out of its corporate purposes is in all respects for the benefit of the people of the City of Atlanta and is a public purpose within the Constitution of the State of Georgia in that the development and stimulation of trade and commerce in the housingindustry is vital to the public welfare, creates employment oppor tunities, and lessens unemployment and underemployment both in the home construction and real estate industry, and that an ade quate supply of money with which to finance safe and sanitary dwelling accommodations is necessary for the welfare of the people of Atlanta.
Section 4. Creation and Organization. There is hereby created a body corporate and politic to be known as the Atlanta Housing

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Finance and Development Authority, which shall be deemed an in strumentality of the City of Atlanta.

Section 5. Members of the Authority. The Authority shall be composed of seven (7) members as follows: the Mayor, the Director of Finance, the Director of Planning, and four public members to be appointed by the Mayor. Of the public members so appointed, there shall be represented an Alderman of the City of Atlanta, a mortgage banker, an architect, and a lawyer. Two (2) of such pub lic members shall be appointed for an initial term of two (2) years, and two (2) of such public members shall be appointed for initial terms of four (4) years. Their successors shall serve for four-year terms. Such public members shall continue in office until their suc cessors have been appointed and qualified in the event of a va cancy in the office of such public member by death, resignation or otherwise, the Mayor shall appoint a successor to serve for the balance of the unexpired term. From the four (4) public members appointed by him, the Mayor shall designate the Chairman of the Authority, who shall be Chief Executive Officer of the Authority. The members of the Authority may appoint an Executive Officer, who shall become an ex officio member of the Authority and who shall be termed 'Executive Director'; and the members shall em ploy such technical and other personnel as may be necessary to the performance of its powers and duties. A majority of the members then in office shall constitute a quorum for the transaction of any business and of the exercise of any power or function of the Au thority, except for the issuance of debt which shall be by majority vote of the permanent members. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Except for the issuance of debt which is the exclusive responsibility of the permanent members, the Authority may delegate to one or more of its members, the Executive Director, agent or agents, or employees such power and duties as it may deem proper. The public members of the Authority shall be compensated in the amount of $50 per day, plus actual ex penses incurred, for each day's service spent in the performance of the duties of the Authority; provided, however, such compensation shall be limited to 100 days for the Chairman and 30 days for each of the other public members of the Authority during any one fiscal year. The permanent members shall be compensated only for actual expenses.

The Authority shall make necessary rules and regulations for its own government.

The Authority and its corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect so long as the Authority shall have bonds or other obliga tions outstanding, unless adequate provision has been made for the payment thereof. Upon termination of the existence of the Authority, all its rights and properties shall pass to and be vested in the City of Atlanta.

Section 6. Powers of the Authority. Except as otherwise limited by this Act, the Authority shall have power:

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(a) to sue and be sued;

(b) to have a seal and alter the same at pleasure;

(c) to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this Act;

(d) to make and alter bylaws for its organization and internal management;

(e) to acquire, hold and dispose of real and personal property for its corporate purposes;

(f) to appoint officers, agents and employees, prescribe their duties and qualifications and fix their compensation;

(g) to borrow money and to issue notes, bonds and other obli gations and to provide for the rights of the lenders or holders there of;

(h) to make loans, the repayment of which are secured by mort gages or security interests, to participate in the making of secured loans, to undertake commitments to make secured loans, to sell mortgages and security interests at public or private sale, to modify or alter mortgages and security interests, to foreclose on any such mortgage or security interest or commence any action to protect or enforce any right conferred upon it by any law, mortgage, se curity agreement, contract or other agreement, and to bid for and purchase property which was the subject of such mortgage or se curity interest, at any foreclosure or at any other sale, to acquire or take possession of any such property; and in such event the Author ity may complete, administer, pay the principal and interest on any obligations incurred in connection with such property, dispose of, and otherwise deal with, such property in such manner as may be necessary or desirable to protect the interests of the Authority therein;

(i) to set standards for housing projects which receive loans under this Act and to provide for inspections to determine com pliance with such standards;
(j) to collect fees and charges in connection with its loans, commitments and servicing including but not limited to reimburse ment of costs of financing by the Authority shall determine to be reasonable and as shall be approved by the Authority; to make and execute contracts for the servicing of mortgages made or acquired by the Authority pursuant to this Act, and to pay the reasonable value of services rendered to the Authority pursuant to those con tracts;
(k) to encourage community organizations to assist in initiating housing projects for low income or moderate income persons as pro vided in this Act;

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(1) to encourage research in, and demonstration projects to
develop new and better techniques and methods for increasing the supply of housing for low income or moderate income persons;

(m) to accept gifts or grants or loans or other aid from the federal government or the State or any persons or corporations, and to agree and comply with any conditions attached to federal and State financial assistance;

(n) to acquire or contract to acquire from any person, firm, corporation, municipality, federal or State agency, by grant, pur chase or otherwise, leaseholds, real or personal property or any interest therein; to own, hold, clear, improve and rehabilitate and to sell, assign, exchange, transfer, convey, lease, mortgage or other wise dispose of or encumber the same. Nothing in this Act shall be deemed to impede the operation and effect of local zoning, building and housing ordinances or ordinances relating to subdivision con trol, land development, fire prevention or other ordinances having to do with housing or the development thereof;

(o) to procure insurance against any loss in connection with its property and other assets;

(p) to invest any funds held in reserve or sinking funds or any moneys not required for immediate use or disbursement at the discretion of the Authority in obligations of the State or the United States or obligations, the principal and interest of which are guar anteed by the State or the United States;

(q) to make rules necessary to carry out the purposes of this Act;

(r) to enter into agreements with qualified housing sponsors providing for regulation by the Authority of the planning, develop ment and management of any housing project undertaken by non profit housing corporations, consumer housing cooperatives and limited-dividend housing entities and the disposition of the property and franchises of such corporations, cooperatives and entitites;

(s) to do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this Act;

(t) the Authority shall not be empowered to exercise the right of eminent domain.

Section 7. Purposes. The Authority shall exist for the purpose of making loans to qualified housing sponsors for the construction and rehabilitation of housing and related community facilities for low and moderate income persons and families, and acquiring, as sembling, and developing land to facilitate the development of such housing.

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Section 8. Loans.

(a) The Authority may make loans to qualified housing spon sors or public bodies or agencies for the construction or rehabilita tion of such housing developments as in the judgment of the Au thority have promise of supplying on a rental, cooperative, or home ownership basis, well designed housing for low or moderate income persons or families. Such loans may be for development costs and construction financing as well as permanent financing. No such loans shall be made unless the Authority finds that the construction or rehabilitation will be undertaken in an economical manner and that it will not be of elaborate design or materials. A loan under this subsection may be in an amount not to exceed 100 percent of the project cost as approved by the Authority in the case of a nonprofit housing corporation, consumer housing cooperative or public body or instrumentality and in an amount not to exceed 90 percent of the project cost as approved by the Authority in the case of any other qualified housing sponsor.

(b) The Authority may make loans to qualified housing spon sors for the construction or rehabilitation of housing units for sale to individual purchasers of low or moderate income as provided by the Authority in its rules and regulations and to any such individual purchaser for the long-term financing of a housing unit. A loan under this Section may be in an amount not to exceed 100 percent of the project cost as approved by the Authority in the case of a nonprofit housing corporation or individual purchaser and in an amount not to exceed 90 percent of the project cost as approved by the Authority in the case of any other qualified housing sponsor.

(i) While such loan is outstanding, any sale by the qualified housing sponsor or any subsequent resale shall be subject to ap proval by the Authority and the Authority shall provide in its rules and regulations concerning such sales and resales that the price of the housing unit sold, the method of making payments thereafter, the security afforded and the interest rate, fees and charges to be paid shall at all times be sufficient to permit the Authority to make payments on its bonds and notes plus any administrative or other costs of the Authority in connection with the transactions. Housing units shall be sold under terms that provide for monthly payments including principal, interest, taxes and insurance.

(ii) While such loan is outstanding, the Authority shall, prior to approval of sale by the qualified housing sponsor or any subse quent resale, satisfy itself that such sale or resale is to persons of low or moderate income.

(iii) Upon the sale by the qualified housing sponsor of any housing unit to an individual purchaser of low or moderate income under this subsection to whom a loan is being made by the Au thority, such housing unit shall be released from the mortgage running from the qualified housing sponsor to the Authority of such mortgage shall be replaced as to the housing unit by a mortgage running from the individual purchaser to the Authority.

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(c) A loan shall be secured in such manner and be repaid in such period, not exceeding 50 years, as may be determined by the Authority; and shall bear interest at a rate determined by the Authority.

(d) Among low income or moderate income persons, preference shall be given to the elderly and those displaced by urban renewal slum clearance or other governmental action.

(e) For purposes of carrying out the provisions of this Sec tion, the Authority shall establish criteria and procedures for de termining the eligibility of occupants and rental or carrying charges, including criteria and procedures with respect to periodic review of occupant incomes and periodic adjustment of rental or carrying charges.

(f) In order to encourage developments under this Section which are not economically homogeneous and to achieve rent charges which will make units available to persons and families of low in come at low rentals, the Authority and a qualified housing sponsor may use devices including, but not limited to: direct rental as sistance in the form of partial rent subsidy from the City, County, State or Federal government; allocation of lower rents to less de sirable locations and apartments with less expensive facilities; and the raising of rents in the majority of apartments in the develop ment in order to lower the rents of those in the lower rent charge category. With respect to each development the Authority shall, prior to initial occupancy, allocate and prescribe the number of lower rental units and the rents to be charged therefor. The alloca tion may be reviewed and adjusted from time to time. The method of achieving lower rental charges shall, in each instance, be pre scribed by the Authority.

Section 9. Housing Development Fund, (a) There is hereby created and established under the jurisdiction and control of the Authority a revolving fund to be known as the 'housing develop ment fund.'

(b) There shall be paid into such housing development fund (i) any moneys appropriated and made available by the State or City for the purposes of such fund; (ii) any moneys which the Authority receives in repayment of advances made from the fund, and (iii) any other moneys which may be made available to the Authority for the purpose of the fund from any other source or sources.

(c) The Authority may use the moneys held in the fund to make loans at such interest rate or rates as determined by the Au thority, in accordance with the provisions of this Act to nonprofit housing corporations for development costs of proposed housing projects. No advances may be made unless the Authority may rea sonably anticipate that a federally-aided, State-aided, or Authorityaided mortgage may be obtained by the nonprofit housing corpora tion for the permanent financing of a housing project for low or moderate income persons and families.

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(d) The proceeds of the advance may be used only to defray the development costs of the housing project. Each advance shall be repaid in full by the nonprofit housing corporation to the Authority concurrent with receipt of the portion of the mortgage loan paid under the initial indorsement of the federally-aided, State-aided, or Authority-aided mortgage or construction loan, unless the Authority extends the period for the repayment of the advances. In no event shall the time of repayment be extended later than the date of receipt of the portion of the mortgage loan paid on final indorsement of the federally-aided, State-aided or Authority-aided mortgage or con struction loan.

(e) Any moneys held in the fund not required for immediate disbursement may be invested, at the discretion of the Authority, in obligations of the State, City or the United States government or obligations the principal and interest of which are guaranteed by the State, City, or United States government. Any income or in terest earned by, or increment to, such fund may be added to the moneys in such fund for the purposes provided in this Section.

Section 10. Land acquisition and development fund, (a) There is hereby created and established under the jurisdiction and control of the Authority a revolving fund to be known as the 'land acquisi tion and development fund.'

(b) There shall be paid into the land acquisition and develop ment fund (i) any moneys appropriated and made available by the State or City for the purposes of this fund; (ii) any moneys which the Authority receives from the sale or rental of land originally purchased by the Authority with moneys from this fund; and (iii) any other moneys which may be made available to the Authority for the purpose of this fund from any other source or
sources.

(c) The Authority may use the moneys held in the land ac quisition fund to purchase or contract to purchase from any person, firm, corporation, municipality or Federal or State agency, real property, and improvements or any interest therein which the Authority determines may be suitable for future planning of a hous ing development. The Authority may purchase such real property or any interest therein on land contract option or other form of de ferred payment agreement, or subject to mortgages or other en cumbrances, if the Authority reserves moneys in this fund or au thorization to issue notes and bonds, the aggregate amount of which equals the unpaid principal balance on such land contracts, options, mortgages or other encumbrances or deferred payment agreements.

(d) The Authority may use the moneys held in the land ac quisition and development fund to pay property taxes, insurance premiums, interest and other carrying charges on real property purchased or being purchased by the Authority with moneys from this fund. During the period when any such real property is owned or is being purchased by the Authority, the Authority shall pay all property taxes levied against real property purchased or being purchased or by the Authority with moneys from the fund, by all

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taxing jurisdictions in which such real property is located; provided, however, that the assessed valuation of such property owned or being purchased by the Authority shall not be increased by any taxing jurisdiction after the date the Authority purchases or con tracts to purchase such property, except to reflect the City equaliza tion valuation process. The Authority is further authorized to use the moneys held in the land acquisition and development fund to pay the costs of the planning of the development of real property purchased or to be purchased by the Authority with moneys from this fund including, but not limited to, the costs of economic feasi bility studies, land use studies, site development planning, architec tural and engineering design, market analysis and all related analyses, studies and planning services.
(e) Such real property or any portion thereof may be sold by the Authority to a qualified sponsor or municipality or public agency for the purpose of construction of housing for persons of low or moderate income at such price and on such terms and con ditions as shall be determined by the Authority. Portions of such real property may be sold by the Authority to any individual, firm, partnership or corporation at such price, equal to or greater than the lesser of the fair market value of such property at the time of such sale or the price paid by the Authority for the purchase of such real property, the Authority is authorized to enter into any agree ments for the development and improvement of such real property, including agreements whereunder the Authority shall participate in such development, improvement and financing and may retain control over any or all aspects of such development including, but not limited to, land use planning, site development, construction, archi tectural and engineering design, marketing, management, occupancy, operation and all factors related to the foregoing.

Section 11. Revenue Bonds, (a) The Authority shall have power and is hereby authorized at one time or from time to time to
issue its negotiable revenue bonds in such principal amounts as, in the opinion of the Authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including the making of mortgage loans for the construction of housing for low income and moderate income persons or families; for the rehabilita tion of existing structures for such persons and families; and for the construction of community facilities appurtenant thereto as pro vided in this Act; the payment of interest on bonds of the Au thority, establishment of reserves to secure such bonds, and all other expenditures of the Authority incident to and necessary or con venient to carry out its corporate purposes and powers.

(b) The bonds of each issue shall be dated, shall bear in terest at such rate or rates as shall be set by the Authority, payable semi-annually, shall mature at such time or times as the Authority may determine at the time of issue, 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 resolu
tion providing for the issuance of bonds. The bonds may be issued as serial bonds payable in annual installments or as term bonds

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with mandatory sinking fund provisions or as a combination thereof.

(c) The Authority shall determine the form of the bonds, including 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 principal and interest thereof, which may be at any bank or trust company within or without the State.

(d) All such bonds shall be signed by the Chairman of the Au thority and the official seal of the Authority shall be affixed thereto and attested by an authorized officer of the Authority and any coupons attached thereto shall bear the facsimile signature of the Chairman of the Authority. Any coupon may bear the fac simile signature of such person 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 bond shall be duly au thorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons ceases to be such officer before the delivery of such bonds, such sig nature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.

(e) All notes, bonds, interim receipts, interim certificates, temporary bonds, and other obligations issued under the provisions of this Act shall have and are hereby declared to have all the quali ties and incidents of negotiable instruments under the negotiable instruments laws of the State including the Uniform Commercial Code.

(f) The bonds may be issued in coupon or in 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. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority.

(g) The proceeds of such bonds shall be disbursed upon requisi tion or order of the Chairman of the Authority under such restric tions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provided.

If the proceeds of the bonds of any issues shall exceed the amount required for the purpose for which such bonds are issued, the surplus may be paid into the fund hereinafter provided for the payment of principal and interest of such bonds.

(h) Prior to the preparation of definitive bonds the Board may issue interim receipts, interim certificates, or temporary bonds ex changeable for definitive bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds

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may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act.

(i) The Authority is hereby authorized to provide by resolution for the issue of refunding bonds of the Authority for the purpose of refunding bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such 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.

(j) Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its adoption by a majority vote of the members of the Au thority enumerated in this Act, and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.

(k) Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustees 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 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 requiring the Authority to collect fees and charges and interest and amortization payments on mortgage loans made by it adequate to carry out any agreement as to, or pledge of, such fees and charges and interest and amortization payments on such mortgages, and other properties and to require the Authority to carry out any other agreements with the holders of such notes or bonds and to perform its duties under
this Act.

(1) Bonds of the Authority shall be confirmed and validated insofar as applicable, under the procedures set forth in the Revenue Bond Law.

(m) While any of the bonds issued by the Authority remaining outstanding, the powers, duties or existence of said Authority or of its officers, employees, or agents shall not be diminished or im paired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself com pete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall con stitute a contract with the holders of such bonds.

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(n) The bonds are hereby made securities in which all public officers and bodies of this State and all municipalities and all mu nicipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, invest ment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fi duciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized.
Section 12. Same; Credit of City not pledged for payment. Bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Atlanta or a pledge of the faith or credit of the City, but such bonds shall be payable solely from the fund hereinafter provided therefor from earnings, and the issu ance of such revenue bonds shall not directly or indirectly or con tingently obligate the City to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment.

Section 13. Moneys received by the Authority to be deemed trust funds. All moneys received pursuant to the Authority of this Act, whether as proceeds from the sale of revenue bonds, or other obligations as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided herein. 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 and the earnings and revenues to be received to any officer, 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 this Act and such resolution or trust indenture may provide.

Section 14. Capital Reserve Funds.
(a) The Authority shall create and establish a special fund to secure the bonds issued under this Act to be known as the 'capital reserve fund', and pay into such capital reserve fund:

(i) any moneys appropriated and made available by the City for the purpose of such fund;

(ii) any proceeds of sales of bonds to the extent provided in the resolution of the Authority authorizing the issuance thereof;

(iii) any moneys transferred into such fund by the Authority from any other fund authorized by this Act, in such amounts and at

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such times as the Authority deems necessary for the purpose of this fund; and

(iv) any other income or moneys made available to the Au thority for the purpose of such fund from any other source or sources.

All moneys held in the capital reserve fund, except as herein after provided, shall be used solely for the payment of the principal of bonds of the Authority as the same mature, the purchase of bonds of the Authority, the payment of interest on such bonds of the Authority or the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity. Moneys in the capital reserve fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of the fund to less than the maximum amount of principal and interest maturing and becoming due in any succeeding calendar year on all bonds of the Authority then outstanding, except for the purpose of paying principal of and interest on bonds of the Authority maturing and becoming due and for the payment of which other moneys of the Authority are not available. For purposes of this Section, the cal culation of the maximum amount of principal and interest maturing and becoming due in any succeeding calendar year shall exclude principal for which mandatory sinking fund payments are specified in any resolution of the Authority authorizing the issuance of term bonds with sinking fund provisions, and any such mandatory sinking fund payment shall be regarded as principal maturing in the year in which payable. Any income or interest earned by, or incre ment to, the capital reserve fund due to the investment thereof may be transferred by the Authority to the extent it does not reduce the amount of capital reserve fund below the maximum amount of prin cipal and interest maturing and becoming due in any succeeding calendar year on all bonds of the Authority then outstanding.

(b) The Authority shall not issue bonds at any time if the maximum amount of principal and interest maturing and becoming due in a succeeding calendar year on bonds then to be issued and on all other bonds of the Authority then outstanding will exceed the amount of the capital reserve fund at the time of issuance unless the Authority, at the time of issuance of such bonds, shall deposit in the fund from the proceeds of the bonds so to be issued, or other wise, an amount which, together with the amount then in the fund, will be not less than the maximum amount of principal and interest maturing and becoming due in any succeeding calendar year on the bonds then to be issued and on all other bonds of the Authority then outstanding.

(c) To assure the continued operation and solvency of the Au thority for the carrying out of the public purposes of this Act, pro vision is made for the accumulation in the capital reserve fund of an amount equal to the maximum amount of principal and interest maturing and becoming due in any succeeding calendar year on all bonds of the Authority then outstanding. In order further to as sure such maintenance of the capital reserve fund, there may be annually apportioned and paid to the Authority for deposit in the

TUESDAY, MARCH 13, 1973

2821

capital reserve fund such sum, if any, as shall be certified by the Chairman of the Authority to the Mayor and Budget Director of the City of Atlanta as necessary to restore the capital reserve fund to an amount equal to the maximum amount of principal and interest maturing and becoming due in any succeeding calendar year on the bonds of the Authority then outstanding. The Chairman of the Au thority if necessary, on or before December 1, shall make and deliver to the Mayor and Budget Director his certificate stating the amount required to restore the capital reserve fund to the maximum amount of principal and interest maturing and becoming due in any succeed ing calendar year on all bonds of the Authority then outstanding. The City Fiscal Officer shall include in the annual budget the amount so certified by the Chairman of the Authority. The amount so stated may be appropriated and paid to the Authority during the next fiscal year, it being expressly understood that the City of At lanta shall be under no obligation to so appropriate and pay any such amount.

(d) In computing the amount of the capital reserve fund for the purposes of this Section, securities in which all or a portion of the fund is invested shall be valued at par, or if purchased at less than par, at their cost to the Authority.

(e) The Authority may pledge for the payment of a specific issue of bonds or notes issued or to be issued a specific portion of
the capital reserve fund in which event the moneys in the capital reserve fund so pledged shall be used only for the issue of bonds and notes and the provisions of subsection (b) shall not apply to or limit the right of the Authority to issue such bonds or notes where a pledge of a specific sum or portion of the capital reserve fund is made in accordance with this specific paragraph.

Section 15. General reserve fund. The Authority shall create and establish a special fund, to be known as general reserve fund, and shall pay into such fund all fees and charges collected by the Authority and any moneys which the Authority shall transfer from the capital reserve fund. Such moneys and any other moneys paid into the general reserve fund, in the discretion of the Authority but subject to agreements with bondholders and noteholders, may be used by the Authority (a) for the repayment of advances from the State in accordance with the provisions of repayment agreements between the Authority and the director of the budget, (b) to pay all costs, expenses and charges of financing, including fees and ex penses of trustees and paying agents, (c) for transfers to the capital reserve fund, (d) for the payment of the principal of and interest on bonds or notes issued by the Authority when the same shall be come due whether at maturity or on call for redemption and for the payment of any redemption premium required to be paid where such bonds or notes are redeemed prior to their stated maturities, and to purchase bonds or notes, or (e) for such other corporate purposes of the Authority as the Authority in its discretion shall determine and provide.

Section 16. Tax exemptions. As the Authority will be per forming essential government functions in the exercise of the powers

2822

JOURNAL OF THE HOUSE,

conferred upon it by this Act, this city covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its ac tivities in the operation or maintenance of any facilities maintained or acquired by it or any fees, rentals or other charges for the use of such facilities or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. 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.

Section 17. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or ad judged 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 unconstitutional was not originally a part here of. It is hereby declared that the remaining parts of this Act would have been passed if it had been known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 18. All laws and parts of laws in conflict with this Act are hereby repealed."

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

On the passage of the Bill, by substitute, the ayes were 111, nays 0.

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

HB 1040. By Messrs. Rainey, Dorminy and Hudson of the 115th: A Bill to be entitled an Act to amend an Act changing the mode of compensating the clerk of the superior court, sheriff, ordinary, and tax commissioner of Crisp County from the fee system to an annual salary, as amended, so as to change the provisions relative to the compensation of said officers; and for other purposes.
The following Committee substitute was read and adopted:
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 com-

TUESDAY, MARCH 13, 1973

2823

missioner of Crisp County from the fee system to an annual salary, ap proved February 28, 1966 (Ga. Laws 1966, p. 2428), as amended, by an Act approved April 15, 1969 (Ga. Laws 1969, p. 2702) so as to change the provisions re'ative to the compensation of the clerk, sheriff, and ordinary; to change the provisions re'ative to the deputies, clerks and other assistants for said officers; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act changing the mode of compensating the clerk of the superior court, sheriff, ordinary, and tax commissioner of Crisp County from the fee system to an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2428), as amended, by an Act approved April 15, 1969, (Ga. Laws 1969, p. 2702) is hereby amended by striking Sec tion 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:

"Section 2. (a) The clerk of the superior court shall receive an annual salary of not less than $10,000.00 nor more than $12,000.00. The salary provided for herein shall be fixed by the governing au thority of Crisp County within the limitations provided herein.

(b) Said clerk shall be authorized to employ a deputy clerk at an annual salary of not less than $6,000.00, said salary to be fixed by the governing authority of Crisp County.
(c) Said clerk shall also be authorized to employ a clerk-typist at an annual salary of not less than $4,800.00, said salary to be fixed by the governing authority of Crisp County.
(d) The salaries provided for by this Section shall be paid in equal monthly installments from the funds of Crisp County."
Section 2. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:

"Section 3. (a) The sheriff shall receive an annual salary of not less than the amount prescribed by general law nor more than $12,000.00. The salary provided for herein shall be fixed by the gov erning authority of Crisp County within the limitations provided herein.
(b) Said sheriff shall be authorized to employ a chief deptuy at an annual salary of not less than $6,900.00, said salary to be fixed by the governing authority of Crisp County.
(c) The governing authority of Crisp County shall be autho rized to provide additional assistants for the sheriff as follows:
(1) One deputy at an annual salary of not less than $6,600.00.

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(2) One deputy at an annual salary of not less than $6,300.00.

(3) One secretary at an annual salary of not less than $4,800.00.

(4) One jailer at an annual salary of not less than $4,500.00.

(d) The salaries of the sheriff's assistants provided for by subsection (c) hereof shall be fixed by the governing authority of Crisp County.

(e) In addition to the foregoing, the sheriff shall also receive $100.00 per month for feeding county prisoners in his custody who have been furnished food, and he shall make such arrangements with the county warden as may be agreed upon between them for food to be supplied from the county works camp, but the sheriff or one of his deputies or the jailer shall pick up the food at the county works camp and return the utensils thereto after the prisoners have been fed. The funds for the payment of the food for prisoners as herein provided shall be payable from the funds of Crisp County.

(f) The salaries provided for by this Section shall be paid in equal monthly installments from the funds of Crisp County."

Section 3. Said Act is further amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows:

"Section 6. (a) The ordinary shall receive an annual salary of not less than $10,000.00 nor more than $12,000.00. The salary pro vided for herein shall be fixed by the governing authority of Crisp County within the limitations provided herein.

(b) Said ordinary shall be authorized to employ a chief clerk at an annual salary of not less than $6,000.00 and a deputy clerk or typist at an annual salary of not less than $4,800.00. The salaries provided for herein shall be fixed by the governing authority of Crisp County.

(c) The salaries provided for by this Section shall be paid in equal monthly installments from the funds of Crisp County."

Section 4. Said Act is further amended by striking from Section 7 the following:

"He shall be authorized to hire one clerk at a salary of not less than three hundred ($300.00) dollars per month, nor more than four hundred ($400.00) dollars per month, the same to be fixed by the governing authority of said county at the beginning of each fiscal year.",

and by designating the remainder of Section 7 as subsection (a) thereof and by adding at the end thereof two new subsections to be designated subsections (b) and (c) and to read as follows:

TUESDAY, MARCH 13, 1973

2825

"(b) Said tax commissioner shall be authorized to employ one clerk at an annual salary of not less than $6,000.00, said salary to be fixed by the governing authority of Crisp County.

(c) The salaries provided for by this Section shall be paid in equal monthly installments from the funds of Crisp 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, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 577. By Messrs. Alexander of the 39th, Larsen of the 27th, Egan of the 25th 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 Atlanta who is 62 years old or older and who has an income not exceeding $6,000 shall be grafted an exemption from all ad valorem taxation for educa tional purposes; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 676. By Messrs. Hill of the 41st, Greer of the 43rd, Smith of the 42nd and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, and the several Acts amednatory thereof, so as to provide for qualifications for candidates for Mayor and Councilmen; and for other purposes.

2826

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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 111, nays 0.

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

HB 912. By Messrs. Irvin of the 23rd, Horton, Greer and Hawes of the 43rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, as amended, so as to change the salaries of the elected officials 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 111, nays 0.

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

HB 1044. By Messrs. Mason of the 59th and Dean of the 60th:
A Bill to be entitled an Act to amend an Act placing certain designated officers of Gwinnett County on a salary basis, as amended, so as to change the provisions relative to the compensation of such 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 111, nays 0.

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

HB 1045. By Messrs. Mason of the 59th and Dean of the 60th:
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, as amended, so as to change the provisions relative to the compensation of the tax commissioner; and for other purposes.

TUESDAY, MARCH 13, 1973

2827

The report 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 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.
The report 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 1203. By Mr. Carrell of the 71st: A Bill to be entitled an Act to provide the date for the regular monthly meeting of the board of 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 111, nays 0.

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

HB 1206. By Messrs. Atherton of the 19th, Nix of the 20th, Howard of the 19th, McDaniell and Duke of the 20th and Kreeger of the 21st:
A Bill to be entitled an Act to create the Taxation Study Committee of Cobb County; and for other purposes.

2828

JOURNAL OP THE HOUSE,

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

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1207. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of East Dublin in the County of Laurens, as amended, so as to change the provisions relative to the terms of office and the election of the mayor and councilmen; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1208. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, as amended, so as to change the corporate limits of said City; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1209. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Laurens County upon an annual salary, as amended, so as to change the compensation of the sheriff; and for the other purposes.

TUESDAY, MARCH 13, 1973

2829

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

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1210. By Messrs. Larsen, Coleman and Jessup of the 102nd: A Bill to be entitled an Act to amend an Act placing the Ordinary of Laurens County on an annual salary in lieu of fees, 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1211. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner, as amended, so as to change the compensation of the tax commissioner; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1212. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to amend an Act placing the clerk of the Superior Court of Laurens County upon an annual sa'ary, as amended, so as to change the compensation of the clerk thereof; 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 111, nays 0.

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

HB 1213. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to amend an Act creating the State Court of Laurens County, so as to change the provisions relative to the compensation of the judge and solicitor; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 63. By Senator Duncan of the 30th:
A Bill to amend an Act establishing a State Court of Carroll County, as amended, so as to change the compensation of the solicitor of said Court; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 270. By Senator Broun of the 46th:
A Bill to amend an Act reincorporating the Town of Watkinsville, as amended, so as to provide that the mayor shall be elected by a majority vote; and for other purposes.

TUESDAY, MARCH 13, 1973

2831

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 322. By Senator Summers of the 53rd:
A Bill to amend an Act creating the office of commissioner of roads and revenues, for Dade County, as amended, so as to change the com pensation 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 111, nays 0.

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

SB 323. By Senator Summers of the 53rd:
A Bill to amend an Act placing the sheriff of Dade County on an an nual salary, as amended, so as to change the compensation of the sheriff; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 324. By Senator Summers of the 53rd:
A Bill to amend an Act placing the ordinary of Dade County on a salary basis, as amended, so as to change the compensation of the ordinary; and for other purposes.

2832

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 111, nays 0.

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

HB 1214. By Messrs. Larsen, Coleman and Jessup of the 102nd: A Bill to amend an Act creating the office of treasurer of Laurens County, as amended, so as to change the compensation of the treasurer; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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; and for other purposes.

The following Committee substitute was read and adopted:
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 missioners of Chatham County and ex officio Judges thereof, approved March 27, 1972 (Ga. Laws 1972, p. 3019) so as to change the provisions relative to the composition of the Mayor and Council; to change the provisions relative to council districts; to provide certain requirements and rights relative to certain incorporated municipalities; to change the provisions relative to the amendment of the charter; to change certain dates; 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:

TUESDAY, MARCH 13, 1973

2833

Section 1. An Act unifying the governmental and corporate func tions of the Mayor and Aldermen of the City of Savannah with the governmental and corporate functions of the Commissioners of Chatham County and ex officio judges thereof, approved March 27, 1972 (Ga. Laws 1972, p. 3019), is hereby amended by striking Section 1-100 of Article I in its entirety and substituting in lieu thereof a new Section 1-100 to read as follows:

"Section 1-100. Composition and Election. The Mayor and Council shall be composed of the Mayor and eight Councilmen. The Mayor shall be elected at large and the eight Councilmen shall be elected from districts as provided in Article IV of this Charter."

Section 2. Said Act is further amended by striking from subsec tion (c) of Section 1-201 of Article I the following:

"when a vote is required;",

and inserting in lieu thereof the following:

"in case of a tie;",

so that when so amended said subsection (c) shall read as follows:

"(c) To preside at meetings of the Mayor and Council, to have a voice in its proceedings, and to vote on all matters considered by the Mayor and Council in case of a tie;".

Section 3. Said Act is further amended by striking, in its entirety, the last paragraph of Section 2-605 of Article II, which reads as follows:

"Provided, however, that the words 'Savannah-Chatham County' shall be substituted in the names of said agencies for the words 'Chatham County', 'Savannah' or 'Chatham-Savannah' ".,

and by adding at the end of said Section immediately following sub section (i) the following1 :

"(j) Savannah-Chatham County Historic Site and Monument Commission".

Section 4. Said Act is further amended by striking Section 4-300 of Article IV in its entirety and substituting in lieu thereof a new Section 4-300 to read as follows:

"Section 4-300. Establishment of Districts. For the purpose of electing the eight District Councilmen, the territory of the Govern ment shall be divided into eight Qouncil districts to be designated respectively as District No. 1, District No. 2, District No. 3, District No. 4, District No. 5, District No. 6, District No. 7, and District No 8. Each candidate for councilman shall designate the council district for which he is offering for election. The designation and

2834

JOURNAL OF THE HOUSE,

boundaries of the initial council districts shall be as specifically described and set forth in Appendix I hereof, which is hereby, in corporated herein and made a part hereof by reference."

Section 5. Said Act is further amended by adding a new section at the end of Chapter 1 of Article VI to be designated Section 6-103 and to read as follows:

"Section 6-103. Incorporated Municipalities, (a) All incorpo rated municipalities within Chatham County, other than the City of Savannah, shall have the right to extend their present corporate limits by annexing property lying and situated contiguous thereto, provided such property is not located within any Urban Services District or Special Services District, in the same manner and by the same methods currently provided by the general laws of Georgia.

(b) Any other provision of this Charter to the contrary not withstanding, all existing incorporated municipalities in Chatham County, other than the City of Savannah, shall retain all of their present legal status and shall be in the general services district."

Section 6. Said Act is further amended by striking paragraphs (1) and (2) of subsection (a) of Section 6-400 of Article VI in their entirety and substituting in lieu thereof one paragraph (1) to read as follows:
"(1) an Act of the General Assembly; and",

and by redesignating paragraph (3) thereof as paragraph (2).

Section 7. Said Act is further amended by striking Section 6-401 of Article VI in its entirety and substituting in lieu thereof a new Section 6-401 to read as follows:

"Section 6-401. Election. Whenever an amendment to this Charter has been proposed, the effectiveness of which requires ap proval by the electorate as provided in paragraph (2) of subsection (a) of Section 6-400 and subsection (b) of Section 6-400, the Board of Elections shall call a referendum election not less than thirty (30) days nor more than forty (40) days after the date of the validation of the petition, or the adoption of the proposal, as the case may be, at which the electorate of Savannah-Chatham County, Georgia, will vote to ratify or reject the amendment or amendments proposed; provided, however, if a regular election is to be held within six (6) months after the adoption of the proposal, or the validation of the petition, then such referendum election shall be held at the same time as the regular election. The ballot shall be prepared so as to sufficiently set forth the subject matter of each proposed amendment, and to provide the voters a choice to vote 'For Ratification' and 'Against Ratification' of each proposed amend ment. Each proposed amendment shall be rejected when a majority of said votes shalj be against ratification. Said election shall be held in accordance with applicable laws governing elections as pro vided in Section 4-104 of this Charter, and the costs of said election shall be paid out of the general funds of Savannah-Chatham Coun ty, Georgia. The Board of Elections shall canvass the returns and

TUESDAY, MARCH 13, 1973

2835

certify the results to the Mayor and Council which shall issue a proclamation showing the results of said election on the ratification or rejection of each proposed amendment to this Charter. One copy of the proclamation shall be certified and presented to the Secretary of State, and one copy shall be delivered to the Clerk of the Mayor and Council who shall attach the same to the copy of the Charter in his custody."

Section 8. Said Act is further amended by striking from Section 7-100 of Article VII the following:

"July 1, 1973",

and inserting in lieu thereof the following:

"October 1, 1973",

so that when so amended Section 7-100 shall read as follows:

"Section 7-100. Effective Date of Charter. Except as other wise provided herein, this Charter shall become effective on October 1, 1973, or upon the election of the first Mayor and members of the first Council of the Government and their taking office, whichever shall later occur."

Section 9. Said Act is further amended by striking from subsec tion (a) of Section 7-101 of Article VII the following:

"June of 1973", and "ten (10)",

and inserting in lieu thereof the following:

"September of 1973", and "eight (8)", respectively,

so that when so amended said subsection (a) shall read as follows:

"(a) A special election shall be held on the second Tuesday in September of 1973 for the purpose of electing the first Mayor and the eight (8) members of the first Council. The Board of Elections shall publish a notice of the call for such election in one or more newspapers of general circulation in Chatham County for a period of once a week for three (3) weeks immediately preceding the date of such election."

Section 10. Said Act is further amended by striking the word "July" from subsection (d) of Section 7-101 of Article VII and inserting in lieu thereof the word "October" so that when so amended said sub section (d) shall read as follows:

"(d) Except as provided in Section 7-102 of this Charter, the term of office of the first Mayor and the first members of the Council of the Government elected under the provisions of this

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JOURNAL OF THE HOUSE,

Section shall commence on the first day of October 1973, and shall terminate on the first Tuesday in April of 1977."

Section 11. Said Act is further amended by striking from the first paragraph of subsection (b) of Section 7-102 of Article VII the follow ing:

"June, 1973",

and inserting in lieu thereof the following:

"September 1973",

so that when so amended said subsection (b) shall read as follows:

"(b) Until the effective date of this Charter, the first Mayor and Council elected at the special September 1973 election may exercise the following limited powers:

(1) Appoint the Chief Administrative Officer in accordance with the provisions of Section 2-200 of this Charter;

(2) Hold meetings, plan the establishment of boundaries of the initial Urban and Special Services Districts as required by Sec tion 5-300 of this Charter, and plan for and schedule the initial organization of the Government in accordance with applicable pro visions of this Charter. The Council shall be authorized to receive and expend appropriations from the Mayor and Aldermen of the City of Savannah and from the Chatham County Board of Com missioners and ex officio Judges for the purpose of performing its responsibilities as provided for herein."

Section 12. Said Act is further amended by striking the word "April" from the first paragraph of subsection (b) of Section 7-110 of Article VII and inserting in lieu thereof the word "June" so that when so amended the first paragraph of said subsection (b) shall read as follows:

"Not less than fifteen (15) nor more than thirty (30) days after receipt of the certified copy of such proposed Charter, it shall be the duty of the Ordinary of Chatham County to issue the call for an election for the purpose of submitting said Charter to the qualified voters of the unincorporated portion of Chatham Conuty and to the qualified voters of the City of Savannah for approval or rejection. The Ordinary shall set the date of such election for the second Tuesday in June in 1973. The Ordinary shall cause the date and purpose of the election to be published once a week for two (2) weeks immediately preceding the date thereof, in one or more news papers of general circulation in Chatham County. The ballot shall have written or printed thereon the following:"

Section 13. Said Act is further amended by striking Appendix I

TUESDAY, MARCH 13, 1973

2837

in its entirety and substituting in lieu thereof a new Appendix I to read as follows:

"APPENDIX I COUNCIL DISTRICTS

(a) The Council Districts shall be composed of the following described portions of Chatham County:
Council District No. 1 shall consist of the following portion of Chatham County:
Savannah CCD 25, Tracts 3, 3.99, 8, 9, 13, 15 and 18. Tract 19, except that portion within Education District No. 2. Tract 24, except that portion within Education District No. 8. Tract 25. Tract 26, Blocks 106, 107, 117, 118, 201, 208, 209, 216, 301, 308, 309 and 310. Tract 29. Tract 30, ED's 150 and 151. Tract 34, except that portion within Education District No. 5.

Council District No. 2 shall consist of the following portion of Chatham County:
Savannah CCD 25, Tracts 5, 5.99, 10 and 11. Tract 19, Blocks 201, 202, 210, 211 and 215. Tracts 20 and 21. Tract 22, ED's 100 and 101. ED 102, except that portion within Education District No. 3. Tract 26, except that portion within Education District No. 1. Tract 27, ED's 144 through 147. ED 148. Blocks 114 through 119, 201 through 203. Tract 37, ED 86.

Council District No. 3 shall consist of the following portion of Chatham County:
Savannah CCD 25, Tract 22,

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JOURNAL OP THE HOUSE,

Blocks 310 through 313, and the remainder of Tract 22, except that portion within Education District No. 2. Tract 27, except that portion within Education District No. 2. Tract 30, ED 149. Tracts 35.01 and 35.02. Tract 36.01, Blocks 101, 111 through 114, 202, 203, 206, 207, 210, 301, 501, 502, 503, 603, 604, 609 and 610. ED 90. Tract 36.02. Tract 37, except that portion within
Education District No. 2. Tract 39,
ED 182. ED 183, Blocks 114 and 307.

Council District No. 4 shall consist of the following portion of Chatham County:
Montgomery CCD 10, entire division.
Savannah Beach--Wilmington CCD 23, entire division.
Savannah CCD 25, Tract 36.01, except that portion within
Education District No. 3. Tract 38. Tract 40,
ED's 190, 196A and 196B.
Thunderbolt CCD 35, entire division except ED 214.

Council District No. 5 shall consist of the following portion of Chatham County:
Savannah CCD 25, Tract 28. Tract 34, ED's 167 and 168. Tract 39, ED 181. ED 183, except that portion within Education District No. 3. ED's 184 and 185.
Tract 40, except that portion within Education Districts No. 4 and No. 6.
Tracts 43 and 44.
Thunderbolt CCD 35, ED 214.
West Savannah CCD 45, Tract 45.

TUESDAY, MARCH 13, 1973

2839

Council District No. 6 shall consist of the following portion of Chatham County:
Pooler-Burroughs CCD 15, Tract 108, That portion of ED 21 lying south and east of the Ogeechee Canal. ED 22.
Savannah CCD 25, Tract 40, ED's 197 through 199.
Vernonburg--White Bluff CCD 40, entire division. West Savannah CCD 45,
Tract 105, That portion of ED 44 lying east of U. S. Highway No. 17. ED's 46, 47, 50 and 51.

Council District No. 7 shall consist of the following portion of Chatham County:
Garden City CCD 5, entire division. Pooler--Burroughs CCD 15,
Tract 105, ED 43C.
Tract 107. Tract 108,
ED's 15 through 20. That portion of ED 21 lying north and West of the Ogeechee Canal. Port Wentworth CCD 20, entire division. Savannah CCD 25, Tract 6, ED 67. Tracts 105, 106.02, 107 and 108. West Savannah CCD 45 Tract 105, except that portion within Education District No. 6.

Council District No. 8 shall consist of the following portion of Chatham County:
Savannah CCD 25, Tracts 1, 1.99, 2 and 2.99. Tract 6, except that portion within Education District No. 7. Tracts 7, 12, 17 and 23. Tract 24, Blocks 107 through 109, 120, 201, 213, 214, 306, 307 and 317. Tracts 32 and 33.

(b) For the purposes of this Appendix, the designation 'CCD' shall mean 'Census County Division'; the designation 'ED' shall mean 'Enumeration District'; and the word 'Tract' shall mean 'Cen sus Tract'. The terms 'Census County Division', 'Enumeration Dis-

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JOURNAL OF THE HOUSE,

trict', 'Census Tract' and 'Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bu reau of the Census report of the United States Decennial Census of 1970 for the State of Georgia.

(c) Any portion of Chatham County which is not included in any Council District described in this Appendix shall be included within that Council District contiguous to such portion which con tains the least population according to the United States Decennial Census of 1970 for the State of Georgia."

Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 111, nays 0.

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

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 upon roads within the county which are maintained either wholly or in part from the funds of Oconee County; to provide that the violation of such regulations and ordinances shall be punished as for a misdemeanor; to provide that the trial of such violations shall be in the Court of Ordinary of Oconee County; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Commissioners of Oconee County is hereby au thorized to regulate pedestrian and vehicular traffic upon roads within the county which are maintained either wholly or in part from the funds of Oconee County. The Board of Commissioners is hereby authorized to adopt such regulations and ordinances as they shall deem necessary and proper, acting in their sole discretion, to

TUESDAY, MARCH 13, 1973

2841

accomplish such purpose. Such regulations and ordinances may in clude, but shall not be limited to, the setting of speed limits on such roads, the designation of school zones with varying speed limits during school hours, the designation of turn lanes, through lanes and weight limits and the regulation or prohibition of the parking of vehicles on any such roads. The violations of such ordi nances and regulations shall be punished as for a misdemeanor; provided, however, that the Board of Commissioners may establish, by ordinance or regulation, lower maximum punishments for such violations or for any type of violation. The trial of all violations of any regulations or ordinances promulgated and adopted pursuant to the provisions of this Paragraph shall be in the Court of Ordinary of Oconee County."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to au thorize the Board of Commissioners of Oconee County to regulate pedestrian and vehiclar traffic
( ) NO upon roads within the county which are main tained either wholly or in part from the funds of Oconee 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 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien

Atherton Bailey Beckham Berry Bohannon Bostick

Brantley, H. H. Bray Brown, C. Buck Burruss Busbee

2842
Carlisle Carr Carrell Castleberry Chance 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 Duke Edwards Egan Ellis Parrar Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Groover Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays

JOURNAL OF THE HOUSE,

Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Kreeger Lane, Dick 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
Miles Milford Morgan Moyer Mulherin
Murphy Nix Noble Northcutt
Odom

Oxford Patten, R. L. Patterson Pearce Peters Phillips, G. S. Pinkson Reaves Ritchie Roach Ross Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Snow Stephens Strickland
Sweat Thomason Thompson
Toles Townsend Triplett Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willia Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Matthews, D. R.

Rush

Those not voting were Messrs.:

Adams, G. D. Bennett Berlin Blackshear Bond

Brantley, H. L. Brown, B. D. Brown, S. P. Burton Clark

Daugherty Elliott Evans Ezzard Fraser

Greer Hamilton Harden Hill, B. L. Hill, G. Horton, G. T. Knight Lambert

TUESDAY, MARCH 13, 1973

2843

Lane, W. J. McKinney Mullinax Nessmith Patten, G. C. Petro Phillips, L. L.

Rainey Rogers Shepherd Smith, V. B. Tucker Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 141, nays 2.

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

HR 183-719. By Messrs. Townsend of the 24th, McKinney of the 35th, Alexander of the 39th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of the City of At'anta to conduct lotteries in the City of Atlanta; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article I, Section II, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of the City of Atlanta is hereby au thorized to conduct lotteries in the City of Atlanta. The governing authority of the City of Atlanta is authorized to create a Com mission to regulate lotteries in Atlanta. The governing authority of the City of Atlanta is authorized to do all things necessary to implement the provisions 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 of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
) YES Shall the Constitution be amended so as to au) NO thorize the governing authority of the City of
Atlanta to conduct lotteries in the City of At lanta?"

2844

JOURNAL OF THE HOUSE,

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Mr. Egan of the 25th moved that HR 183-719 be recommitted to the Com mittee on State Planning and Community Affairs for further study.

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

Those voting in the affirmative were Messrs.

Adams, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Bailey Bennett Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Burton Carr Cole Collins, M. Collins, S. Coney Daugherty Dean, Gib Dean, J. E. Dent Dickey Egan Elliott Ellis Evans Farrar

Fraser Geisinger Gignilliatt Hamilton Harden Harrington Harris, J. R. Hawes Hill, B. L. Horton, G. T. Horton, W. L. Irvin, R. Johnson Jordan King Knight Lambert Larsen, G. K. Lee, W. J. (Bill) Levitas Lewis Logan Marcus Matthews, C. Mauldin Milford Morgan

Moyer Mullinax Nessmith
Noble Northcutt Odom Oxford Patten, R. L. Peters Phillips, G. S. Pinkston Reaves Ritchie Roach Ross Rush Russell, W. D. Savage Shanahan Shepherd Smith, J. R. Stephens Thomason Townsend Tucker Ware Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Alien Beckham

Berlin Berry Bohannon Bostick

Castleberry Chance Clark Coleman

Colwell Connell Davis, E. T. Dean, N. Dollar Dorminy Duke Edwards Ezzard Floyd, J. H. Ployd, L. R. Foster Grahl Grantham Harris, J. F. Harrison Hays Hill, G. Howard

TUESDAY, MARCH 13, 1973

2845

Hudson Hutchinson Irvin, J. Irwin, J. R. Jones Keyton Kreeger Lane, Dick Larsen, W. W. Lee, W. S. Lowrey Matthews, D. R. McDaniell McKinney Nix Patten, G. C. Patterson Pearce Petro

Rogers Russell, J. Sams Snow Strickland Sweat Toles Triplett Turner Twiggs Waddle Walker Wall Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wood

Those not voting were Messrs.:

Atherton Blackshear Brown, C. Buck Burruss Busbee Carlisle Carrell Davis, W. Dixon

Greer Groover Howell Jessup Lane, W. J. Mason McCracken McDonald Miles Mulherin

Murphy Phillips, L. L. Rainey Smith, V. B. Thompson Vaughn Wamble Wheeler, J. A. Mr. Speaker

On the motion, the ayes were 82, nays 69.

The motion prevailed and HR 183-719 was recommitted.

HR 184-719. By Messrs. Townsend of the 24th, McKinney of the 35th, Alexander of the 39th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Pulton County to provide for the regulation of horse and dog racing and pari-mutuel wagering and off-track betting thereon, in Fulton County; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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JOURNAL OF THE HOUSE,

Section 1. Article I, Section II, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

"The governing authority of Fulton County is hereby autho rized to provide for the regulation of horse and dog racing and pari-mutuel wagering and off-track betting thereon, in Fulton Coun ty. The governing authority of Fulton County is authorized to create a Commission to regulate pari-mutuel wagering and off-track betting on horse and dog racing. The governing authority of Fulton County is authorized to do all things necessary to implement the provisions 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 of Georiga of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to au thorize the governing authority of Fulton Coun-
( ) NO ty to provide for the regulation of horse and dog racing and pari-mutuel wagering and offtrack betting hereon in Fulton County.

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Mr. Egan of the 25th moved that HR 184-719 be recommitted to the Commit tee on State Planning and Community Affairs for further study.

The motion prevailed and HR 184-719 was recommitted.

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 365. By Senator London of the 50th: A Bill to provide for an investigator for the District Attorney of the

TUESDAY, MARCH 13, 1973

2847

Mountain Judicial Circuit; to provide for the compensation, powers, duties, term of office and expenses of the investigators; to provide for other matters relative to the foregoing:

SB 368. By Senator Johnson of the 38th:
A Bill to provide that in all municipalities of this State having a popu lation of 400,000 or more, etc., wherein the sale of alcoholic beverages, etc. and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours; to provide an effec tive date.

SB 389. By Senator Rowan of the 8th:
A Bill to amend an Act providing a new charter for the Town of Enigma, so as to change the municipal election date.

SB 390. By Senator Rowan of the 8th:
A Bill to amend an Act placing the sheriff of Berrien County upon an annual salary, as amended, so as to change the compensation of the sheriff.

SB 391. By Senator Rowan of the 8th:
A Bill to amend an Act creating the office of tax commissioner of Ber rien County, as amended, so as to change the provision relative to the employees within the tax commissioner's office shall be county employees.

SB 392. By Senator Rowan of the 8th:
A Bill to amend an Act creating a board of commissioners of Berrien County, as amended, so as to authorize the members of the Board to increase their compensation.

SB 399. By Senator Overby of the 49th:
A Bill to place the coroner of Hall County on a monthly salary in lieu of the fee system of compensation.

HB 532. By Mr. Bostick of the 123rd:
A Bill to provide for a board of elections in certain counties (popula tion of not less than 27,000).

2848

JOURNAL OF THE HOUSE,

HB 716. By Mr. Castleberry of the 96th:
A Bill to repeal an Act fixing the compensation of the commissioner of roads and revenues of certain counties of this State.

HB 717. By Mr. Castleberry of the 96th:
A Bill to repeal an Act fixing the compensation of the county treasurer of certain counties of this State.

HB 718. By Mr. Castleberry of the 96th: A Bill to repeal an Act increasing the compensation of tax commis sioners of certain counties.
HB 719. By Mr. Castleberry of the 96th: A Bill to repeal an act placing the ordinaries of certain counties on a salary system in lieu of the fee system.
HB 809. By Mr. Fraser of the 117th: A Bill to amend an Act providing for the compensation of the sheriff and the Clerk of the Superior Court of Liberty County, so as to change the compensation of the sheriff, full-time deputy sheriffs, and the clerk of the Superior Court.
HB 940. By Messrs. Bostick and Patten of the 123rd: A Bill to amend an Act creating a board of commissioners of Tift County, so as to change the compensation of the chairman of said board.
HB 941. By Messrs. Bostick and Patten of the 123rd. A Bill to amend an Act creating a board of commissioners of Tift County, so as to provide for a contingent expense allowance.
HB 944. By Mr. Fraser of the 117th: A Bill 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.
HB 964. By Mr. Bostick of the 123rd: A Bill to amend an Act placing the tax commissioner of Tift County upon an annual salary, so as to change the compensation of said tax commissioner.

TUESDAY, MARCH 13, 1973

2849

HB 984. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A Bill 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.

HB 1039. By Mr. Nessmith of the 76th:
A Bill to amend an Act providing for rural telephone cooperative cor porations and providing for rural telephone service, so as to provide that rural telephone cooperative corporations may exercise certain powers within certain cities of this State.

HB 1047. By Messrs. Mason of the 59th and Wall of the 61st:
A Bill to amend an Act incorporating the Town of Snellville, so as to change the name of said Town to the City of Snellville.

HB 1048. By Mr. Wilson of the 94th:
A Bill 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.

HB 1049. By Messrs. Russell, Logan and Matthews of the 62nd and McDonald of the 12th:
A Bill 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.

HB 1052. By Messrs. Ware, Knight and Mullinax of the 65th:
A Bill 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.

HB 1053. By Messrs. Ware, Knight and Mullinax of the 65th:
A Bill 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.

HB 1055. By Mr. Sweat of the 125th:
A Bill to amend an Act placing the Sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, so as to change

2850

JOURNAL OP THE HOUSE,

the provisions relating to the compensation of the deputies and the parttime deputy.

HB 1082. By Messrs. Bohannon and Patterson of the 64th:
A Bill to provide that the homestead of each resident of certain coun ties (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.

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

HB 823. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A Bill 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 reporters.

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

HB 299. By Mr. Hill of the 41st:
A Bill to amend an Act establishing a new charter for the City of East Point, Fulton County, and the several Acts amendatory thereof, relat ing to corporate limits of said city.

The Senate has passed, by substitute, the following Bill of the House, to-wit:

HB 332. By Messrs. Adams of the 36th, Stephens of the 37th, McKinney of the 35th, and others:
A Bill to provide for the regulation and numbering of water vessels. The Senate has adopted by the requisite constitutional majority the fol lowing Resolution of the Senate, to-wit:

HR 200-776. By Mr. Bray of the 66th:
A Resolution authorizing the conveyance of certain real property lo cated in Meriwether County.

TUESDAY, MARCH 13, 1973

2851

HR 152-604. By Messrs. Burruss of the 21st, Wilson of the 19th, McDaniell, Nix and Duke 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 Mari etta.

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

SR 131. By Senator Coggin of the 35th:
A Resolution proposing an amendment to the Constitution so as to pro vide for appellate review by the Supreme Court of Georgia of rate orders by the Ga. Public Service Commission.

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

SB 400. By Senator Moore of the 56th:
A Bill to amend an Act pertaining to actions of false arrest and false imprisonment and providing defenses thereto under certain circum stances, so as to include peace officers within the provisions protecting certain persons from unwarranted false arrest suits.

SB 403. By Senator London of the 50th:
A Bill to amend an Act placing the sheriff of Dawson County on an annual salary in lieu of the fee system of compensation as amended, so as to change the provisions relative to the sheriff's deputies.

SB 404. By Senator London of the 50th:
A Bill to amend an Act incorporating the Town of Morganton, so as to change the name of said town to the City of Morganton.

SB 405. By Senator London of the 50th:
A Bill to abolish the present mode of compensating the Ordinary of Fannin County, known as the fee system; to provide in lieu thereof an annual salary.

SB 406. By Senator London of the 50th: A Bill to amend an Act placing the Sheriff of Fannin County upon an

2852

JOURNAL OF THE HOUSE,

annual salary, as amended, so as to provide for the employment of an additional deputy.

HB 753. By Mr. Harris of the 51st:
A Bill to amend an Act entitled the "Georgia Youthful Offender Act of 1972", so as to provide for the establishment of community rehabilita tion centers to assist in the rehabilitation and custodial care of youth ful offenders in a neighborhood and family environment.

HB 754. By Mr. Harris of the 51st:
A Bill 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.

HB 969. By Mr. Greer of the 43rd:
A Bill to amend Georgia Code Section 93-210, pertaining to the assess ment of public service corporation fees in an amount sufficient to cover the cost of operating and maintaining the Georgia Public Service Com mission by increasing the assessment to $560,000 per annum and pro viding that the money will be paid to the State.

HB 79. By Messrs. Rush of the 104th, and Jones of the 109th:
A Bill to provide minimum standards for detention facilities within this State.

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

HB 612. By Messrs. Lambert of the 97th and Greer of the 43rd:
A Bill to amend Article VIII of the Banking Laws, as amended, 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 certificates of stock and issuance of new certificates by deletion of the existing Sec tion.

HB 613. By Messrs. Lambert of the 97th and Greer of the 43rd:
A Bill 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.

TUESDAY, MARCH 13, 1973

2853

Mr. Lane of the 40th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

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.

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. Beckham Bennett Blackshear Bohannon Bostick Burton Clark Collins, S. Colwell Davis, W. Dean

Dollar Grahl Harden Harris, J. F. Hudson Irvin, R. Jordan Lane, Dick Lee, W. S. McKinney Nix Patten, G. C. Patterson Peters Petro

Rainey Reaves Ritchie Rogers Sams Shepherd Smith, V. B. Toles Tucker Turner Twiggs Walker Wall Ware Wilson, J. M.

Those voting in the negative were Messrs.

Alexander, W. M. Alien Berlin Berry Brantley, H. H. Brantley, H. L. Brown, C. Buck Carlisle Carr Coleman Connell Davis, E. T. Dean, J. E. Dent Dickey Duke

Egan Ezzard Floyd, L. R. Foster Geisinger Harris, J. R. Hays Horton, W. L. Hutchinson Irwin, J. R. Jones Lane, W. J. Larsen, G. K. Larsen, W. W. Levitas Lowrey Matthews, C.

Mauldin McDonald Miles Milford Mulherin Murphy Nessmith Noble Oxford Pearce Phillips, G. S. Roach Ross Russell, J. Savage Shanahan Snow

2854
Stephens Triplett Wheeler, Bobby

JOURNAL OF THE HOUSE,

Whitmire Williams

Willis Wilson, M. L.

Those not voting were Messrs.:

Atherton Bailey Bond Bray Brown, B. D. Brown, S. P. Burruss Busbee Carrell Castleberry Chance Cole Collins, M. Coney Daugherty Dean, Gib Dixon Dorminy Edwards Elliott Ellis Evans Farrar Floyd, J. H. Fraser Gignilliat

Grantham Greer Groover Hamilton Harrington Harrison Hawes
Hill, B. L. Hill, G. Horton, G. T. Howard Howell Irvin, J. Jessup Johnson Keyton King Knight Kreeger Lambert Lee, W. J. (Bill) Lewis Logan Marcus Mason Matthews, D. R.

McCracken McDaniell Morgan Moyer Mullinax Northcutt Odom Patten, R. L. Phillips, L. L. Pinkston Rush Russell, W. D. Smith, J. R. Strickland Sweat Thomason Thompson Town send Vaughn Waddle Wamble Wheeler, J. A. Wood Mr. Speaker

On the motion, the ayes were 46, nays 58.

The motion was lost.

Mr. Lee of the 114th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

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.

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

TUESDAY, MARCH 13, 1973

2855

Those voting in the affirmative were Messrs.

Adams, J. H. Adams, John Alexander, W. H. Atherton Bennett Berlin Berry Brown, C. Buck Burruss Burton Busbee Carlisle Carr Carrell Coleman

Collins, S. Connell Davis, E. T. Dean, N. Dickey Egan Geisinger Grantham Harris, J. R. Horton, G. T. Horton, W. L. Irwin, J. R. Kreeger Larsen, G. K. Lee, W. S.

Levitas Mullinax Noble Odom Pearce Phillips, G. S. Reaves Ritchie Ross Savage Shanahan Shepherd Toles Townsend Ware

Those voting in the negative were Messrs. :

Adams, G. D. Adams, Marvin Alexander, W. M. Bailey Bohannon Brantley, H. H. Brantley, H. L. Castleberry Dean, J. E. Dent Dollar Dorminy Duke Elliott Ezzard Floyd, J. H. Floyd, L. R. Foster Harrington Harris, J. F. Harrison

Hays Howard Hudson Hutchinson Johnson Jones Keyton Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Murphy Nes smith

Nix Northcutt Patten, G. C. Patterson Rush Snow Stephens Sweat Triplett Turner Twiggs Waddle Walker Wall Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs. :

Alien Beckham Blackshear Bond Bostick Bray Brown, B. D. Brown, S. P. Chance

Clark Cole Collins, M. Colwell Coney Daugherty Davis, W. Dean, Gib Dixon

Edwards Ellis Evans Farrar Fraser Gignilliat Grahl Greer Groover

2856
Hamilton Harden Hawes Hill, B. L. Hill, G. Howell Irvin, J. Irvin, R. Jessup Jordan King Knight Lambert Lewis Logan

JOURNAL OF THE HOUSE,

Lowrey Marcus Mason Matthews, C. Matthews, D. R. McCracken McKinney Oxford Patten, R. L. Peters Petro Phillips, L. L. Pinkston Rainey
Roach

Rogers Russell, J. Russell, W. D. Sams Smith, J. R. Smith, V. B. Strickland Thomason Thompson Tucker Vaughn Wamble Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 46, nays 63.

The motion was lost.

Mr. Larsen of the 102nd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

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.

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 Beckham Bohannon
Brantley, H. H. Brantley, H. L. Castleberry Clark Collins, M. Colwell Dean, J. E.
Dean, N.

Dickey Dollar Edwards Foster
Horton, W. L. Howard Irvin, J. Irvin, R. Irwin, J. R. Jessup Jones
Jordan

King Larsen, G. K. Larsen, W. W. McKinney
Moyer Mulherin Murphy Nessmith Noble Oxford Patten, G. C.
Patterson

Petro Rush Stephens Strickland Toles

TUESDAY, MARCH 13, 1973

Waddle Walker Wall Wheeler, Bobby

Whitmire Williams Wilson, J. M. Wood

2857

Those voting in the negative were Messrs.:

Adams, G. D. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Berry Bray Brown, C. Buck Burruss Burton Busbee Carlisle Carr Carrell Chance Cole Collins, S. Coney Connell Davis, E. T. Davis, W. Dorminy Duke Egan Ellis Ezzard

Floyd, L. R. Geisinger Gignilliat Grahl Grantham Harrington Harris, J. P. Harris, J. R. Harrison Hays Hudson Hutchinson Johnson Keyton Knight Kreeger Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Logan Lowrey Marcus Matthews, D. R. Mauldin McDaniell McDonald Miles

Milford Morgan Mullinax
Northcutt Odom Pearce Peters Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Ross Russell, J. Sams Shanahan Shepherd Snow Thompson Triplett Turner Twiggs Wamble Ware Wheeler, J. A. Willis Wilson, M. L.

Those not voting were Messrs.:

Adams, J. H. Alexander, W. H. Blackshear Bond Bostick Brown, B. D. Brown, S. P. Coleman Daugherty Dean, Gib Dent Dixon

Elliott Evans Farrar Floyd, J. H. Fraser Greer Groover Hamilton Harden Hawes Hill, B. L. Hill, G.

Horton, G. T. Howell Lambert Lane, W. J. Lewis Mason Matthews, C. McCracken Nix Patten, R. L. Phillips, L. L. Rogers

2858
Russell, W. D. Smith, J. R. Smith, V. B.

JOURNAL OP THE HOUSE,

Sweat Thomason Townsend

Tucker Vaughn Mr. Speaker

On the motion, the ayes were 49, nays 85.

The motion was lost.

Mr. Odom of the 114th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1028. By Messrs. Lee and Odom of the 114th:
A Bill to amend an Act creating the Department of Public Safety (Ga. L. 1937, p. 322), as amended, 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.

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

Those voting in the affirmative were Messrs.:

Adams, J. H. Alexander, W. M. Atherton Bennett Brantley, H. H. Buck Burruss Burton Busbee Collins, S. Colwell Coney Connell Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dickey

Duke Ellis Geisinger Gignilliat Harris, J. R. Horton, W. L. Irvin, R. Jordan King Lambert Larsen, G. K. Lee, W. S. Levitas Mason McDonald Morgan Moyer

Mulherin Nix Noble Odom Patten, G. C. Phillips, G. S. Russell, J. Savage Shanahan Shepherd Stephens Twiggs Waddle Wall Whitmire Williams Wood

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2859

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alien Bailey Berlin Berry Blackshear Bohannon Brantley, H. L. Bray Brown, C. Castleberry Chance Clark Cole Collins, M. Davis, W. Dent Dollar Dorminy Edwards Egan

Floyd, L. R. Foster Grantham Harrington Harris, J. F. Harrison Hays Hill, B. L. Hill, C. Howard Howell Hudson Hutchinson Irwin, J. R. Johnson Jones Keyton Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lowrey

Matthews, D. R. Mauldin McDaniell
Miles Milford Murphy Nessmith Oxford Patterson Pearce Peters Rainey Ritchie Sams Toles Triplett Turner Walker Wheeler, Bobby Wheeler, J. A.
Willis Wilson, M. L.

Those not voting were Messrs.:

Alexander, W. H. Beckham Bond Bostick Brown, B. D. Brown, S. P. Carlisle Carr Carrell Coleman Daugherty Dixon Elliott Evans Ezzard Floyd, J. H. Fraser Grahl Greer Groover

Hamilton Harden Hawes Horton, G. T. Irvin, J. Jessup Knight Larsen, W. W. Lewis Logan Marcus Matthews, C. McCracken McKinney Mullinax Northcutt Patten, R. L. Petro Phillips, L. L. Pinkston

Reaves Roach Rogers Ross Rush Russell, W. D. Smith, J. R. Smith, V. B. Snow Strickland Sweat Thomason Thompson Townsend Tucker Vaughn Wamble Ware Wilson, J. M. Mr. Speaker

On the motion, the ayes were 52, nays 67. The motion was lost.

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The following Resolutions of the House were read and adopted:

HR 355. By Messrs. Toles of the 16th, Wheeler of the 127th, Bostick of the 123rd and many others:
A RESOLUTION
Urging the State Board of Education to establish policy requiring the teaching of divine creation in the public schools of Georgia; and for other purposes.
WHEREAS, it appears that the theory of evolution has been taught in the public schools of Georgia for many years almost to the total neglect of teaching divine creation; and
WHEREAS, it is not in keeping with the goal of offering a balanced educational opportunity for the children of Georgia to teach only one side of an issue that has many supporters and scientific justification for the other side of such issue; and
WHEREAS, the State Board of Education should establish policy to prohibit the teaching of the theory of evolution to the neglect of the teaching of divine creation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby go on record as urging the State Board of Education to adopt and promulgate a policy whereby the theory of evolution will not be taught in the public schools of Georgia unless divine creation is also taught in such public schools.
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 Jack P. Nix, State Superintendent of Schools and to each member of the State Board of Education.

HR 356. By Messrs. Hudson of the 115th and Smith of the 91st:
A RESOLUTION
Commending Mrs. Beth Davis and the citizens of the City of Fitzgerald; and for other purposes.
WHEREAS, the City of Fitzgerald, beginning in 1962, has produced an annual outdoor historical drama entitled "Our Friends, The Enemy"; and
WHEREAS, Mrs. Beth Davis is the author of the production which depicts the fascinating story of Fitzgerald; and

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2861

WHEREAS, the play has run seven seasons and will run again this year on August 17 and 18, 1973; and
WHEREAS, the outdoor drama "Our Friends, The Enemy" was the State of Georgia's first outdoor historical production; and

WHEREAS, the story of Mr. P. H. Fitzgerald's idea of fleeing the drought devastated farmlands of the great Middle West in 1893 and establishing a colony of Union soldiers in the heart of Georgia and how this idea became a reality is a remarkable incident in the annals of history, where men came into the heart of their enemy's own land to enjoy peace, prosperity and plenty; and

WHEREAS, this story, depicted in dramatic form in the play "Our Friends, the Enemy", is an inspiring tribute to man's humanity to his fellow man; and

WHEREAS, this play tells the story of the founding of Fitzgerald and of the generosity of the people of Georgia and Governor William J. Northern, Governor of Georgia during the drought in the 1890's; and
WHEREAS, this play tells the story of a unique city where the streets are named for both Union and Confederate Generals; where the hotel is named the Lee-Grant Hotel; and where the city celebrates two Memorial Days, April 26, the Confederate Memorial Day, and May 30, the National Memorial Day; and

WHEREAS, Fitzgerald's unique origin, its phenomenal growth and its present place among the cities of Georgia are well-known, and the play "Our Friends, the Enemy" is an excellent presentation of the story of this outstanding city.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Mrs. Beth Davis and the citizens of Fitzgerald for their out standing production "Our Friends, The Enemy" which was the first outdoor historical drama in Georgia.
BE IT FURTHER RESOLVED that this Body does hereby urge every Georgian to attend the 1973 production to be held on August 17 and 18, 1973.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this Resolution to Mrs. Beth Davis, the City Council of Fitzgerald, the Carnegie Library in Fitzgerald, the Chamber of Com merce of Fitzgerald and the Representative from the 115th District.

HR 357. By Messrs. Wheeler and Grantham of the 127th:
A RESOLUTION
Commending the Bacon County High School Boys' Basketball Team; and for other purposes.

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JOURNAL OF THE HOUSE,

WHEREAS, on March 10, 1973, the Bacon County High School Boys' Basketball Team became the State Class A basketball champions; and

WHEREAS, the "Red Raiders" are known for their outstanding offensive and defensive talents and their sportsmanship; and

WHEREAS, during the 1972-73 basketball season the "Red Raiders" compiled a record of 25 wins and only 4 losses; and

WHEREAS, this outstanding record of achievement is the result of the outstanding coaching ability of Coach R. T. Johnson and the dedication, determination and athletic skill of the members of the team.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recognize and commend the Bacon County High School Boys' Basketball Team on becoming the State Class A basketball champions.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this Resolution to Bacon County High School and to Coach R. T. Johnson.

HR 358. By Mr. Rogers of the 128th:
A RESOLUTION
Commending Dr. E. R. Jennings; and for other purposes.
WHEREAS, Dr. E. R. Jennings of Glynn County recently received special recognition at the First Annual Heart Fund Dinner sponsored by the Glynn County Heart Association; and
WHEREAS, Dr. Jennings has served the medical profession with unusual distinction, and has shared his knowledge and wisdom with the medical profession throughout the world; and
WHEREAS, Dr. Jennings, a heart specialist, invented a barb to put tendons together, and four years after the first open heart surgery, Dr. Jennings was performing the same technique here in Georgia; and
WHEREAS, his faith, courage, dedicated work and endurance to overcome obstacles have been an inspiration to physicians and patients throughout the world; and
WHEREAS, Dr. Jennings is one of the Golden Isles' most beloved and respected citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con-

TUESDAY, MARCH 13, 1973

2863

gratulate Dr. E. R. Jennings for receiving special recognition at the First Annual Heart Fund Dinner sponsored by the Glynn County Heart Association, and does hereby express its sincerest appreciation to him for his many outstanding contributions to the people of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Dr. E. R. Jennings.

HR 359. By Messrs. Matthews, Logan and Russell of the 62nd and McDonald of the 12th:
A RESOLUTION
Expressing sympathy at the passing of Mr. Dyar E. Massey; and for other purposes.
WHEREAS, the State of Georgia lost one of its most distinguished and outstanding citizens with the passing of Mr. Dyar E. Massey on March 8, 1973; and
WHEREAS, he served as Assistant Vice President for Development and Planning at Emory University and had served as Public Relations Director at the University of Georgia, as Editor and Publisher of the Wrightsville, Georgia, Headlight and as Director of Development at Furman University; and
WHEREAS, he was past President of the Georgia Chapter of the Public Relations Society of America and a former national President of the American College Public Relations Association; and
WHEREAS, he held B.A. and M.A. degrees from the University of Georgia; and
WHEREAS, he was the devoted husband of Mrs. Nancy Caldwell Massey and the father of three outstanding children, Miss Barbara Ann Massey, Mr. David Massey and Mr. Jimmy Massey.
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. Dyar E. Massey, 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. Dyar E. Massey.

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HR 360. By Mr. Rogers of the 128th:

A RESOLUTION

Commending Miss Lane Torbett; and for other purposes.

WHEREAS, Miss Lisa Torbett, age 19, the beautiful and talented daughter of Mr. and Mrs. Jack Torbett, recently won the annual Miss Golden Isles Pageant in Brunswick, Georgia; and

WHEREAS, the Miss Golden Isles Pageant awards $1,500.00 in scholarships and numerous gifts donated by local merchants, and is also a preliminary to the Miss Georgia Pageant; and

WHEREAS, Miss Torbett is a 1972 graduate of Brunswick High School and attends Valdosta State College; and

WHEREAS, she was selected from a field of 16 contestants; and

WHEREAS, it is the desire of the members of this Body to recognize Miss Torbett for her outstanding accomplishments and achieve ments and to wish her every success in the Miss Georgia Pageant.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Miss Lisa Lane Torbett for being selected Miss Golden Isles for 1973 and does hereby wish her every success in the Miss Georgia
Pageant.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Miss Lisa Lane Torbett.

HR 361. By Mr. McDonald of the 12th:
A RESOLUTION
Commending the 1972 Commerce High School football team; and for other purposes.
WHEREAS, the Commerce High School football team experienced one of its finest seasons in 1972; and
WHEREAS, the team won twelve straight games before meeting defeat at the hands of Carrollton in the North Georgia Class A Football Championship; and
WHEREAS, the members of the team displayed amazing offensive and defensive strength throughout the season; and

TUESDAY, MARCH 13, 1973

2865

WHEREAS, the admirable record compiled by this team can only be attributed to the dedication and drive of the members of this team: David Adams, Guy Baker, Abe Brown, Keith Bruce, Kenny Hancock, Randy Harris, Raymond Harris, Carl Hiland, Joe Jones, Randall Miller, Tracy Minish, Runt Moon, Ed Nelson, Mike Overton, Keith Perry, Billy Pittman, Steve Savage, Hoy Lee Smith, Ricky Smith, Tommy Stephenson, Greg Wallace and Don Watkins, and the exceptional coach ing ability of Ray Lamb, Bob Sapp, Robert Ellis and Mike Hodges.

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby commend and con gratulate the Commerce High School football team for its most successful

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 Ray Lamb and an appropriate copy to Coach Ray Lamb for presentation to the team.

HR 362. By Messrs. Berlin, Pinkston, Coney, Dickey, Evans and Brown of the 89th:
A RESOLUTION
Commending the Southwest High School Lady Patriots Basketball Team; and for other purposes.
WHEREAS, the Southwest High School Lady Patroits Basketball Team of Macon, Georgia, has just completed an outstanding season; and
WHEREAS, these talented youngsters reached the semifinals in State AAA competition and completed the tournament as the 4th best AAA team in the State; and
WHEREAS, in compiling their won-lost record of 17-10, each member of the team demonstrated outstanding ability and sportsman ship; and
WHEREAS, the team was under the excellent leadership of Coach Betty Burke.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend the Southwest High School Lady Patriots Basketball Team for an outstanding season and excellent sportsmanship.
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 Coach Betty Burke for presenta tion to the Southwest High School Lady Patriots Basketball Team.

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HR 363. By Mr. Greer of the 43rd:

A RESOLUTION

Relative to the National Direct (Defense) Student Loan Program; and for other purposes.

WHEREAS, the proposed budget before Congress would take the National Direct (Defense) Student Loan program out of the budget in F. Y. 1974 by ceasing federal capital contributions to the institu tionally-held funds; and

WHEREAS, with the exception of the Social Security educational benefits and the GI Bill, the National Direct (Defense) Student Loan program is the nation's oldest investment in student assistance; and

WHEREAS, the elimination of NDSL is apparently based upon the assumption that the guaranteed loan program can and will absorb the borrowing needs of students who would otherwise use NDSL, and this position is strengthened by the impending implementation of the Student Loan Marketing Association; and

WHEREAS, it seems most unlikely that the marketing operation can be implemented in time to have any real impact for the 1973-74 academic year; and

WHEREAS, another problem with the marketing operation approach is that many lenders place additional qualifying criteria on guaranteed loans, such as an account relationship, upper class standing, a specific grade point average, and/or some other means of keeping the demand within the institution's capacity to invest in this type of loan; and

WHEREAS, this approach would seriously hurt disadvantaged youths and independent students who have no established roots in a community and who lack residence qualifications and lender relation ships; and

WHEREAS, it would appear much wiser to continue to fund NDSL, at least until it can be determined that the guaranteed student loan program can absorb the additional loan volume.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby urge Congress to continue funding the National Direct (Defense) Student Loan pro gram, at least until it can be determined that the guaranteed student loan program can absorb the additional loan volume.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to each member of the Georgia Con gressional Delegation.

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2867

HE 364. By Messrs. McDaniell of the 20th, Dean of the 17th, Wood of the 9th, Ware of the 65th and Vaughn of the 57th:

A RESOLUTION

Creating the Joint Corridor Loop Study Committee; and for other purposes.

WHEREAS, there is a great need for a corridor loop highway to be constructed beyond the limits of the existing Interstate 285 Perimeter Highway; and

WHEREAS, construction of a corridor loop highway will take ap proximately ten years; and

WHEREAS, construction on a corridor loop highway should begin as soon as possible as time is of the essence; and

WHEREAS, the construction of a second airport will create severe demands upon the existing highways unless a corridor loop highway is constructed; and

WHEREAS, the construction of a corridor loop highway will allow for disbursement to relieve inner city problems; and

WHEREAS, planning should be made for satellite communities, model cities, and environmental control areas through the ordered con struction of a corridor loop highway; and

WHEREAS, all the people of Georgia would benefit from the planning and construction of such a corridor loop highway.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Corridor Loop Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and three member of the Senate to be ap pointed by the President of the Senate. The Committee shall conduct a systematic study of the need for such a corridor loop highway; conduct a systematic study of the most beneficial location and route for such corridor loop highway, not be less than 10 miles, nor more than 25 miles, beyond the radius of the existing Interstate 285 Perimeter High way; and shall study all matters relative thereto. Said Committee shall coordinate its work and studies with the Area Planning and Develop ment Commissions. Said Committee shall be authorized to consult with such individuals, organizations, associations, and officials, as it deems necessary to effectively carry out its duties and responsibilities. Said Committee is authorized to request and receive assistance from any source. The Committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomp lish the objectives and purposes of this Resolution. The members of the Committee shall receive the allowances authorized for legislative mem-

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bers of interim legislative committees, but shall receive the same for no more than 15 days. The funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations, 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 365. By Messrs. Savage of the 30th, Beckham of the 82nd, Sams of the 83rd and many others:
A RESOLUTION
Relative to the increasing crime rate in this country; and for other purposes.
WHEREAS, crime has increased in this country to the point that citizens are afraid to walk the streets; and
WHEREAS, this country should be alerted to the great task it has in developing respect for law and order and in affording law-abiding citizens maximum protection; and
WHEREAS, the people of this country have made a concentrated effort, even to the point of relinquishing certain privileges and rights, in order to fight air piracy and make our airways once again safe for travel; and
WHEREAS, such fight against crimes involving the airways has been successful, and our governing authorities should consider using the same concentrated effort and drastic measures to stop the increase of crime on the streets.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby urge the Presi dent of the United States and Congress to take what action is necessary to stop the increasing crime rate in this country. This Body is in favor of immediate action to combat crime and does not feel that this country can afford a long, drawn-out study of crime before new and more drastic measures are taken.
BE IT FURTHER RESOLVED that this Body does hereby urge that a National Crime Commission should be created to comprehensively study the aspects of crime in this country. Such Commission should recommend legislation, programs and other actions which need to be taken by governing authorities at all levels of government in order to stop the spread of crime in this country and to make our city streets, once again, safe.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the President of the United States and to each member of the Georgia Congressional Delegation.

TUESDAY, MARCH 13, 1973

2869

HR 366. By Messrs. Berlin, Pinkston, Brown, Evans, Coney and Dickey of the 89th:

A RESOLUTION

Commending the Southwest High School Basketball Team for winning the State AAA Basketball Championship; and for other pur poses.

WHEREAS, the Southwest High School Basketball Team of Macon, Georgia, in an outstanding display of talent, determination and sports manship, won the 1973 State AAA Basketball Championship; and

WHEREAS, the Southwest Patriots won the most prestigious basket ball championship in Georgia with a 78-67 victory over Lakeside of Atlanta at the Georgia Tech Coliseum on Saturday, March 10, 1973; and

WHEREAS, Coach Donald Richardson of Southwest is respected and admired as one of the great high school basketball coaches in the South; and

WHEREAS, the members of the team displayed amazing offensive and defensive talents and outstanding rebounding abilities; and

WHEREAS, Joe Everett, Norman Nixon and Myles Patrick of Southwest were unanimous choices for the AAA All Tournament Team; and

WHEREAS, the admirable record compiled by this team can only be contributed to the dedication, drive and outstanding physical con ditioning of the members of the team and to the exceptional coaching ability of Coach Richardson.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Coach Donald Richardson and each member of the Southwest High School Basketball Team for winning the 1973 State AAA Basket ball Championship.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this Resolution to Coach Donald Richardson and to each member of the Southwest High School Basketball Team.

HR 227. By Messrs. Castleberry of the 96th, Wamble of the 120th, Buck and Pearce 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, optomet-

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JOURNAL OP THE HOUSE,

rists, 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 of 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 the costs of the services of dentists, optometrists, physicians, psychiatrists 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.

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 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 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 meeting 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 con-

TUESDAY, MARCH 13, 1973

2871

necting 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 Congress, Second Session:

"(a) A route from Brunswick, Georgia, or its vicinity, to Kansas City, Missouri, or its vicinity, so aligned to serve the follow ing intermediate locations, or vicinities thereof: Columbus, Georgia; Birmingham, Alabama; Tupalo, Mississippi; Memphis, Tennessee; Batesville or Jonesboro, Arkansas; and Sringfield, 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

WHEREAS, the General Assembly determines that it is in the interest 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 authorized 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 appropriate copy of this Resolution to the Multi-State Transportation Route Advisory Board and to each Board Chairman of the States participating therein.

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

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JOURNAL OF THE HOUSE,

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 beginning 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 relaxed or repealed, professional medical ethics and respect for unborn human life have proved to be 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 would 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.

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 Houses of of Congress, which bills would include 61,500 acres of the Cohuttas in the National Wilderness Preservation System; and
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

TUESDAY, MARCH 13, 1973

2873

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 natural 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 authorized and directed to transmit appropriate copies of this Resolution to each member of the Georgia Congressional Delegation.

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

HB 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.

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

On the passage of the Bill, the ayes were 147, nays 0.

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

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.

2874

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL

To be entitled an Act to amend the "Solid Waste Management Act", approved April 5, 1972 (Ga. Laws 1972, p. 1002), so as to authorize the Director of the Division of Environmental Protection of the Depart ment of Natural Resources to apply to the superior courts of this State for certain injunctive relief; to require permits for solid waste handling and for the construction and operation of disposal facilities and disposal sites; to define the procedure connected therewith; to change the pro visions relating to exemptions; to provide for the revocation of permits; to define the procedure connected therewith; to amend the definition of "nuisance" as defined in this Act; to provide that the Director shall administer the funds granted by the state or federal government under this Act; to authorize the Director to exercise all incidental powers necessary to carry out the purposes of this Act; to strike that portion of the Act dealing with the Director's duty to hold hearings; 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 known as the "Solid Waste Management Act", approved April 5, 1972 (Ga. Laws 1972, p. 1002), is hereby amended by striking the word "or" in the second line of subsection (g) (1) of Sec tion 3 and inserting in lieu thereof the word "and", so that when so amended, subsection (g) (1) of Section 3 shall read as follows:

" (g) 'Nuisance' shall mean anything which:

(1) meets the definition of the term as defined by Code Sec tion 72-101; and".

Section 2. Said Act is further amended by striking subsection (j) of Section 4 in its entirety and substituting in lieu thereof a new subsec tion (j) to read as follows:

"(j) To exercise all incidental powers necessary to carry out the purposes of this Act."

Section 3. Said Act is further amended by adding between Sec
tions 7 and 8, a new Section to be designated Section 7A, to read as follows:

"Section 7A. Permits Required--Revocation, Notice. No person shall engage in solid waste handling or construct or operate a dis posal facility or disposal site, except those individuals exempted from the provisions of this Act under the provisions of Section 8, with out first obtaining a permit from the Director authorizing such activity; provided, however, any such activity which has been con ducted prior to the effective date of this Section for which a proper permit application has been made shall not be interrupted pending

TUESDAY, MARCH 13, 1973

2875

final action of the Director on such application, provided the appli cation for such permit has been filed with the Director within thirty (30) days after regulations promulgated pursuant to this Section become effective. The Director shall promulgate regulations prescribing the procedure to be followed in applying for such per mits and requiring the submission of such plans, specifications and other information as he deems relevant in connection with the issuance of such permits. If the Director determines that such ac tivity will result in any violation of this Act or any rule or regula tion promulgated pursuant to this Act, he shall deny permit; other wise, he shall issue the permit, specifying on the permit the condi tions under which such activity shall be conducted; provided, how ever, the Director may issue a temporary permit to any applicant who has conducted any such activity prior to the effective date of this Section for such period of time and under such conditions as the Director shall specify in such permit in order to allow the applicant a reasonable period of time to correct existing deficiencies if the Director determines that such activity will not likely create a nuisance or health hazard to the surrounding community during the period of time covered by said temporary permit. The Director may modify or revoke any permit issued pursuant to this Section if the owner of the permit is found to be in violation of any of the permit conditions; or if the holder of the permit fails to perform such activity in accordance with the approved plan; or if such ac tivity creates a nuisance, or if modification of the rules and regula tions requires modification or revocation of the permit. In the event of modification or revocation of a permit, the Director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action."

Section 4. 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. Exemption. This Act shall not apply to any in dividual disposing of solid wastes originating from his own resi dence onto land or facilities owned by him when disposal of such wastes does not thereby adversely affect the public health. This Act shall not apply to any individual corporation, partnership, or Co-op disposing of livestock feeding facility-waste from facilities with a total capacity of either 1000 cattle or 5000 swine. Provided further that if such individual corporation, partnership, or Co-op shall pro vide an approved waste disposal system which is capable of properly disposing of the run-off from a 'ten year storm' he/they shall be further exempt regardless of total per head capacity."

Section 5. Said Act is further amended by adding a new Section between Sections 15 and 16, to be designated Section 15A, to read as follows:

"Section 15A. Application by Director for Injunction to Pre vent Violation of Act. Whenever, in the judgment of the Director, any person has engaged in or is about to engage in any act or prac tice which constitutes or will constitute any violation of this Act, the Director may make application to the superior court of the

2876

JOURNAL OF THE HOUSE,

county where such person resides, or if a nonresident of the State, then to the suerior court of the county where such person is engaged in or is about to engage in such act or practice, for an order re straining and enjoining such act or practice, and upon a showing by the Director that such person has engaged in or is about to en gage in any such act or practice, a temporary or permanent injunc tion, restraining order, or other order shall be granted without the necessity of showing adequate remedy at law."

Section 6. Said Act is further amended by adding a new Section between Sections 19 and 20, to be designated Section 19A, to read as follows:

"Section 19A. Director to Administer Grants. The Director shall administer all funds granted by the State of Georgia pursuant to Section 19 of this Act."

Section 7. Said Act is further amended by adding a new Section between Sections 20 and 21, to be designated Section 20A, to read as follows:

"Section 20A. Director to Receive Financial Aid from Federal Government and Other Sources. The Director is hereby designated as the state representative to receive and administer financial aid from the federal government or other public or nonprofit sources for purposes of solid waste management."

Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:
Messrs. Larsen of the 27th, Nessmith of the 76th and Whitmire of the 9th moves to amend HB 811, Committee substitute, by striking the quotation mark after "capacity" on line 11, page 4, and adding: "Noth ing in this Act shall limit the right of any person to use poultry or other animal manure for fertilizer.' "

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:

TUESDAY, MARCH 13, 1973

2877

Those voting in the affirmative were Messrs.

Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham 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 Castleberry Clark Cole Coleman Collins, M. Collins, S. Connell Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Duke
Edwards
Egan
Elliott
Ellis

Evans Farrar Foster Fraser Geisinger Grahl Hamilton Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jordan Keyton King Kreeger Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Matthews, C. Mauldin McDaniell McDonald MciKnney Miles Milford 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 Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Turner Waddle Walker Wall Wamble Wheeler, J. A. Whitmire Williams
Wilson, J. M.
Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

Colwell Floyd, L. R. Grantham

Harden Hudson Lane, W. J.

Matthews, D. R. Rogers Willis

2878

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Adams, G. D. Alien Blackshear Carrell Chance Coney Davis, W. Dean, Gib Dorminy Ezzard Floyd, J. H. Gignilliat

Greer Groover Harrington Hawes Hill, G. Jessup Jones Knight Lane, Dick Larsen, W. W. Mason McCracken

Mullinax Phillips, L. L. Strickland Townsend Triplett Tucker Twiggs Vaughn Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 9.

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

HE 317-1189. By Messrs. Williams of the 9th, Pinkston of the 89th, Triplett of the lllth and others: A Resolution creating the Joint Financial Institution Laws Study Com mittee; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1089. By Messrs. Knight, Ware and Mullinax 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.

The following amendment was read and adopted:
Mr. Dollar of the 63rd moves to amend HB 1089 by inserting the following after the word "person" on line 5 of page 2: "However, the

TUESDAY, MARCH 13, 1973

2879

foregoing shall in no way affect the rights of any person or persons arising under the laws of this State in connection with claims arising in tort by reason of negligence."

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 148, nays 0.

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

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.

The report of the Committee, which was favorable to the 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. M. 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 Castleberry Clark Cole Coleman Colling, S. Colwell
Coney Connell Daugherty

Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Ellis Evans Floyd, J. H. Floyd, L. R.
Foster Fraser Geisinger

2880
Gignilliat Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Hill, G. Horton, G. T. Howard Hudson Hutchinson Irvin, R. Irwin, J. R. Jessup Johnson Keyton King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

JOURNAL OF THE HOUSE,

Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nix Noble Odom Oxford Patten, G. C. Patterson Petro Pinkston Reaves Ritchie Rogers Ross

Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Sweat Thomason Thompson Toles 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.:

Dixon

Horton, W. L.

Jordan

Those not voting were Messrs.:

Adams, G. D. Alexander, W. H. Alien Brantley, H. L. Carrell Chance Collins, M. Dean, Gib Egan Elliott Ezzard Farrar Grahl

Greer Hawes Howell Irvin, J. Jones Lane, W. J. Levitas Matthews, D. R. Nessmith Northcutt Patten, R. L. Pearce

Peters Phillips, G. S. Phillips, L. L. Rainey Roach Savage Smith, V. B. Townsend Triplett Tucker Wamble Mr. Speaker

On the passage of the Bill, the ayes were 140, nays 3.

TUESDAY, MARCH 13, 1973

2881

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

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 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 shr 1 ! be afforded representation; and for other purposes.

The following substitute, offered by Mr. Berlin of the 89th, was read:
A BILL
To be entitled an Act to amend an Act known as "The Georgia Criminal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), so as to clarify the criminal proceedings in which indigent persons shall be afforded representation; to change the provisions relating to assign ment of attorneys; 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 Criminal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), is hereby amended by striking subsection (a) of Section 3 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) All courts of this State having jurisdiction of proceedings of a criminal nature shall, by rule of court, provide for the represen tation of indigent persons in criminal proceedings in such court. Criminal proceedings shall mean any proceeding in which a person is charged with the violation of a local ordinance or state law and because of such violation, such person may be incarcerated in any penal institution in this State. It shall provide this representation by:
(1) An arrangement whereby the judge of the superior court will assign attorneys on an equitable basis through a systematic, coordinated defender plan. The court may delegate to its clerk or deputy clerk the administration thereof, or may appoint an admin istrator for such purpose; or
(2) An arrangement whereby a non-profit legal aid agency or agencies will be assigned to provide the representation; or
(3) An arrangement whereby a combination of the above ar rangements will provide the representation."

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JOURNAL OF THE HOUSE,

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

The following amendments were read and adopted:
Mr. Berlin of the 89th moves to amend HB 37 by striking lines 26 and 27 on page 1, starting with the word "The" and ending with the word "may", and by striking line 1 in its entirety on page 2.

Mr. Russell of the 53rd moves to amend HB 37, by substitute, by striking the last sentence of subsection (a), on line 22 read: "After ascertaining that the defendant is in fact indigent, it shall provide this representation by:".
The substitute, as amended, was adopted.

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

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

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 Bennett Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr

Castleberry Chance Clark Cole Coleman Collins, M. Coney Connell Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dollar Dorminy Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Fraser

Gignilliat Grahl Grantham Hamilton Harden Harrington Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. irwin, J. R. Jessup Jones Jordan Keyton

King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Morgan Moyer

TUESDAY, MARCH 13, 1973

2883

Mulherin Mullinax Murphy Nix Noble
Odom Oxford Patten, G. C. Peters Petro Pinks ton Rainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams
Savage

Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Thomason Thompson
Toles Townsend Triplett Turner Vaughn Walker Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.

Collins, S. Colwell Dixon Foster Harris, J. F.

Hill, G. Johnson McDonald Sweat Twiggs

Wall Williams Wood

Those not voting were Messrs.:

Bailey Beckham Bostick Brantley, H. L.
Bray Brown, S. P. Carrell Davis, W. Dean, Gib Dickey Duke Ezzard

Floyd, J. H. Geisinger Greer Groover Howell
Lane, W. J. Larsen, W. W. Levitas Milford Nessmith Northcutt Patten, R. L.

Patterson Pearce Phillips, G. S. Phillips, L. L. Ritchie Smith, V. B. Tucker Waddle Wamble Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 133, nays 13.

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

2884

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 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.

The following amendment was read and adopted:
Mr. Murphy of the 18th moves to amend HB 58 by adding to Sec tion 2 the following:
"This Act shall not become effective until funds are appropri ated to fund same."

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 Alexander, W. H. Alexander, W. M. Alien Bailey Berlin Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee

Carlisle Castleberry Chance Clark Cole Coleman Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dollar Dorminy Edwards Evans

Floyd, L. R. Fraser Gignilliat Grahl Granthant Greer Groover Hamilton Harden Harrington Harris, J. F. Harrison Hays Hill, G. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Jessup

Johnson Jones Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan

TUESDAY, MARCH 13, 1973

2885

Moyer Mulherin Mullinax Murphy Nessmith Nix Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Rogers Ross Rush Russell, J. Shanahan Shepherd Smith, J. R.

Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Bostick Carr Collins, S. Egan Foster Geisinger

Harris, J. R. Horton, W. L. Irwin, J. R. Larsen, G. K. Lee, W. S. Noble

Odom Ritchie Sams Savage Williams

Those not voting were Messrs.:

Adams, Marvin Atherton Beckham Bennett Berry Buck Carrell Collins, M. Dean, Gib Dickey Duke Elliott Ellis

Ezzard Farrar Floyd, J. H. Hawes Hill, B. L. Howell Irvin, R. Jordan Knight Larsen, W. W. Levitas
Marcus

McKinney Northcutt Patten, R. L. Phillips, L. L. Reaves Roach Russell, W. D. Smith, V. B. Townsend Vaughn Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 126, nays 17.

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

2886

JOURNAL OF THE HOUSE,

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 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.

The following amendment was read and adopted:
Mr. Larsen of the 27th moves to amend HB 397 as follows:
By striking "funds" on page 1, line 15, and inserting "finds."
and by striking subsection (b) of Section 3 and inserting:
"(b) "Water Event" shall mean any advertised event likely to attract five thousand or more people onto state waters other than lakes."
and by striking section 4 in its entirety
and by striking section 5 and inserting:
"Section 4. The person sponsoring a water event shall provide a bond with the Department 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."
and by striking section 6 and inserting:
"Section 5. Nothing in this act shall abrogate any existing rights under Georgia Law entitling a person to bring a civil action for damages to person or property."
and by renumbering subsequent sections accordingly.

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

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

TUESDAY, MARCH 13, 1973

2887

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Beckham Bennett Berlin Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, S. P. Burruss Burton Busbee Carlisle Carr Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dorminy Egan Elliott Ellis Foster

Geisinger Gignilliat
Greer Groover Hamilton Harrington 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 Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S.
Logan Lowrey Marcus Mason Matthews, C. Mauldin McDonald McKinney Milford Morgan Moyer Mulherin

Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Peters Petro Phillips, G. S. Pinkston Reaves Rush Russell, J. Sams Savage Shanahan Shepherd Smith, T. R. Smith, V. B.
Snow Stephens Strickland Thomason Thompson
Toles Townsend Triplett Vaughn Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Berry Bohannon Castleberry Dixon Dollar Edwards Grantham

Harden Harris, J. F. Irwin, J. R. Lewis Matthews, D. R. McDaniell Miles

Patterson Ritchie Rogers Ross Sweat Willis

2888

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin

Floyd, J. H.

Bailey

Floyd, L. R.

Bray

Fraser

Brown, C.

Grahl

Buck

Hawes

Carrell

Hill, B. L.

Collins, M.

Knight

Davis, E. T.

Larsen, W. W.

Duke

Lee, W. J. (Bill)

Evans

Levitas

Ezzard

McCracken

Farrar

Mullinax

Pearce Phillips, L. L. Rainey Roach Russell, W. D. Tucker Turner Twiggs Wamble Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 125, nays 20.

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

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

HB 915. By Messrs. Matthews of the 122nd, Rush of the 104th, Wheeler of the 13th and others:
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.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 26-12, relating to abortion, so as to delete therefrom the provisions relative to the reasons for an abortion; to delete therefrom the provisions limiting abortions to residents; to delete therefrom certain procedural requirements rela tive to abortion; to reenact said Code Chapter in conformity with the foregoing; to enumerate the conditions under which an abortion may be performed; to provide for the filing of a declaratory judgment to re strain a physician from performing an abortion; to provide that any hospital or other medical facility or physician may refuse to admit any patient for the purpose of performing an abortion; to provide that any person who states in writing an objection to any abortion shall not be required to participate in the procedures which will result in such abor tion; to provide that such refusal shall not be the basis for any claim for damages; to assure medical treatment for any aborted child show-

TUESDAY, MARCH 13, 1973

2889

ing signs of life; to declare any fetal experimentation as illegal; to pro vide for punishment for failure to file or maintain the written state ments required by this Act; to provide for penalties; to amend Code Title 88, known as the "Georgia Health Code", as amended, so as to authorize the Department of Human Resources to promulgate and en force rules and regulations for the licensing of medical facilities wherein abortion procedures are to be performed; to provide for the dissemina tion of certain educational information and medical supplies and treat ment in order to prevent unwanted pregnancy; to declare the purposes of this Act; to provide for severability; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Chapter 26-12, relating to abortion, is hereby amended by striking said Code Chapter in its entirety and inserting in lieu thereof a new Code Chapter 26-12, to read as follows:

"CHAPTER 26-12. Abortion.
26-1201. Criminal Abortion. Except as otherwise provided in Section 26-1202, a person commits criminal abortion when he or she administers any medicine, drugs, or other substance whatever to any woman or when he or she uses any instrument or other means whatever upon any woman with intent to produce a miscar riage or abortion, or when she submits to an abortion procedure with intent to produce a miscarriage or abortion.
26-1202. Exception, (a) Nothing in this Chapter shall be con strued to prohibit an abortion performed by a physician duly li censed to practice medicine and surgery pursuant to Chapter 84-9 or Chapter 84-12 of the Code of Georgia of 1933, as amended, based upon his best clinical judgment that:
(1) An abortion is necessary in the light of all factors relevant to the well-being of the pregnant woman and minimally including physical, emotional, psychological, familial, social, economic, and age considerations; and

(2) The duration of pregnancy, as determined by uterine size and confirmed by menstrual history, does or does not exceed thir teen weeks; and

(3) If his judgment is that the pregnancy exceeds thirteen weeks, then also that it is reasonably certain that the fetus does not have the capability of meaningful or sustained life outside the mother's womb, given the medical aid then available.

(4) If his judgment is that it is not reasonably certain that the fetus does not have the capability of meaningful or sustained life outside the mother's womb, given the medical aid then available, then also that a continuation of the pregnancy would endanger the

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life of the pregnant woman or would seriously and permanently injure her health, and that an abortion is necessary despite the interests of fetal life.

(b) No abortion is authorized or shall be performed under this Chapter unless each of the following conditions is met:

(1) Such physician's judgment is reduced to writing and is signed by him.

(2) The pregnant woman, in writing, consents to the abortion and states that she understands the medical procedure involved.

(3) The pregnant woman's husband, if she is married and not living separate and apart from him, or a parent or guardian if she is an unmarried and unemancipated minor, consents in writing to the abortion.

(4) When the physician's judgment is that it is not reasonably certain that the fetus does not have the capability of meaningful or sustained life outside the mother's womb, given the medical aid then available, then the additional judgments required in Section 26-1202(a) (4) are concurred in, in writnig, by two other physicians duly licensed to practice medicine and surgery pursuant to Chapter 84-9 or 84-12 of the Code of Georgia of 1933, as amended.

(5) Such written statements are filed by the performing phy sician with the Commissioner of Human Resources within ten days after an abortion procedure is performed and copies are maintained in the permanent files of the hospital or health facility if the abor tion procedure is performed therein, or in the performing physician's office if performed elsewhere; they shall be available at all reason able times to the district attorney of the judicial circuit in which the hospital or health facility or doctor's office is located.

(6) Such written statements and their copies shall be confiden tial records and shall not be made available for public inspection at any time.

(7) If the pregnancy exceeds thirteen weeks, such abortion is performed in a hospital licensed by the Georgia Department of Hu man Resources or in a health facility licensed as an abortion facility by the Georgia Department of Human Resources, and in compliance with the minimum standards established for abortion procedures by the Department of Human Resources.

(c) Any district attorney of the judicial circuit in which an abortion is to be performed under this Chapter, or any person who would be a relative of the child within the second degree of con sanguinity, may petition the superior court of the county in which the abortion is to be performed, or if unknown, then in the superior court of Fulton County, for a declaratory judgment whether the performance of such abortion would violate any constitutional or

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2891

other legal rights of the fetus. Such district attorney or person may also petition such court for the purpose of taking issue with com pliance of this Chapter. The physician who proposes to perform the abortion and the pregnant woman shall be respondents. The petition shall be heard expeditiously and if the court adjudges that such abortion would violate the constitutional or other legal rights of the fetus, the court shall so declare and shall restrain the physician from performing the abortion.

(d) Nothing in this Chapter shall require a hospital or other medical facility or physician to admit any patient under the pro visions hereof for the purpose of performing an abortion. In addi tion, any person who shall state in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to participate in procedures which will result in such abor tion, and the refusal of such person to participate therein, shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person. The written objection shall remain in effect until such per son shall revoke it or terminate his association with the facility with which it is filed.
26-1203. Treatment of Fetus. Whenever an abortion produces a live birth as defined in Georgia Laws 1964, pp. 499, 581 (Ga. Code Ann. Section 88-1702(e)), the fetus or product of human conception shall be given full treatment as a medical patient. Whenever an abortion is performed, no experiment shall be made on or with the product thereof, nor shall it be used for any commercial purpose.

26-1204. Failure to File. A person fails to file or maintain, in complete form, any of the written statements required in this Chap ter, within the time provided, shall commit a misdemeanor.
26-1205. Punishment. A person convicted of criminal abortion shall be punished by imprisonment for not less than one nor more than ten years, except that a person convicted of failure to file or maintain, in complete form, any of the written statements required in this Chapter, within the time provided, shall be punished as for a misdemeanor."

Section 2. Code Title 88, known as the "Georgia Health Code", as amended, is hereby amended by adding a new subsection at the end of Code Section 88-108, to be designated subsection (k), to read as follows:

"(k) Promulgate and enforce rules and regulations for the li censing of medical facilities wherein abortion procedures are to be performed, and to establish minimum standards for said procedures, in both instances so as to protect the lives and health and safety of pregnant women, and, whenever applicable, unborn children, and further, to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy."

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Section 3. Said Code Title 88 is further amended by adding a new paragraph at the end of subsection (a) of Code Section 88-1901, to be designated paragraph (3), to read as follows:

"(3) Any health facility wherein abortion procedures are per formed or are to be performed."

Section 4. The purpose of this Act is to conform the Georgia criminal abortion law with the pronouncements of the United States Supreme Court in Doe v. Bolton, No. 70-40 (41 L.Wk. 4233) and Roe v. Wade, No. 70-18 (41 L.Wk. 4213), January 22, 1973. The enactment here of shall not be construed or interpreted as a departure from the General Assembly's intent and desire to protect and preserve human life from the moment of conception, insofar as is constitutionally possible.

Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sec tions, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 7. An Act entitled "An Act to Amend Code Chapter 26-11, relating to the crimes of abortion, foeticide, and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; to provide the circumstances when such acts shall be lawful; to repeal conflicting laws; and for other purposes.", which became law without the approval of the Governor (Ga. Laws 1968, p. 1342), is hereby repealed in its entirety.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment offered by Mr. Townsend of the 25th was read and lost.

An amendment offered by Mr. McKinney of the 35th 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.

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2893

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, Marvin Alexander, W. H. Alien Beckham Bennett Berry Blackshear Brantley, H. L. Brown, C. Buck Burton Busbee Carlisle Carr Carrell Chance Cole Coleman Collins, M. Colwell Coney Council Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Egan Elliott Evans Ezzard Farrar Foster Fraser Geisinger Gignilliat Grahl Granthai.i

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. Irvin, R. Irwin, J. R. Jessup Johnson Jones Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W.
Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey
Mason Matthews, D. R. Mauldin McCracken McDonald Miles Milford

Those voting in the negative were Messrs.:

Berlin Bond Brown, S. P. Castleberry Daugherty Dickey

Edwards Floyd, J. H. Hamilton Hill, B. L. Howard Larsen, G. K.

Morgan Moyer Mulherin Murphy Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Pearce Peters Petro Phillips, G. S. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Smith, V. B. Snow Sweat Thomason Thompson Toles Triplett Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Willis Wilson, M. L.
McKinney Reaves Stephens Strickland Townsend Wilson, J. M.

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Those not voting were Messrs.:

Adams, J. H. Adams, John Alexander, W. M.
Atherton Bailey Bohannon Bostick Brantley, H. H. Bray Brown, B. D. Burruss Clark Collins, S. Dean, Gib

Dean, J. E. Dollar Duke Ellis Floyd, L. R. Jordan Knight Levitas Marcus Matthews, C. McDaniell Mullinax Northcutt Patten, J. K.

Phillips, L. L. Russell, W. D. Savage Shepherd Smith, J. R. Tucker Turner Twiggs Vaughn Ware Whitmire Williams Wood Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 120, nays 18.

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

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 318. By Messrs. Bostick of the 123rd, Strickland of the 116th, Harrison of the 116th and others:
A Bill to provide minimum salaries for clerks of the superior courts of the various counties within the State, to be paid from county funds.

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

SB 394. By Senator Kennedy of the 4th:
A Bill to amend an Act providing for municipal home rule, as amended, so as to authorize the legislative bodies of municipal corporations of this State to fix the compensation of its members.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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2895

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 following Senate substitute was read:

The Committee on County and Urban Affairs offers the following substitute to HB 823:
A BILL
To be entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. Laws 1959, p. 375), as amended, so as to authorize the judges of said judicial circuit to employ three full-time official court reporters; 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 providing a salary for the official court re porter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. Laws 1959, p. 375), as amended, is hereby amended by adding a new sec tion, immediately following Section 1, to be designated Section 1A, to read as follows:
"Section 1A. The judges of the Superior Court of the Clayton Judicial Circuit are hereby authorized to employ three official fulltime court reporters. The chief judge shall designate one of such court reporters to serve in and be available to the State Court of Clayton County without additional compensation; provided, how ever, he shall be entitled to such additional compensation as pro vided by law in civil and misdemeanor criminal cases."
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. Lee of the 68th moved that the House agree to the Senate substitute to HB 823.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 823 was agreed to.

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The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1. By Messsrs. Busbee of the 114th, Smith of the 91st, Murphy of the 18th 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 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.

The following report of the Committee of Conference was read:

CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1.

The Conference Committee on HB 1 recommends that the Senate and the House of Representatives both recede from their positions and that the attached Committee Substitute to HB 1 be adopted.

FOR THE SENATE
/s/ Frank E. Coggin Senator, 35th District
/s/ Hugh M. Gillis, Sr. Senator, 20th District
/s/ Terrell Starr Senator, 44th District

Respectfully submitted,
FOR THE HOUSE
/s/ George D. Busbee Representative, 114th District
/s/ Denmark Groover, Jr. Representative, 75th District
/s/ Burton M. Wamble Representative, 120th District

CONFERENCE COMMITTEE SUBSTITUTE TO HB 1

A BILL

To be entitled an Act to provide, from State appropriations, funds as grants to counties for county roads and maintenance; to provide that such funds shall be used as a credit on certain ad valorem taxes on tangible properties; to provide the procedures connected therewith; to provide how this Act shall remain in force; 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. Pursuant to the authority granted the General As sembly in Article VII, Section IX, Paragraph I(c) of the Constitution of Georgia (2-6201 (c)) and in order to provide for a more effective

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management and fiscal administration of the State and pursuant to Article VII, Section IX, Paragraph IV(b) of the Constitution of Georgia (2-6204 (b)), in order to provide funds to counties to aid in the con struction of county roads and maintenance thereof, and in addition to funds provided pursuant to other laws, there shall be allotted to each county annually for county road construction and maintenance an amount equal to $50 multiplied by the average daily attendance in the public school system or systems within such county. For the purposes of this Act, average daily attendance shall mean the number of pupils in average, daily attendance for the first fourth months of the immedi ately preceding school year. In the event any school system lies in more than one county or contains students from more than one county, the basis for allocating such system's average daily attendance between the counties so involved shall be the place of residence of the pupils used in compiling such average daily attendance.

Section 2. The State School Superintendent shall furnish to the appropriate State fiscal officers a certified listing of the average daily attendance figures for every county in the State. In the event said Superintendent is unable to obtain such figures for any county or coun ties, no payments under the provisions of this Act shall be made to such county or counties until such average daily attendance figures have been obtained and certified by said Superintendent.

Section 3. In order to provide better fiscal management, the funds provided pursuant to this Act are intended to be utilized for the relief of ad valorem taxation on tangible property and no county shall be en titled to receive any of the funds provided for in Section 1 of this Act unless and until:

(a) A credit against county ad valorem property taxes (levied and expended by the county governing authority) for all that tangible property which constitutes the "homestead" located within the county shall be granted by the governing authority of the county to each such homestead which shall equal the reduced ad valorem tax liability for such homestead which would have occurred if the ad valorem property tax exemption from State, county and school taxes for such homestead had been increased by $1,000 for the calendar year 1973 and if such increased exemption had remained in effect for each subsequent year thereafter in which this Act shall remain of force and effect; and

(b) If there remains a surplus from the funds allotted to such county by the provisions of this Act after complying with the provisions of (a) above, such remaining funds shall be used for the purpose of crediting pro rata the ad valorem county property taxes (levied and expended by the county governing authority) on all tangible property, except motor vehicles and trailers, located within the county by an aggregate which shall equal such remaining funds.

Section 4. The taxing authority of each county receiving funds pursuant hereto shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of credit against county ad valorem property taxes, which said taxpayer is receiving as a result of the funds herein allocated. The form of such notice shall be as pre scribed by the State Revenue Commissioner, who shall determine and

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certify to the appropriate State fiscal officer the amount of funds to which each county is entitled pursuant to this Act. The determination of the State Revenue Commissioner shall be final, and the appropriate State fiescal officer shall disperse the funds pursuant to such certifica tion.

Section 5. In the event the credit allowable pursuant to Section 3 (a) herein should be declared invalid or unconstitutional, then a credit shall be made pursuant to Section 3(b), as to the total funds appro priated pursuant to this Act.

Section 6. The provisions of this Act shall be repealed on the first day of July of any calendar year in which the General Assembly shall fail to appropriate by line item the funds necessary to provide for the allocations provided for by this Act.

Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming- law without his approval.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Busbee of the 114th moved that the report of the Committee of Con ference on HB 1 be adopted.

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 Berry Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Carlisle Carr Carrell Castleberry Chance Cole Coleman

Collins, M. Colwell Connell Davis, E. T. Davis, W. Dean, N. Dent Dollar Dorminy Edwards Ellis Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grantham Greer Groover Harden

Harrington Harris, J. P. Harrison Hays Hill, G. Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jordan Keyton King Knight Lambert Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lewis

Lowrey Mason Matthews, D. R. Mauldin McCracken McDaniell McDonald
Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Oxford Patten, G. C. Patten, R. L. Patterson

TUESDAY, MARCH 13, 1973

2899

Pearce Petro Phillips, G. S. Phillips, L. L.
Pinkston Reaves Ritchie
Roach Rogers Ross Rush Sams Shanahan Smith, J. R. Smith, V. B. Snow Strickland Sweat

Thomason Toles Triplett Tucker Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.

Adams, G. D. Alexander, W. H. Alexander, W. M. Atherton Beckham Bennett Berlin Blackshear Brown, B. D. Brown, S. P. Burruss
Burton Clark Collins, S. Coney Dean, Gib Dickey

Dixon Duke Egan Elliott Geisinger Grahl Hamilton Harris, J. R. Hawes Hill, B. L. Horton, G. T. Horton, W. L. Howard Irvin, R.
Jones Kreeger Lane, Dick

Larsen, G. K. Lee, W. S. Levitas Marcus McKinney
Nix Noble Odom Peters Rainey Russell, J. Russell, W D. Savage Stephens Thompson Townsend Wilson, J. M.

Those not voting were Messrs.:

Bond Daugherty Dean, J. E. Evans

Ezzard Logan Matthews, C. Northcutt

Shepherd Twiggs Mr. Speaker

On the motion, the ayes were 118, nays 51.

The motion prevailed and the report of the Committee of Conference on HB 1 was adopted.

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Mr. Bond of the 32nd requested to be recorded as voting "nay" on the motion to adopt the report of the Committee of Conference on HB 1.

Mr. Northcutt of the 68th requested to be recorded as voting "aye" on the motion to adopt the report of the Committee of Conference on HB 1.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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.

The following Senate 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 pro cedures, requirements and other matters relative to the foregoing; to provide 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:
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 related thereto.
Section 3. Definitions. As used in this Act unless the context clearly requires a different meaning:
(a) "Board" shall mean the State Board of Natural Resources.
(b) "Department" shall mean the Department of Natural Re sources.

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(c) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

(d) "Owner" means a person, other than a lien holder, having the property in or title to a vessel. The term inclueds a person entitled to the use of 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 to 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 include 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 naviagtion 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 renting, leasing, or chartering.

(1) "Dealer" shall meany 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 vessel using the waters of this State shall be numbered except those exempted by Section 5 of this Act. No person shall operate or give permission 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 system 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 identifying number set forth in the certificate of number is properly displayed on each side of the forward half of such vessel.

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Section 5. Exception 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 purposes. 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 a'so be exempt from numbering if it were subject to the federal law.

(h) Documented by the United States Coast Guard or a federal agency successor thereto.

(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 num bered by this Act shall file an application for number with the Depart ment on forms approved by it. Upon receipt of the application in ap proved 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 information 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

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order that it may be clearly visible. The number shall be maintained in legible condition and in contrasting color to the hull of the vessel. The certifcate 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. Pees for numbering 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 feet 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 ..... _ ____ ____________ $ 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 feet 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

_

(2) Vessels 16 to 26 feet in length

(3) Vessels 26 to 40 feet in length

(4) Vessels 40 feet in length or longer

...... .. $ 1.75 $ 4.00
.... _ ....$ 10.00 _ .........$ 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 $l.t)0 shall be liled with the Department and a new certificate of number shall be issued to the new owner in the same manner 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 hirthdate 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 trans fer 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 assignment of number. The number assigned shall be identical with the previous one unless it has been reassigned during the lapsed period.

(d) Conformity with federal numbering system: In the event that

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an agency of the United States Government shall have in force an over all system of identification (numbering) for vessels within the United States, the numbering system employed pursuant to this Act by the Game and Pish 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 unregistered vessels pursuant to this Act shall continue in full force and effect for a period of three years unless sooner terminated or dis continued in accordance with the provisions of this Act. Certificates of number 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 unless renewed pursuant to this Act.

The certificate of number of all vessels owned by other than indi viduals 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 ex piration 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

TUESDAY, MARCH 13, 1973

2905

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 displayed 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 vessels 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 Sectio.- 5 and the dealer may then be issued addi tional certificates of number for testing and demonstrating purposes at a reduced fee as provided by the Board. The amount of the reduced fee shall be determinetd by the Board and shall be a reasonable approxi mation 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 classifiaction.

(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 temporarily placed on vessels within the certificate's class range when ever such vessels are being tested or demonstrated and must be plainly marketd "DEALER". Such temporary placement of numbers shall be as the Board Khali provide by regulation.

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 Class 1 Class 2 Class 3

Less than 16 feet in length. 16 feet or over and less than 26 feet in length. 26 feet or over and less than 40 feet in length. 40 feet or more in length.

(b) Vessel lights: Every vessel in all weathers from sunset to sunrise 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 pro vided with an effiicent whistle or horn or other sound-producing me-

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JOURNAL OF THE HOUSE,

chanical 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 access ible, at least one U. S. Coast Guard approved personal flotation devicet 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) No 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 appropriate 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 effectually extinguishing burning gasoline, as may be prescribed by the regulations 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 arrestor: Every vessel shall have the carburetor or carburetors of every engine therein, except outboard motors using gaso line 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 effeciently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or flammable gases.

(i) Prohibition against operation of improperly equipped vessels: No person shall operate or give permission for the operation of a vessel which is not equipped as required by this Act or the rules and regula tions 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 hiring

TUESDAY, MARCH 13, 1973

2907

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 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 pro vided 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 immediately 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 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 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) Cood Samaritan clause: Any person complying with paragraph (a) of this Section who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident or other casualty without ob jection 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 assistance in providing or arranging salvage towage, medical treatment, or other assistance while the assisting person acts as a reasonably pru dent man would have acted under the same or similar circumstances.

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JOURNAL OF THE HOUSE,

(c) Accident report required: In the case of a reportable boating accident the operator, or if no operator, the owner of any vessel in volved shall file with the Department a full description of the accident including such information as said agency may, by regulation, require. If the operator or owner is incapable of making such report the inves tigating 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, 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 16. 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.

TUESDAY, MARCH 13, 1973

2909

(b) Exceed loading limits: No vessel shall be loaded beyond the recommended 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 retaining 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 in troduce extra or unusual 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 Department for permission to hold such regatta, race, parade, tour nament or exhibition. The application shall set forth the date, time and location where it is proposed to held such regatta, race, parade, tourna ment or exhibition, and such other information as the Department may require, and it shall not be conducted without authorization of the De partment.

(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. Unifor; State waterway marker system.

(a) Definitions: (1) "Aids to navigation" means buoys, beacons, or other fixed objects in the water which are used to mark obstructions to navigation 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, danger zone mark ers, 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 mine that such restriction is necessary in the interest of public safety. Areas restricted shall be identified by appropriate signs and markers, and all 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

2910

JOURNAL OF THE HOUSE,
navigation prescribed by the Coast Guard and to the system of uniform waterway markers approved by the Advisory Panel of State Officials to the Merchant 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 Direct 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) Inteference 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 regu'ations 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.
(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 occassioned by the negligent operation

TUESDAY, MARCH 13, 1973

2911

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 imme diate member of the owner's family. Nothing contained herein shall be construed 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 convenient 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 designated enforcement vessels.

(b) An officer empowered to enforce the provisions of this Act shall have the power:

(1) To arrest on view for any violation relating to boating and all rules and regulations prescribed by the Board under the pro visions 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 be-

2912

JOURNAL OF THE HOUSE,

lieves 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 peace officers.
(c) Vessels required to cooperate: Every vessel subject to this Act if underway and upon being hailed by a designated law enforcement officer 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 Patrolmen and Conservation Officers, are empowered to enforce the provisions of this Act. The State Game and Fish Division of The De partment of Natural Resources shall be primarily responsible for en forcement 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 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 a misdemeanor for any person operating a boat on the waters of this State while in an intoxicated condition or in a manner which disregards the safety of others, approved February 16, 1953 (Ga. Laws 1963, 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 January 1, 1974.
Section 27. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

TUESDAY, MARCH 13, 1973

2913

Mr. Adams of the 36th moved that the House agree to the Senate substitute to HB 332.

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 Berry Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee
Carlisle
Castleberry
Chance
Clark
Cole
Coleman
Collins, S.
Coney
Connell
Davis, E. T.
Davis, W.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dickey
Dollar
Dorminy

Duke Edwards Egan Ployd, J. H. Ployd, L. R. Foster Praser Geisinger Gignilliat Grahl Grantham Greer Harris, J. F. 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
Kreeger
Lambert
Lane, Dick
Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S.
Lewis
Lowrey
Marcus
Mason
McCracken
McDaniell

Miles Morgan Moyer Mulherin Nix Odom Oxford Patten, G. C. Patten, R. L. Peters Phillips, L. L. Rainey Reaves Ritchie Roach Ross Russell, J. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow
Stephens
Thomason
Thompson
Toles
Townsend
Triplett
Turner
Waddle
Walker
Wall
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wood

2914

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Bohannon Carr Dixon Harrington King

Lane, W. J. Larsen, W. W. Mauldin Milford Nessmith

Patterson Rush Sams Sweat Wilson, M. L.

Those not voting were Messrs.:

Beckham Berlin Bray Carrell Collins, M. Colwell Daugherty Elliott Ellis Evans Ezzard Farrar Groover Hamilton
Harden

Harris, J. E. Hawes Hill, B. L. Keyton Knight Levitas Logan Matthews, C. Matthews, D. R. McDonald McKinney Mullinax Murphy Noble

Northcutt Pearce Petro Phillips, G. S. Pinkston Rogers Russell, W. D. Strickland Tucker Twiggs Vaughn Wamble Ware Mr. Speaker

On the motion, the ayes were 122, nays 15.

The motion prevailed and the Senate substitute to HB 332 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 318. By Messrs. Bostick of the 123rd, Strickland of the 116th, 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.

The following Senate amendment was read:
The Senate Committee on Economy, Reorganization and Efficiency in Government offers the following amendment:
Amend HB 318 by adding at the end of the sentence ending with the word "service" on page 2, line 23 the following:

TUESDAY, MARCH 13, 1973

2915

", provided, however, that such increase shall not apply to any clerk whose minimum salary as set forth in Section 1 above exceeds $12,000 per annum. The provisions of this Section shall not be con strued to affect any provisions of local legislation 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."

Mr. Bostick of the 123rd moved that the House agree to the Senate amend ment to HB 318.

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 Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.

Dent Dollar Dorminy Edwards Ezzard Floyd, J. H. Ployd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Harrington Harris, J. F. Harrison Hays Hill, G. Horton, G. T. Howard Howell 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) Lewis Logan Lowrey Marcus Mason Matthews, C. McCracken McDaniell McKinney Miles Morgan Moyer Mulherin Nessmith Nix Oxford Patten, G. C. Patten, R. L. Peters Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat

2916
Thomason Thompson Toles Townsend Triplett

JOURNAL OF THE HOUSE,

Turner Vaughn Waddle Walker Wall

Wheeler, Bobby Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.:

Bohannon Brown, S. P. Burton Colwell Coney Dixon

Harris, J. R. Horton, W. L. Lee, W. S. Mauldin Milford Odom

Patterson Russell, J. Sams Whitmire Williams Wood

Those not voting were Messrs.:

Beckham Berry Buck Carrell Dickey Duke Egan Elliott Ellis Evans Farrar Gignilliat

Groover Hamilton Harden Hawes Hill, B. L. Knight Levitas Matthews, D. R. McDonald Mullinax Murphy Noble

Northcutt Pearce Petro Phillips, G. S.
Pinkston Russell, W. D. Strickland Tucker Twiggs Wamble Ware Mr. Speaker

On the motion, the ayes were 126, nays 18.

The motion prevailed and the Senate amendment to HB 318 was agreed to.

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

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.

An amendment, offered by Mr. Beckham of the 82nd, was read and with drawn by unanimous consent.

TUESDAY, MARCH 13, 1973

2917

The following amendment was read and adopted:

Mr. Beckham of the 82nd moves to amend HB 1115 by striking from page 2, lines 2 and 3 in subparagraph (b) the words "order, draft, note or other form of demand negotiable instrument" and by adding after " (c)" the words "with his consent".

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, 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 Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Colwell Coney

Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, G. Horton, G. T. Horton, W. L. Howell Hudson 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. Lewis Logan Lowrey Marcus Matthews, C. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Nessmith Nix Odom Oxford Patten, G. C. Patterson

2918
Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J.

JOURNAL OF THE HOUSE,

Sams Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Triplett Tucker

Turner Twiggs Vaughn Waddle 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.:

Bray Carrell Collins, S. Daugherty Dean, Gib Farrar Gignilliat Groover Hamilton
Hawes Hill, B. L. Howard

Hutchinson Knight Levitas Mason Matthews, D. R. McKinney Mullinax Murphy Noble Northcutt Patten, R. L. Petro

Phillips, G. S. Russell, W. D. Savage Smith, J. R. Strickland Townsend Walker Wall Wamble Ware, J. C. Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 143, nays 1.

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

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 prose cution in selecting juries for the trial of misdemeanor and 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 63, nays 34.

TUESDAY, MARCH 13, 1973

2919

The Bill, having failed to receive the requisite constitutional 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 constitutional ma jority to HB 465.

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 regu lations for tests shall require such tests to be made before children begin attending public schools; and for other purposes.

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

On the passage of the Bill, the 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. Burruss Busbee Carlisle Carrell

Castleberry Chance Clark Cole Coleman Collins, M. Colwell Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Evans Ezzard Floyd, L. R. Foster

Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Keyton King Kreeger

2920
Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin

JOURNAL OF THE HOUSE,

Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston
Rainey Reaves Roach Rogers Ross 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 Wamble Wheeler, Bobby Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.

Voting in the negative was Mr. J. E. McKinney.

Those not voting were Messrs.:

Brantley, H. L. Buck Carr Collins, S. Daugherty Dean, Gib Farrar Floyd, J. H. Fraser Hamilton Hawes Hill, B. L.

Hill, G. Horton, W. L. Jordan Knight Logan Mason Mullinax Murphy Nessmith Noble Phillips, G. S. Ritchie

Rush Savage Smith, V. B. Thomason Townsend Vaughn Wall Ware Whitmire Williams Wood 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. Hill of the 110th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 893, but had he been present would have voted "aye".

TUESDAY, MARCH 13, 1973

2921

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 181. By Messrs. McKinney of the 35th, Brown of the 89th, Shepherd of the 28th and others:
A Bill to be entitled an Act to amend an repeal certain laws of this State prohibiting or regulating the operation of business or the conduct of trade on Sundays; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 199) ; and by an Act approved January 30, 1964 (Ga. Laws 1964, p. 62) ; and by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771) ; and by an Act approved March 31, 1965 (Ga. Law 1965, p. 451) ; and by an Act approved March 10, 1966 (Ga. Laws 1966, p. 341) ; and by an Act which became effective without the signature of the Governor (Ga. Laws 1968, p. 1443) ; and by an Act which became effective without the signature of the Governor (Ga. Laws 1969, p. 1140) ; and by an Act approved March 10, 1972 (Ga. Laws 1972, p. 207), so as to provide that every county or municipality in the State of Georgia where the sale of distilled spirits or alcoholic beverages is authorized by law may, through proper resolution or ordinance, authorize the issuance of licenses to sell distilled spirits or alcoholic beverages for beverage purposes by the drink for consumption only on the premises under certain conditions; to change the provisions relating to sales on Sunday; to provide an effective date; to repeal con flicting laws; and for other purposes.
WHEREAS, the State of Georgia is now the second most popular of the thirteen southern states in travel and tourism; and
WHEREAS, the cities of Georgia have become major travel destina tions for domestic and international visitors and convention delegates; and
WHEREAS, the travel and convention industry contributes over $1 billion to the State's economy, and more than $72 million in tax revenue each year and gives jobs to more than 125,000 persons; and
WHEREAS, it is important to provide travelers and convention delegates with the usual conveniences and attractions to which they are accustomed; and
WHEREAS, it is also important that all segments of the travel

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JOURNAL OF THE HOUSE,
industry in Georgia, in every county and municipality, have equal opportunity to compete in the Georgia travel and convention market; and
WHEREAS, the availability of properly controlled spirituous, malt and vinous beverages by the drink has been a major asset to the growth of Georgia's travel and convention industry, as well as to the general economy of the State; and
WHEREAS, the citizens of each community should have the op portunity to judge the value of the travel and convention industry locally, and to thereupon decide which rules and regulations would best serve the community's interest; and
WHEREAS, many local businesses, their employees, their owners and the general economy of each local area of the State depend on the continued health of Georgia's travel and convention industry; and
WHEREAS, the continued economic health and growth of the Georgia travel and convention industry depends on maintaining a strong competitive advantage over other states, regions, and other countries of the world.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 199) ; and by an Act approved January 30, 1964 (Ga. Laws 1964, p. 62) ; and by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771); and by an Act approved March 31, 1965 (Ga. Laws 1965, p. 451) ; and by an Act approved March 10, 1966 (Ga. Laws 1966, p. 341) ; and by an Act which became effective without the signature of the Governor (Ga. Laws 1968, p. 1443) ; and by an Act which became effective without the signature of the Governor (Ga. Laws 1969, p. 1140); and by an Act approved March 10, 1972 (Ga. Laws 1972, p. 207), is hereby amended by striking subsections (a) and (b) of Section 31 in their entirety and inserting in lieu thereof new subsections (a) and (b) of Section 31 to read as follows:
"(a) Anything in this Act to the contrary notwithstanding every county or municipality in the State of Georgia where the sale of distilled spirits or alcoholic beverages is authorized by law may, through proper resolution or ordinance, authorize the issuance of licenses to sell distilled spirits or alcoholic beverages for beverage purposes by the drink, said sales to be for consumption only on the premises. Such resolutions or ordinances shall be adopted only after the authority to do so shall have been authorized pursuant to the procedures prescribed in subsection (d) of this Section.
(b) Every county and city as set forth in this Section shall have the full power and authority to adopt all reasonable rules

TUESDAY, MARCH 13, 1973

2923

and regulations governing the qualifications and criteria for issuance of any such license and shall further have the power and authority to promulgate reasonable rules and regulations governing the con duct of any licensee provided for in this Section, including but not being limited to the regulation of hours of business on all seven days of the week, types of employees, and other matters which may fall within the police powers of such municipalities or counties. Such powers and authority shall be exercised only after the authority to do so shall have been authorized pursuant to the procedures prescribed in subsection (d) of this Section. Licensees provided for in this Section, which may be permitted to serve distilled spirits or alcoholic beverages for consumption only on the premises on Sunday, shall be limited to the hours between 12:01 a.m. and 2:00 a.m.; except that those licensees deriving at least 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food, in all of the combined retail outlets of their individual establishments, may be permitted to serve distilled spirits or alcoholic beverages for consumption only on the premises between the hours of 2:00 p.m. and 12:00 o'clock midnight on Sunday."

Section 2. Said Act is further amended by striking Section 28 in its entirety and inserting in lieu thereof a new Section 28, to read as follows:

"Section 28. It shall be unlawful to sell any liquor in unbroken packages in any county or municipality specified by this Act between the hours of 12:00 o'clock, midnight, on Saturday night, until the hour of 12:00 o'clock, midnight, on Sunday night, at any time.

It is the purpose and intent of this section to prevent the sale of liquor in unbroken packages on Sunday, and any violation of same shall be a misdemeanor, by the buyer and/or the seller."

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.

An amendment offered by Mr. Alexander of the 38th 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:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Alexander, W. M. Berlin Berry Bond Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Buck Castleberry Clark Connell Daugherty Davis, W. Dean, J. E. Dent Dickey

Dixon Egan Elliott Ellis Farrar Geisinger Hamilton Harden Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Irvin, R. Irwin, J. R.

Larsen, G. K. Matthews, C. McKinney Moyer Noble Odom Pearce Petro Rogers Russell, J. Savage Snow Stephens Sweat Thompson Townsend

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Bailey Beckham Bennett Bohannon
Brantley, H. L.
Bray Burton
Carlisle
Carr Carrell
Chance
Cole
Coleman Collins, M.
Collins, S.
Colwell
Coney
Davis, E. T. Dorminy
Duke Floyd, L. R.
Foster
Gignilliat

Grahl Grantham Harris, J. F. Hill, G. Howard Howell Hudson Hutchinson Jessup Johnson
Jones Jordan King Kreeger Lane, W. J. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Lewis Logan Lowrey Matthews, D. R.
Mauldin McCracken McDaniell McDonald Mulherin Mullinax
Nix

Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, L. L. Pinkston Rainey Ritchie Roach
Ross Rush Sams Shanahan Smith, J. R. Smith, V. B.
Toles Triplett Twiggs Vaughn Waddle Walker Wall
Wheeler, Bobby Willis Wilson, J. M. Wilson, M. L.
Wood

TUESDAY, MARCH 13, 1973

Those not voting were Messrs.:

Atherton Blackshear Bostick Burruss Busbee Dean, Gib Dean, N. Dollar Edwards Evans Ezzard Floyd, J. H. Eraser Greer
Groover

Harrington Harrison Irvin, J. Keyton Knight Lambert Lane, Dick Levitas Marcus Mason Miles Milford Morgan Murphy
Nessmith

Phillips, G. S. Ross Russell, W. D. Shepherd Strickland Thomason Tucker Turner Wamble Ware Wheeler, J. A. Whitmire Williams Mr. Speaker

2925

On the passage of the Bill, by substitute, the ayes were 49, nays 87.

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

HB 395. By Messrs. Mulherin of the 81st, Alexander of the 39th, Blackshear of the 106th and others:
A Billl to be entitled an Act to establish the Georgia Peace Officer Standards and Training Council; to provide for its membership; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to establish the Georgia Peace Officer Standards and Training Council; to provide for its membership; to provide for the manner in which it shall conduct its business; to define certain terms; to prescribe the powers and functions of the Council; to provide for the administration of the policies and programs established by the Council; to establish minimum peace officer pre-employment standards; to establish minimum peace officer basic training standards; to provide the precedures connected therewith; to provide for the applica tion of the provisions of this Act; to except certain peace officers; to provide for the certification of sheriffs; to provide for limitation on powers of persons not complying with the provisions of this Act; to provide an effective date; to provide for severability; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

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Section 1. Short Title.--This Act shall be known as and may be cited as the "Georgia Peace Officer Standards and Training Act."

Section 2. Definitions.--For the purpose of this Act only and unless the context otherwise requires:

(a) "Candidate" means a prospective peace officer, who is em ployed by a law enforcement unit, and who is attending an approved school, and who has not yet been certified by the Council as having met the requirements of this Act.

(b) "Council" means Georgia Peace Officer Standards and Train ing Council.

(c) "Department head" means the head of any law enforcement unit.

(d) "Peace officer" means any officer or member of a law enforce ment unit employed by the Department of Public Safety, the Depart ment of Natural Resources, a municipality or a county, who has the power of arrest, and who is responsible for the enforcing of criminal laws of this State or its political subdivisions; sheriffs and other constitutional officers who hold elective office are not considered peace officers under the provisions of this Act except as hereinafter provided.

(e) "Law Enforcement Unit" means the officers of the Depart ment of Public Safety, the Department of Natural Resources, or any other State agency responsible for enforcement of criminal laws of the State, a police force or sheriff's office of a municipality or a county whose primary duty is detecting crime and enforcing the criminal laws of this State or its political subdivisions and whose employees are authorized to make arrests to enforce the laws of this State or its political subdivisions.

(f) "School" is any school, college, university, academy or training program approved by the Council and officers basic, in-service, and/or advanced or specialized law enforcement training which includes within its meaning a combination of course curriculum, instructors, and facili ties which meet the standards established by the Council.

(g) "Police Academy" is any school or training program approved by the Council whose primary purpose is the training of peace officers and said police academy offers the basic course, in-service, and/or advanced or specialized law enforcement training.

(h) "Certified Peace Officer" means a peace officer who has a certificate of certification issued by the Council, or in the case of peace officers who were employed as peace officers by a law enforcement unit prior to July 1, 1972, and who were still employed on July 1, 1972, as peace officers by a law enforcement unit; they shall have a certificate of exemption issued by the Council and shall have completed the inservice training requirements established by this Act.

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2927

The Chief of Police and/or Sheriff of any county may submit to the Council the name of a peace officer and such name submitted shall be conclusive proof that said individual is now a peace officer of a law enforcement unit within the provisions of Section 17. The Council shall issue a certificate of competency, provided said submission is done within 12 months from the effective date of this Act.

Section 3. Georgia Peace Officer Standards and Training Council; establishment; membership.--The Georgia Peace Officer Standards and Training Council is hereby established. The Council shall consist of twelve voting members and at least, but not limited to, three advisory members with no voting privileges and shall be composed as follows:

(a) The Attorney General of Georgia or his designee, the Com missioner of the Georgia Department of Public Safety or his designee, the President of the Georgia Association of Chiefs of Police or his designee, the President of the Georgia Sheriffs' Association or his designee, the President of the Georgia Municipal Association or his designee, the President of the Association of County Commissioners or his designee, and the President of the Peace Officers Association of Georgia or his designee, the Executive Director of the District Attorneys Association of Georgia or his designee, and the President of the Georgia Association o'f Criminal Justice Educators or his designee shall be ex officio members of the Council with full privileges.

(b) Three members shall be appointed by the Governor for terms of four years, their initial appointments, however, being one for a four-year term, one for a three-year term, and one for a two-year term. Appointments shall be made so that there are always on the Council the following persons who are appointed by the Governor:

(1) One chief of police, (2) One peace officers other than a chief of police, and (3) One county sheriff.

No person shall serve beyond the time he holds the office or employment by reason of which he was initially eligible for appointment or so designated. Vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. Any member may be appointed for additional terms.

The three appointees shall be chosen from three lists containing four names each which are to be submitted to the Governor by their respective professional organizations, i.e., the Georgia Association of Chiefs of Police, the Georgia Sheriffs' Association, and the Peace Officers Association of Georgia.

Prior to appointment, the sheriff, chief of police and peace officer members shall have had at least five years of experience in law enforce ment. The Governor, in appointing the three members, shall take into consideration representation by geography, population and other relevant factors in order that the representation on the Council will be apportioned to give representation to the State at large.

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Provided, however, if the Governor shall fail to make an appoint ment within 60 days following notification of the occurrence of a vacancy on the Council, then the remaining members of the Council may appoint a person to fill such vacancy as stipulated above.

(c) The Superintendent of the Georgia Police Academy or his designee, the Chairman of the State Crime Commission of Georgia or his designee, and the special agent in charge of the Atlanta Division of the F.B.I, or his designee, shall serve on the Council in an advisory capacity only.

(d) Membership on the Council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership.

Section 4. Same; officers; quorum; minutes; reports.--The business of the Council shall be conducted in the following manner:

(a) The Council at its initial meeting, which shall be held promptly after the appointment of its members, shall elect a chairman, a vicechairman, and a secretary-treasurer, from among its members who shall serve until the first meeting in the succeeding year. Thereafter, the chairman, vice-chairman and secretary-treasurer shall be elected at the first meeting of each calendar year.

(b) A simple majority of the voting members of the Council shall constitute a quorum for the transaction of business.
(c) The Council shall maintain minutes of its meetings and such other records as it deems necessary.
(d) The Council shall report at least annually to the Governor and to the General Assembly as to its activities.
Section 5. Same; compensation.--The members of the Council shall receive no salary but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of their func tions.
Section 6. Same; functions and powers.--The Council is vested with the following functions, povvers and responsibilities.
(a) To hold four regular meetings each year. Additional meetings may be held upon the written request by five members of the Council or at the call of the chairman;
(b) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such service, facilities, studies and reports to the Council as will best assist it to carry out its duties and responsibilities;
(c) To cooperate with and secure the cooperation of every depart-

TUESDAY, MARCH 13, 1973

2929

ment, agency, or instrumentality in the State government or its political subdivisions in the furtherance of the purposes of this Act;

(d) To approve schools and to prescribe minimum qualifications for instructors at approved schools and to train instructors;

(e) To determine whether a candidate has met the requirements of this Act and is qualified to be employed as a peace officer;

(f) To issue a certificate of certification to any person satisfactorily complying with the training program established in Section 10 and the qualifications for employment in Section 8;

(g) To do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it;

(h) To prescribe, by rules and regulations, the minimum require ments for curricula and standards composing the basic, in-service, ad vanced and specialized training courses in addition to those prescribed in Section 10;

(i) To adopt in accordance with the Georgia Administrative Pro cedure Act (Title 3A) such rules and regulations as are necessary or convenient to fully and adequately carry out the purposes and provisions of this Act, including but not limited to the following:

(1) To prescribe forms to be used by the law enforcement units in obtaining data required on a candidate, e.g., personal history, medical history, doctor's certificate, training certificate, or other forms that the Council deems necessary for record-keeping purposes under this Act;

(2) To establish administrative standards and procedures to be implemented by law enforcement units under this Act;

(3) To establish the degree of proficiency a candidate must achieve to satisfactorily complete the basic training course and the in-service training requirements under this Act;

(4) To establish a degree of proficiency by which certification would be maintained through regular and periodic in-service train ing;
(5) To establish administrative standards and procedures whereby certification previously issued by the Council may be re voked.
(j) To employ a director and such staff personnel as may be neces sary to fully and adequately perform the duties and execute the powers granted to the Council by this Act;

(k) To issue certificates of competency to peace officers who, by

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reason of experience and completion of in-service, advanced educational or specialized training, are especially qualified for particular aspects or classes of police work;

(1) To promulgate rules and regulations for the administration of this Act;

(m) To adopt and amend bylaws, consistent with law, for its in ternal management and control;

(n) To issue certificates of exemption to all peace officers who were employed as peace officers by law enforcement units prior to July 1, 1970, and who were still employed on July 1, 1970, as peace officers by a law enforcement unit. The certificate of exemption shall exclude said peace officer from the provisions of Sections 8, 10, and 12 of this Act only.

(o) To investigate all cases in which noncompliance with the pro visions of this Act is found, and to make public such information when in the opinion of the Council it is determined to be in the best interest of all parties concerned and the general public.

Section 7. Administration of Act by Department of Public Safety.-- The policies and programs of the Council shall be administered by the Department of Public Safety as provided in the Executive Reorganiza tion Act of 1972 (Ga. Laws 1972, Chapter 16, Section 1606, p. 1060), except as otherwise provided herein. The Council's staff, clerical and technical assistants and other personnel, supplies, material, equipment, and other articles necessary for the purposes of this Act, shall be pro vided by the Department of Public Safety. The funds necessary to carry out the provisions of this Act shall come from the funds appropriated to and available to the Department of Public Safety, and from any other available funds. The Council is hereby authorized to accept and use gifts, grants and donations for the purpose of carrying out the provisions of this Act. The Council is also authorized to accept and use property, both real and personal, and services, for the purpose of carrying out the provisions of this Act.

Section 8. Qualifications for peace officers.--After the effective date of this Act, any person employed or certified as a peace officer shall:
(a) Be at least 18 years of age;
(b) Be a citizen of the United States;
(c) Have a high school diploma or its recognized equivalent;
(d) Not have been convicted, by any State or by the Federal Government, of any crime, the punishment for which could have been imprisonment in the Federal or State prison or institution; nor shall he have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law;

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2931

(e) Be fingerprinted and a search made of local, State and national fingerprint files to disclose any criminal record;

(f) Possess good moral character as determined by investigation under procedure established by the Council;

(g) Have an oral interview with the hiring authority or his representative(s) to determine such things as applicant's appearance, background and ability to communicate;

(h) Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his exercising the powers or duties of a peace officer. This examination shall include a battery of psychological tests and/or a polygraph test; said test battery shall be determined by the Council.

(i) The above qualifications are not meant to preclude certification of peace officers who were employed as peace officers by a law enforce ment unit prior to July 1, 1970.

Section 9. Certification of personnel from other agencies.-- Personnel of other State agencies who have the power of arrest, and who are responsible for the enforcing of criminal laws of this State or its political subdivisions, may at their discretion, be certified as peace officers under the provisions of this Act provided they meet the qualifications for employment in Section 8 and comply with the training program established by the Council in Sections 10, 12 and 20 of this Act as amended or hereinafter may be amended.

Section 10. Basic course of instruction.--In addition to complying with preemployment standards, as set forth above, each and every candidate shall satisfactorily complete a course of study of such length and content as prescribed by the Council; and as the Council may deem necessary and appropriate to further and upgrade the law enforcement profession and at the same time meet the unique needs of the various law enforcement units involved, but shall not be less than or limited to, 240 hours, hereinafter referred to as "basic" course, within 12 months of the date of his appointment as a peace officer; however, an extension of the 12 months' time limit may be granted by the Council upon the presentation of evidence by a department head that a candidate was unable to complete the basic course due to illness, injury, military service, or other reasons deemed sufficient by the Council. Any such extension shall not exceed three months in duration. The Council shall have the authority to recognize instruction received by a candidate if, in the determination of the Council, such instruction is at least equivalent to that required by this Act and the candidate passes an appropriate proficiency examination approved by the Council to include police proficiency areas. Should any candidate fail to successfully complete the basic training requirements within the time specified in this Section, he shall not perform any of the duties of a peace officer involving the power of arrest until such training shall have been success
fully completed.

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Section 11. Admittance to police academies limited.--Only those persons who are or are to be employed by law enforcement units or are to be engaged in law enforcement or other State agencies whose primary duty is to be the enforcement of criminal laws of this State or the political subdivisions thereof and to have the power of arrest may be admitted to police academies for law enforcement training courses.

Section 12. Basic course to be completed at a police academy approved by the Council, or other approved school.--The basic course shall be completed at a police academy approved by the Council, or any other school approved by the Council which provides the courses as established by the Council, and shall include a basic Red Cross First Aid Course.
Section 13. Exemptions of certain courses, subjects and in structors.--Police science or police administration courses or subjects which are a part of the curriculum of any accredited college, university, or junior college of this or other states and all full-time instructors of such institutions shall be exempt from the provisions of Sections 6(d) and 12 of this Act.

Section 14. Additional training requirements.--The provisions of this Act establish only the minimum qualification standards and train ing requirements for peace officers in this State; each law enforcement unit is encouraged to prescribe such additional requirements as it deems necessary and appropriate.

Section 15. Employment records.--Each law enforcement unit shall prepare duplicate records to include the results of all tests and medical examinations on any candidate on peace officer employed under the provisions of this Act as may be prescribed by the rules and regulations of the Council. One copy of the record shall be maintained in the headquarters of the law enforcement unit; the second copy shall be forwarded to the Council. The contents of these records, except for court proceedings, shall be considered as confidential.

Section 16. Act not applicable to presently employed peace of ficers.--None of the provisions of this Act shall apply to peace officers who were employed as peace officers by a law enforcement unit prior to July 1, 1972, and who were still employed on July 1, 1972, as peace officers by a law enforcement unit, except as hereinafter specified. Peace officers who fall in this category may choose to be certified under this Act, and if so, the Council shall have the authority to recognize equivalent instruction received by the peace officer before July 1, 1972; if such instruction is recognized then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this Act. After July 1, 1972, no peace officer may be employed, except as otherwise provided in this Act, by any law enforcement unit without certification from the Council that the candidate has met the require ments provided for in this Act.

Section 17. Act not applicable to emergency peace officers.--The provisions of this Act shall not apply to emergency peace officers. "Emergency peace officers" shall mean any peace officers who are employed or appointed to act as peace officers during an emergency

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2933

or disaster, which has been so declared by the chief executive officer of the State or of a municipality or county, and whose status as a peace officer is intended to be temporary and for that limited purpose.

The provision of this Act shall not be applicable to special deputy sheriffs, duly approved by the Sheriff, properly bonded, that are mem bers of the "Sheriff's Posse" or "Sheriff's Reserves" of any county, provided the approval to organize such "Reserve" or "Posse" is first obtained from the Grand Jury of the county involved.

Section 18. Requirements for special deputies, part-time and auxiliary officers.--Special deputies, part-time and auxiliary officers, or other officers of such type, by whatever name known, who serve with or without compensation must meet the provisions of this Act if they have the power of arrest or if they are used in any capacity other than specified in Section 17 which involve exercising the emergency powers and duties of a peace officer. However, it is not intended that Section 26 apply to these individuals.
Section 19. Certification of sheriffs.--Any sheriff who holds an elective officer or elective sheriff may, at his request, be certified as a peace officer under the provisions of this Act if said sheriff or elective sheriff complies with and meets the provisions of this Act as set forth in subsections (a), (b), (c), (d), (e), (f), (h), of Section 8, Section 10 and Section 12 of this Act as herein amended or may hereafter be amended. This Section shall not be construed as requiring the cei-tification of any sheriff holding an elective office or any candidate for the office of sheriff. The election to seek certification under the provisions of this Act shall be exercised by said sheriff holding an elective office or elective sheriff acting, in his sole discretion, and failure of any such sheriff to become certified shall not affect such sheriff's ability to seek reelection to or hold the office to which he was duly elected or seeks election.
Section 20. In-service training.--All peace officers shall be required to take in-service training at a rate, not less than or limited to, 20 hours per year or 40 hours every two years at a school approved by the Council or at such other locations as the Council may deem necessary and appropriate. Any peace officer who fails to take such in-service training shall lose his certification and shall no longer be considered a peace officer within the meaning of this Act, and said peace officer shall forward his identification card to the Executive Director of the Council in the manner prescribed in Section 24 of this Act. For all peace officers who have a certificate of certification or a certificate of exemption which was issued prior to the effective date of this Act, the requirement for peace officer in-service training shall begin one year after the effective date of this Act. For peace officers employed on or after the effective date of this Act, the requirement for in-service training shall begin one year after the completion date of the basic course.
Section 21. Reemployment of peace officers.--Any peace officer who resigns, is fired or who for any other reason fails to remain employed as a peace officer by a law enforcement unit shall have 90 days in which to return to employment with a law enforcement unit

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JOURNAL OF THE HOUSE,

and still retain his certification or exempt status. After the 90-day period said person's certificate of certification or his certificate of exemption shall be forfeited and said person may not be employed by any law enforcement unit without certification from the Council that said candidate has met all requirements provided for in this Act.

Section 22. Peace officer identification cards. Peace officers re quired to carry ID cards.--Except as hereinafter provided, every peace officer in this State shall be required to have in his possession, at all times, a valid peace officer's identification card, and shall, upon re quest, present such card to any person seeking to verify the identity of said peace officer. Peace officers engaged in undercover investigations shall not be required to carry such cards while engaged in such activities. Such cards shall be issued to peace officers who are employed in accordance with the provisions of this Act, as same may now or here after be amended; not to exclude sheriffs or other constitutional officers or officials, whether elected or appointed, who have the power of arrest.

Section 23. Contents and issuance of peace officer identification cards.--The Council shall by rules and regulations specify the content and manner of issuance of peace officer identification cards and shall include such information as the Council may deem necessary or proper to adequately identify and verify said peace officer.

Section 24. Certain peace officers to forfeit cards.--Any peace officer who resigns, loses his certification, is fired, or any sheriff or other constitutional officer or official who fails to win reelection, or who, for any other reason, fails to remain a peace officer with powers of arrest shall immediately transmit or surrender the peace officer identification card which has been issued to him to the employing' agency and said agency shall notify the Executive Director of the Council of such forefeiture, in writing, within five days.

Section 25. Certain cards contraband.--Any peace officer identifica tion card in the possession of any person who fails to meet the qualifica tions for issuance of said card or the retention of a card under the provisions of this Act is hereby declared to be contraband and forfeited to the Council. Any such card may be seized by any peace officer and upon seizure shall immediately be transmitted to the Executive Director of the Council. The Executive Director of the Council shall retain such card, pending any legal action taken against the person possessing such card and upon the completion of such action, or upon the expiration of the statute of limitations for such offense, shall destroy such card.

Section 26. State grants to local law enforcement units.--The State shall pay to all local law enforcement units that employ one or more certified peace officers, (sheriffs to be included for count purposes only), a grant according to the following schedule:

(1) For those certified peace officers whose present annual salary is less than $6,000.00 annually, the State shall pay a salary grant in the amount of the difference between the present annual salary and $6,000.00, but not to exceed $1,200.00 annually per certified peace officer.

TUESDAY, MARCH 13, 1973

2935

(2) For certified peace officers whose present annual salary is:
$ 6,000.00 to $ 6,999.99 $ 7,000.00 to $ 7,999.99 $ 8,000.00 to $ 8,999.99 $ 9,000.00 to $ 9,999.99 $10,000.00 to $10,999.99 $11,000.00 to $11,999.99 $12,000.00 to $12,999.99

State grant shall be, per year, per certified peace officer:
$600.00 $575.00 $550.00 $500.00 $500.00 $500.00 $500.00

(3) For those local law enforcement units which have an educational incentive program based on the acquisition of a college degree(s) and pay, in addition to base salary, a salary increase based solely on the acquisition of a college degree (s), the State shall pay to said local law enforcement unit one-half of the annual amount of said monies paid under such program by local law enforcement units, but not to exceed $500.00 per individual certified peace officer annually.

Provided that, in addition to the above schedule, salary grant monies shall be contingent upon the following:

(i) that no certified peace officer's salary be reduced because of a State salary grant;

(ii) that no certified peace officer's regularly scheduled salary increases be withdrawn or withheld because of a State salary grant;

(iii) that no employing agency reduce its law enforcement expenditures solely because of State salary grant monies;

(iv) that local enforcement units receiving State salary grant monies report to the Georgia Crime Information Center in the manner prescribed by law;

(v) that local law enforcement units receiving State salary trant monies fully comply with the provisions of this Act; and,

(vi) that no local law enforcement unit shall receive State salary grant monies as prescribed herein, after July 1, 1976, unless said local law enforcement unit employs five or more certified peace officers, and/or candidates whose certification is pending.

For computational purposes, present salary shall be based on the salary paid the previous fiscal year for said position or rank and monies granted or paid to certified peace officers as expenses for equipment or other purposes shall not be considered as salary. Salary grant monies shall be used for the said and sole purpose of a salary supplement for certified peace officers. In no case shall the salary for a certified peace officer in the State of Georgia be less than $500.00 per month. The provisions of this Section shall not be construed to reduce the salary of any certified peace officer or as requiring a reduction. The provisions of this Section shall exclude sheriffs except as otherwise provided herein.

2936

JOURNAL OF THE HOUSE,

Peace officers who have a certificate of exemption shall, after having complied with the provisions of Section 20 of this Act within one year of the effective date of this Section, be eligible to receive the salary grant monies retroactive for the fiscal year during which he successfully complied with Section 20. This Section is not meant to preclude those counties which have only one (1) law enforcement unit from being eligible for salary supplement monies.

Section 27. Effect of failure to comply with Act.--Any peace officer who is not in compliance with the provisions of this Act shall not be authorized to exercise the powers of law enforcement offcers, generally, and particularly shall not be authorized to exercise the powers of arrest, and any arrest so made shall be deemed illegal, and any proceeding under it null and void.

Section 28. The Georgia Peace Officers Standards and Training Act, approved March 10, 1970 (Ga. Laws 1970, p. 208), is hereby repealed in its entirety.

Section 29. This Act shall become effective on July 1, 1973.

Section 30. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 31. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were road and adopted:
Mr. Lee of the 1l4t,h moves to amend the Committee substitute io HB 395 by deleting Section 2(> in its entirety and rennmbeHnp; l.lio remaining sections accordingly.
Mr. Lee of the 114th moves to amend the Committee substitute to HB 395 by striking the figure "240" on line 24 of page 10 and inserting in lieu thereof the figure "114".
Mr. Lee of the 114th moves to amend the Committee substitute to HB 395 by changing the figure "20" as same appears on line 17 of page 14 to the figure "10" and by changing the figure "40" as same appears on line 17 of page 14 to the figure "20".
Mr. Larsen of the 102nd moves to amend HB 395, Committee substi tute, by striking Section 27 and substituting in lieu thereof the following:

TUESDAY, MARCH 13, 1973

2937

"Section 27. Compliance or non-compliance with this Act shall not in any way affect the validity of an arrest by a peace officer."

The following amendment was read:
Mr. Walker of the 100th moves to amend HB 395, by substitute, by adding1 a new section to be numbered Section 32 and to read as follows:
"Notwithstanding any other provision of this Act, nothing herein shall be deemed or construed to apply to any municipality of less than 3,000 population according to the 1970 United States census or anv 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.

Bobannon Bostick Brantley, H. I,. Carr Castleberry Collins, M. Dorminy Edwards Ezzard Floyd, J. H. Foster Grantham Groover' Ilarringloi! Harris. .( V
Tlf,\-

Howell Hudson Irvin, J. Irwin, J. R. Jessup Keyton Lane, W. J. Larsen, W. W. Lewis Mauldin McDonald Milford Moycr Nessmil.h Oxford
t-'iitron. If I.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Beckham Berlin Berry Blackshear Bond

Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Chance Clark

Patterson Phillips, L. L. Rainey Reaves Rush Smith, J. R. Snow Strickland Turner Waddle Walker Ware Wheeler, Bobby Wheeler, J. A. Wilson, M. T,
Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, ,T. E. Dent Duke

2938
Elliott Ellis Evans Parrar Floyd, L. R. Geisinger Grahl Hamilton Harden Harris, J. R. Harrison Hawes Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Hutchinson Irvin, R. Johnson Jones Jordan King Kreeger Lambert

JOURNAL OF THE HOUSE,

Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey > Marcus Mason Matthews, C. Matthews, D. R. McCracken McDaniell McKinney Morgan Mulherin Noble Northcutt Odom Patten, G. C. Peters Petro Phillips, G. S. Pinkston Ritchie

Roach Rogers Ross Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, V. B. Stephens Sweat Thompson Toles Townsend Tucker Twiggs Vaughn Wall Wamble Whitmire Williams Willis Wilson, J. M. Wood

Those not voting were Messrs.:

Adams, J. H. Atherton Bailey Bennett Burruss Carrell Cole Coleman Dean, N. Dickey

Dixon Dollar Egan Fraser Gignilliat
Greer Howard Knight Levitas

Miles Mullinax Murphy Nix Pearce Savage Thomason Triplett Mr. Speaker

Due to mechanical failure, the vote of Mr. Brown of the 67th did not record.

On the adoption of the amenndment, the ayes were 47, nays 104.

The amendment was lost.

The following amendment was read and adopted:
Mr. Coleman of the 102nd moves to amend the Committee substitute to HB 395 by adding on page 4, line 4, after the word "designee" the

TUESDAY, MARCH 13, 1973

2939

following words: "the executive director of the State Crime Commission or his designee".

An amendment offered by Mr. Collins of the 45th was read and lost.

The following amendment was read and adopted:
Mr. Jordan of the 58th moves to amend the Committee substitute to HB 395 as follows:
By inserting in the title, following the words "of this Act", on line 14 of page 1, the following:
"; to provide for the reimbursement of the Department of Pub lic Safety, counties and municipalities for certain expenses under certain conditions".
By renumbering Sections 28, 29, 30 and 31 as Sections 29, 30, 31, and 32 respectively.
By adding, following Section 27, a new Section, to be designated Section 28, to read as follows:
"Section 28. In the event that the State Department of Public Safety or any county or municipality expends public funds for the purpose of paying the salary and expenses of any person while attending the basic course of instruction required by Section 10 of this Act and such person leaves the employment of the Depart ment, the county, the municipality or any officer or official thereof to accept employment with any other county, municipality, law enforcement agency or officer or official thereof within one year fol lowing the date of the completion of such basic course of instruction, the Department of Public Safety of such county or municipality shall be reimbursed for such salary and expenses by the Department or any county, municipality, other law enforcement agency or any officer or official thereof employing such person in the capacity of a peace officer. The amount of any such reimbursement shall be paid from public funds."

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:

2940

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Atherton Bennett Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brown, B. D. Brown, S. P. Burruss Burton Busbee Carr Clark Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey

Dixon Dollar Duke Elliott Ezzard Farrar Floyd, J. H. Floyd, L. R. Geisinger Grahl Greer Hamilton Harden Harris, J. F. Harris, J. R. Hawes Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Johnson Jordan
Kreeger Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S.

Marcus Mason Matthews, C. McKinney Miles Morgan Moyer Mulherin Nix Noble Patten, G. C. Petro Ritchie Rogers Russell, J. Russell, W. D. Shepherd Stephens Strickland Sweat Tsompson Toles Turner Vaughn Waddle Walker Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H. Alien Brantley, H. L. Bray Brown, C. Carlisle Castleberry Chance Cole Coleman Collins, M. Colwell Dorminy Edwards Ellis
Foster
Fraser
Gignilliat
Grantham
Groover

Harrington Harrison Hays Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jones Keyton King Lane, Dick Lane, W. J. Larsen, W. W. Lewis
Lowrey
Matthews, D. R.
Mauldin
McCracken
McDaniell

McDonald Milford Mullinax Nessmith Northcutt Odom Oxford Patten, R. L. Patterson Phillips, G. S. Phillips, L. L. Rainey Roach Ross Rush Shanahan
Smith, V. B.
Snow
Townsend
Twiggs
Wall

Wamble Ware Wheeler, Bobby

TUESDAY, MARCH 13, 1973

2941

Whitmire Williams Willis

Wilson, M. L. Wood

Those not voting were Messrs.:

Alexander, W. M. Bailey Beckham Bostick Buck Carrell Dean, Gib Egan Evans

Jessup Knight Levitas Logan Murphy Pearce Peters Pinkston Rush

Sams Savage Smith, J. R. Thomason Triplett Tucker Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 83, nays 71.

The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Mulherin of the 81st served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional majority to HB 395, by substitute, as amended.

HB 430. By Messrs. Brown of the 34th, Patten of the 123rd, Russell of the 53rd 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 of the State Office of Housing Section; 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, J. H. Adams, John Adams, Marvin

Alexander, W. H. Berlin Berry

Blackshear Bond Brantley, H. H.

2942
Brown, B. D. Brown, C. Brown, S. P. Burton Carlisle Clark Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Elliott Evans Ezzard Farrar Floyd, L. R. Geisinger Greer

JOURNAL OF THE HOUSE,

Hamilton Harden Harris, J. R. Hawes Hill, B. L. Horton, G. T. Horton, W. L. Howell Johnson Larsen, G. K. Larsen, W. W. Lee, W. S. Lewis Logan Lowrey Marcus Matthews, C. Mauldin McKinney Morgan Mulherin Noble

Northcutt Odom Patten, G. C. Pearce Petro Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Rogers Russell, J. Russell, W. D. Savage Shanahan Shepherd Smith, V. B. Thompson Tucker Vaughn Wamble

Those voting in the negative were Messrs.:

Adams, G. D. Alexander, W. M. Alien Bennett Bohannon Brantley, H. L. Carr Castleberry Cole Coleman Collins, M. Collins, S. Colwell Dorminy Floyd, J. H. Foster Grantham Harrington

Harris, J. F. Harrison Hays Howard Hudson Hutchinson Irvin, J. Irwin, J. R. Jones Kreeger Lambert Lane, Dick Lane, W. J. Mason Matthews, D. R. McDaniell McDonald Mullinax

Those not voting were Messrs.:

Atherton Bailey Beckham Bostick Bray Buck Burruss

Busbee Carrell Chance Dean, Gib Dixon Dollar Duke

Nessmith Nix Oxford Patten, R. L. Patterson Rush Stephens Strickland Toles Turner Twiggs Waddle Wheeler, Bobby Wheeler, J. A. Willis Wilson, J. M. Wood
Edwards Egan Ellis Eraser Gignilliat Grahl Groover

TUESDAY, MARCH 13, 1973

2943

Hill, G. Irvin, R. Jessup Jordan Keyton King Knight Lee, W. J. (Bill) Levitas McCracken

Miles Milford Moyer Murphy Peters Rainey Ross Sams Smith, J. R. Snow

Sweat Thomason Townsend Walker Wall Ware Whitmire Williams Wilson, M. L. Mr. Speaker

Due to mechanical failure, the vote of Mr. Reaves of the 124th did not record.

On the passage of the Bill, the ayes were 74, nays 53.

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

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 1181. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend Code Section 92-3315, relating to the collection of tax out of assets of a dissolved corporation, so as to provide that the State Revenue Commissioner shall not have the right to bring any action against a person holding assets of a dissolved cor poration for the payment of income taxes except in certain cases; and for other purposes.

The following amendment was read and adopted:
Mr. Larsen of the 102nd moves to amend HB 1181 by adding after the word "person" on line 21, page 1, and after the same word on line 23, page 2, the following language: "who is a bona fide purchaser for value of a grantee of such a bona fide purchaser for value".

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:

2944

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Bennett Berlin Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burton Busbee Carlisle Carr Carrell
Castleberry
Chance
Cole
Coleman
Collins, M.
Collins, S.
Colwell
Coney
Connell
Daugherty
Davis, E. T.
Davis, W.
Dean, Gib
Dean, N.
Dent
Dickey
Dollar
Duke
Edwards
Egan
Elliott
Ellis
Ezzard
Farrar
Floyd, L. R.

Foster Gignilliat Grantham 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. Irwin, J. R. Jessup
Johnson
Jones
Jordan
Keyton
Kreeger
Lambert
Lane, Dick
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
Morgan
Moyer

Mulherin Mullinax Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Rogers Ross Rush Russell, J. Sams
Shanahan
Smith, J. R.
Smith, V. B.
Snow
Stephens
Strickland
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

Voting in the negative was Mrs. Clark.

TUESDAY, MARCH 13, 1973

2945

Those not voting were Messrs.:

Adams, John Atherton Beckham Berry Blackshear Bond Bostick Buck Burruss Dean, J. E. Dixon Dorminy Evans Floyd, J. H.

Fraser Geisinger Grahl Greer Groover Hill, B. L. Irvin, R. King Knight Lane, W. J. Levitas McCracken McKinney Murphy

Nessmith Peters Petro Rainey Reaves Russell Savage Shepherd Sweat Thomason Townsend Tucker 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 movi/len-1

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 46. By Mr. Groover of the 75th: A Bill 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.
The Senate has passed by the requisite constitutional majority, the following Bill of the Senate, to-wit:
SB 393. By Senator Broun of the 46th: A Bill to amend Code Chapter 53-2, relating to marriage licenses as amended, so as to provide for the preparation of a marriage manual.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

2946

JOURNAL OF THE HOUSE,

HB 704. By Messrs. Adams and Smith of the 74th, Brown and Carlisle of the 67th:
A Bill 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 At torney.

The Senate insiste on its substitute to the following Bill of the House, to-wit:

HB 265. By Messrs. Levitas of the 50th and Vaughn of the 57th: A Bill to provide for the payment of relocation and replacement housing expenses of any person or family displaced by a Federal-aid project.
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 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.

The following amendments were read and adopted:
Mr. Atherton of the 19th moves to amend HB 439 as follows:
On page 1, line 20, section 1, subsection (B), delete in its entirety.
On page 2, line 5, section 1, subsection (H), delete in its entirety.
On page 2, line 9, section 1, subsection (I), delete in its entirety.
Mr. Murphy of the 18th moves to amend HB 439 by striking from line 17 and line 18 the following words:
"include, but not".
Mr. Atherton of the 19th 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

TUESDAY, MARCH 13, 1973

2947

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 Alexander, W. H. Atherton
Bailey Beckham Bennett Berlin Brantley, H. H. Bray Brown, C. Burruss Burton Busbee Carrell Chance Collins, S. Coney Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dickey

Dixon Dollar Duke Egan Elliott Ezzard Farrar Floyd, L. R. Hamilton Harris, J. F. Harris, J. R. Hill, G.
Horton, G. T. Horton, W. L. Howard Hutchinson Irvin, R. Johnson Jordan Kreeger Larsen, G. K.
Lee, W. J. (Bill) Lee, W. S. Levitas

Logan Marcus Mason McDaniell McDonald Morgan Moyer Nix Noble Odom Patten, G. C. Russell, W. D. Savage Shepherd Snow Stephens Sweat Waddle Walker Wall Wamble
Wheeler, J. A. Wilson

Those voting in the negative were Messrs. :

Adams, G. D. Adams, Marvin Alien Bohannon Brantley, H. L. Carlisle Carr Castleberry Cole Coleman Colwell Davis, E. T. Dean, N. Dorminy Edwards Floyd, J. H. Foster Grahl Grantham Harden Harrington

Harrison Hays Hudson Irwin Jones Keyton Lane, Dick Lane, W. J. Lewis Lowrey Matthews, D R. Mauldin McCracken Milford Mullinax Nessmith North cutt Oxford Patten, R. L. Patterson Peters

Phillips, L. L. Rainey Roach Rogers Ross Rush Shanahan Smith, J. R. Smith, V. B. Strickland Thompson Toles Triplett Turner Twiggs Wheeler, Bobby Whitmire Williams Willis Wood

2948

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Berry Blackshear Bond Bostick Brown, B. D. Brown, S. P Buck Clark Collins, M. Dent Ellis Evans Fraser Geisinger Gignilliat

Greer Groover Hawes Hill, B. L. Howell Irvin, J. Jessup King Knight Lambert Larsen, W. W. Matthews, C. McKinney Miles Mulherin Murphy

Pearce Petro Phillips, G. S. Pinkston Reaves Ritchie Russell, J. Sams Thomason Townsend Tucker Vaughn Ware Wilson, M. L. Mr Speaker

On the passage of the Bill, as amended, the ayes were 71, nays 62.

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.
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 204-832. By Messrs. Brown and Carlisle of the 67th: A Resolution relieving the sureties on certain bonds with certain courts of Spalding County; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin

Alexander, W. H. Alexander, W. M Atherton Bailey

Bennett Berlin Bohannon Bostick

Brantley, H. H. 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, Gib Dean, J. E. Dean, N
Dent
Dickey
Dixon
Dollar
Dorminy
Duke
Edwards
Egan
Elliott
Ezzard
Farrar
Floyd, J. H.
Floyd, L. R.
Foster
Fraser
Gignilliat
Grahl
Grantham
Greer
Groover
Hamilton
Harden

TUESDAY, MARCH 13, 1973

2949

Harrington Harris, J. F. Harrison Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R Jessup Johnson Jordan Keyton King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
McCracken
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. Shanahan Shepherd Smith, J. R. Smith, V. B. Snow
Stephens
Sweat
Thompson
Toles
Townsend
Triplett
Turner
Twiggs
Vaughn
Waddle
Walker
Wall
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M
Wood

Those voting in the negative were Messrs.:

Horton, W. L.

Lee, W. S.

Matthews, D. R.

2950

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alien Beckham Berry Blackshear Bond Brantley, H. L. Bray Brown, B. D. Buck Coleman

Ellis Evans Geisinger Harris, J. R. Hawes Irvin, R. Jones Knight Lambert Larsen, W. W.

Le vitas Murphy Sams Savage Strickland Thomason Tucker Wilson, M. L. Mr. Speaker

On the adoption of the Resolution, the ayes were 148, nays 3.

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

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.

An amendment, offered by Mr. Ware of the 65th, was read and lost.

An amendment, offered by Mr. Triplett of the lllth, was read and lost.

The following amendments were read and adopted:
Messrs. Carr of the 90th and Bennett of the 124th move to amend HB 1054 by adding the following:
"Provided, however, the provisions of this Act shall not apply to counties of 3,000 population or less, according to the latest U. S. Census.".
Mr. Patten of the 124th moves to amend HB 1054 as follows:
Strike line 3, page 2.

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

TUESDAY, MARCH 13, 1973

2951

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

Those voting in the affirmative were Messrs.

Adams, John Alexander, W H. Bailey Bennett
Berlin Berry Bostick Brown, B. D. Burton Carlisle Carr Clark Coney Connell Daugherty Dean, J. E. Dean, N. Dickey Dorminy Duke

Evans Ezzard Hamilton Harris, J. F. Hays Horton, G. T. Howell Hudson Hutchinson Irwin, J. R. Jessup Johnson Kreeger Lambert Lewis Logan Lowrey McKinney Morgan Northcutt

Oxford Patten, G. C. Pearce Phillips, L L. Pinkston Rainey Ritchie Roach Rogers Ross Russell, J. Smith, J. R. Snow Stephens Toles Ware Wheeler, J. A. Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Alien Beckham Bohannon Brantley, H. H. Brown, C. Castleberry Chance Collins, M. Collins, S.
Davis, W.
Dixon
Dollar
Egan
Elliott
Ellis
Farrar
Floyd, J. H.
Floyd, L. R.
Foster
Fraser
Gignilliat

Grahl Grantham Groover Harris, J. R. Hill, G. Horton, W. L. Jones Jordan Keyton Lane, Dick Lane, W. J.
Larsen, G. K.
Lee, W. S.
Mason
Matthews, D. R.
Mauldin
McCracken
McDonald
Milford
Moyer
Mulherin
Nessmith

Noble Odom Patten, R. L. Patterson Peters Phillips, G. S. Russell, W. D. Shanahan Smith, V. B. Strickland Sweat
Townsend
Triplett
Turner
Vaughn
Waddle
Walker
Wall
Wheeler, Bobby
Whitmire
Williams
Willis

2952

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Atherton Blackshear Bond Brantley, H. L. Bray Brown, S. P. Buck Burruss Busbee Carrell Cole Coleman Colwell Davis, E. T. Dean, Gib Dent

Edwards Geisinger Greer Harden Harrington Harrison Hawes Hill, B. L. Howard Irvin, J. Irvin, R. King Knight Larsen, W. W. Lee, W. J. (Bill) Le vitas Marcus Matthews, C.

McDaniell Miles Mullinax Murphy Nix Petro Rush Sams Savage Shepherd Thomason Thompson Tucker Twiggs Wamble Wood Mr. Speaker

Due to mechanical failure, the vote of Mr. Reaves of the 124th did not record.

On the passage of the Bill, as amended, the ayes were 59, nays 67.

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.
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 following amendment was read and adopted:
Mr. Howard of the 19th moves to amend the Committee substitute to HB 706 by striking subsection "h" from Section I.

The following amendment was read:
Mr. Adams of the 14th moves to amend the Committee substitute to HB 706 by adding a new sentence on line 27, page 2, to read as follows:
"Golf courses, both public and private, and state, county, mu nicipal or private amusement parks excepted."

TUESDAY, MARCH 13, 1973

2953

The following amendment to the Adams amendment was read and adopted:

Mr. Brown of the 87th moves to amend the Adams amendment to the Committee substitute to HB 706 as follows:

By substituting for the word "excepted", the words:

"shall be allowed to remain open on Sunday".

The Adams amendment, as amended, was adopted.

An amendment, offered by Mr. Horton of the 56th, was read and lost.

An amendment, offered by Mr. Logan of the 62nd, was read and lost.

An amendment, offered by Messrs. Mulherin of the 81st and Sams of the 83rd, was read and lost.

An amendment, offered by Mr. Brantley of the 22nd, was read and lost.

An amendment, offered by Mr. Elliott of the 49th, was read and withdrawn by unanimous consent.

The following amendment was read:
Messrs. Nix and McDaniell of the 20th move to amend the Com mittee substitute to HB 706 by deleting Section (G) (1) on 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, John Alexander, W. M. Alien Beckham Bohannon Brantley, H. H. Brantley, H. L.

Carrell Coleman Colwell Dixon Dorminy Duke Gignilliat

Grahl Harris, J. F. Hays Hill, G. Horton, W. L. Howard Hudson

2954
Irvin, R. Jones Jordan King Kreeger Lane, W. J. Lewis Lowrey Matthews, D. R. McDaniell Miles Mulherin

JOURNAL OF THE HOUSE,

Nessmith Nix Patten, G. C. Patterson Ritchie Ross Rush Sams Savage Shanahan Smith, V. B. Snow

Stephens Toles Triplett Walker Wall Wamble Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. H. Bailey Bennett Berry Bond Bostick Brown, C. Brown, S. P. Burton Busbee Carlisle Carr Chance Cole Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dickey Dollar Egan Elliott Evans Ezzard

Farrar Foster Fraser Geisinger Grantham Greer Hamilton Harden Harrington Harris, J. R. Hawes Hill, B. L. Horton, G. T. Howell Hutchinson Irwin Jessup Johnson Keyton Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Marcus Mason Matthews, C. Mauldin

McCracken McDonald Milford Morgan Moyer Mullinax Noble Odom Oxford Patten, R. L. Pearce Peters Phillips, G. S. Phillips, L. L.
Pinkston Roach Rogers Russell, J. Russell, W. D. Smith, J. R. Sweat Townsend Turner Twiggs Vaughn Ware Wheeler, Bobby Wheeler, J. A. Wilson, M. L.

Those not voting were Messrs.:

Adams, J. H. Atherton Berlin Blackshear Bray

Brown, B. D. Buck Burruss Castleberry Clark

Cole Collins, M. Dean, J. E. Dent Edwards

Ellis Floyd, J. H. Floyd, L. R. Groover Harrison Irvin, J. Knight

TUESDAY, MARCH 13, 1973

2955

Lambert McKinney Murphy Northcutt Petro Rainey Reaves

Shepherd Strickland Thomason Thompson Tucker Waddle Mr. Speaker

On the adoption of the amendment, the ayes were 56, nays 89.

The amendment was lost.

The following amendments were read and adopted:
Mr. Groover of the 75th moves to amend the Committee substitute to HB 706 by adding to Section 1 (e) the following:
"and the operation of concessions normally incident thereto.".
Mr. Carr of the 90th moves to amend the Committee substitute to HB 706 as follows:
Strike the following words from Section 1, page 2, line 27:
"after 12:30 P.M. Sunday"
and place a period after the word permitted.
Mr. Dickey of the 89th moves to amend the Committee substitute to HB 706 as follows:
On page 2, line 12, change "five" to "three".

An amendment, offered by Mr. Lambert of the 97th, was read and withdrawn by unanimous consent.

The following amendment was read and adopted:
Messrs. McDonald of the 12th and Bray of the 66th move to amend the Committee substitute to HB 706 as follows:
Section 1, subsection (5), page 2, line 20, by placing a period after the word "manufacturing" on line 20 and strike lines 21, 22, 23, and 24.

2956

JOURNAL OF THE HOUSE,

An amendment, offered by Mr. Wall of the 61st, was read and lost.

The following amendment was read and adopted:
Mr. Adams of the 14th moves to amend the Committee substitute to HB 706 by adding on line 4, page 2, following the word "restaurants" the following: "bakeries,".

An amendment, offered by Mr. Wall of the 61st, was read and withdrawn, by unanimous consent.

An amendment, offered by Mr. Mullinax of the 65th, was read and withdrawn by unanimous consent.

An amendment, offered by Mr. Levitas of the 50th, was read and withdrawn by unanimous consent.

The following amendments were read and adopted:
Mr. Moyer of the 99th moves to amend the Committee substitute to HB 706 as follows:
On page 2, after subparagraphs 5, add subparagraph 6 to read:
(6.) Persons engaged in farming and farm related professions.
Mr. Coney of the 89th moves to amend the Committee substitute to HB 706 as follows:
In Section IE, page 2, add "provided, however, that no "X" rated or "R" rate moves may be shown on Sunday.
Mr. Hawes of the 43rd moves to amend the Committee substitute to HB 706 as follows:
By adding to Section 1 (c) the following:
"; provided nothing contained herein shall prohibit the opera tion of bait and tackle shops at any time.".

Mr. Sweat of the 125th moved that the House reconsider its action in adopt ing the amendment offered by Mr. Dickey of the 89th.

TUESDAY, MARCH 13, 1973

2957

On the motion to reconsider, 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. Bailey Beckham Berry Bohannon Bond Brown, S. P.
Busbee Carr Cole Coelman Collins, M. Daugherty Dean, N. Dent Dixon Dollar Duke Egan
Elliott Farrar Foster Geisinger

Grahl Grantham Groover Hawes Hays Hill Howard Hudson Irvin, R. Johnson Keyton Kreeger Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Lowrey Marcus Matthews, D. R. McDaniell Miles Milford Morgan Mulherin Nix

Northcutt Patten, G. C. Patterson Pearce Peters Phillips, G. S. Pinkston Reaves Rush Sams Smith, V. B. Snow Stephens Sweat Thompson Toles Waddle Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood

Those voting in the negative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Alien Bennett Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Burton Carlisle Castleberry Chance Clark Collins, S. Colwell Coney Connell Davis, E. T.

Davis, W. Dean, Gib Dean, J. E. Dickey Dorminy Edwards Evans Ezzard Floyd, J. H. Floyd, L. R. Fraser Gignilliat Greer Harden Harrington Harris, J. F. Harris, J. R. Harrison Hill, G. Horton, G. T.

Horton, W. L. Howell Hutchinson
Irvin, J. Irwin, J. R. Jessup Jones Jordan Lambert Lane, Dick Lane, W. J. Levitas Lewis
Logan Mason Matthews, C. Mauldin McCracken McKinney Moyer

2958
Mullinax Nessmith Noble Odom Oxford Patten, R. L. Petro Phillips, L. L. Ritchie

JOURNAL OF THE HOUSE,

Roach Rogers Ross Russell, W. D. Savage Shanahan Smith, J. R.
Townsend Triplett

Tucker Twiggs Vaughn Walker Wall Willis Wilson, J. M.
Wilson, M. L.

Those not voting were Messrs.:

Atherton Berlin Blackshear Bostick Brown, B. D. Burruss Carrell

Ellis Hamilton King Knight McDonald Murphy Rainey

Russell, J. Shepherd Strickland Thomason Turner Mr. Speaker

On the motion, the ayes were 74, nays 86.

The motion to reconsider the adoption of the Dickey amendment was lost.

Mr. Howard of the 19th moved that the House reconsider tis action in failing to adopt the amendment, previously offered, by Messrs. Nix and McDaniell of the 20th.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Beckham Bohannon Carr Castleberry Chance Cole Coleman Collins, M. Davis, W.
Dent

Dorminy Duke Edwards Floyd, J. H. Floyd, L. R. Foster Gignilliat Grahl Groover Harris, J. F. Hawes Hays Horton, W. L. Howard
Hudson

Irvin, R. Irwin, J. R. Jones Jordan Kreeger Lane, W. J. Larsen, W. W. Lewis Logan Lowrey McDaniell Miles Morgan Mulherin
Nix

Patten, G. C. Patterson Rush Sams Smith, V. B. Snow

TUESDAY, MARCH 13, 1973

Stephens Toles Triplett Twiggs Waddle Walker

Wall Wamble Whitmire Williams Wilson, J. M. Wood

2959

Those voting in the negative were Messrs.:

Adams, J. H. Alexander, W. H. Bailey Bennett Berry Bond Brantley, H. H. Brantley, H. L.
Brown, C. Brown, S. P. Buck Burton Busbee Carlisle
Clark Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, N. Dickey Dixon Dollar Egan Elliott Evans Ezzard Farrar Fraser

Geisinger Grantham Greer Harden Harrington Harris, J. R. Harrison Hill, B. L. Hill, G. Horton, G. T. Howell Hutchinson Irvin, J. Jessup Johnson Keyton King Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. Le vitas Marcus Mason Matthews, C. Mauldin McCracken McDonald McKinney Milford Moyer

Mullinax Nessmith Noble Northcutt Odom Oxford Patten, R. L. Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Rogers Ross Russell, W. D. Savage Shanahan Shepherd Smith, J. R. Sweat Thompson Townsend Tucker Vaughn Ware Wheeler, Bobby Wheeler, J. A. Willis Wilson, M. L.

Those not voting were Messrs.:

Atherton Berlin Blackshear Bostick Bray Brown, B. D. Burruss

Carrell Dean, J. E. Ellis Hamilton Knight Matthews, D. R. Murphy

On the motion, the ayes were 63, nays 96.

Rainey Russell, J. Strickland Thomason Turner Mr. Speaker

2960

JOURNAL OF THE HOUSE,

The motion was lost and the House refused to reconsider its action in failing to adopt the Nix and McDaniell amendment.

Mr. Groover of the 75th moved that the House reconsider its action in adopt ing the amendment, offered by Mr. Coney of the 89th.

The motion to reconsider was lost.

Mr. Rush of the 104th moved that HB 706, and all amendments and sub stitutes 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. M. Beckham Bennett Berry Bohannon Bond Brantley, H. H. Carrell Chance Cole Coleman Collins, M. Colwell Davis, E. T. Davis, W.
Dean, J. E. Dent Dollar Dorminy Duke Elliott Farrar Floyd, J. H.

Foster Grantham Greer Harris, J. F. Harris, J. R. Harrison Hawes Hill, B. L. Howard Hutchinson Irvin, J. Irvin, R. Keyton King Kreeger Larsen, W. W. Levitas Logan Lowrey Marcus Mason McCracken Miles Mullinax

Nix Oxford Patten, G. C.
Patterson Pearce Phillips, G. S. Phillips, L. L.
Ross Rush Russell, W. D. Sams Shanahan Snow Stephens Thompson Toles Turner Twiggs Wamble Wheeler, Bobby Whitmire Williams Willis Wood

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Alexander, W. H. Alien

Bailey Berlin Blackshear Bostick

Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P.

Buck Burton Busbee Carlisle Carr Castleberry Clark Collins, S. Coney Connell Daugherty Dean, Gib Dean, N. Dickey Dixon Edwards Egan Evans Ezzard Ployd, L. R. Fraser Geisinger Gignilliat Grahl Groover Harden

TUESDAY, MARCH 13, 1973

2961

Harrington Hill, G. Horton, G. T. Horton, W. L. Howell Hudson Irwin, J. R. Jessup Johnson Jones Jordan Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Lewis Mauldin McDaniell McDonald McKinney Milford Morgan Mover

Mulherin Nessmith Noble Northcutt Odom Patten, R. L. Peters Petro Pinkston Ritchie Roach Rogers Savage Shepherd Smith, V. B. Sweat Townsend Triplett Vaughn Waddle Walker Wall Wheeler, J. A. Wilson, J. M. Wilson, M. L.

Those not voting were Messrs.:

Atherton Bray Burruss Ellis Hamilton Hays

Knight Matthews, C. Matthews, D. R. Murphy Rainey Russell, J.

Smith, J. R. Strickland Thomason Tucker Ware Mr. Speaker

On the motion, the ayes were 74, nays
The motion to table was lost.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

2962

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Berlin Blackshear Bostick Brantley, H. L. Brown, C. Brown, S. P. Burton Busbee Carr Castleberry Clark Collins, M. Collins, S. Coney Dickey Dixon Egan

Evans Ezzard Groover Harrington Hawes Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howell Irwin, J. R. Jordan Lambert Lane, W. J. Larsen, G. K. Lee, W. S. Lewis Logan Marcus Mason

Matthews, C. Mauldin McDonald Milford Moyer Nessmith Noble Odom Patten, R. L. Petro Pinkston Reaves Roach Russell, J. Sweat Turner Vaughn Waddle Walker Wilson, M. L.

Those voting in the negative were Messrs.:

Adams, J. H. Adams, Marvin Alexander, W. M. Alien Bailey Beckham Bennett Berry Bohannon Bond Brantley, H. H. Brown, B. D. Buck Carlisle Chance Cole Coleman Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dollar Dorminy Duke Elliott

Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Harden Harris, J. F. Harris, J. R. Harrison Hays Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Keyton King Kreeger Larsen, W. W. Lee, W. J. (Bill) Levitas Lowrey

McCracken McDaniell Morgan Mulherin Mullinax Nix Northcutt Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Rogers Ross Rush Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Thompson Toles Townsend Triplett Tucker

Twiggs Wall Ware

TUESDAY, MARCH 13, 1973

2963

Wheeler, Bobby Whitmire Williams

Willis Wilson, J. M. Wood

Those not voting were Messrs.:

Atherton Bray Burruss Carrell Edwards Ellis Hamilton

Knight Lane, Dick Matthews, D. R. McKinney Miles Murphy Rainey

Ritchie Shepherd Strickland Thomason Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 60, nays 99.

The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Dean of the 17th stated that he had been called from the floor of the House when the roll was called on the passage of HB 706, by substitute, as amended, but had he been present would have voted "aye".

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.

The Committee amendment was read and withdrawn by unanimous consent.

The following substitute, offered by Mr. Mulherin of the 81st, was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the Executive Board of the Georgia World Congress Center, approved March 16, 1972 (Ga. Laws 1972, p. 245), so as to provide that no member of the present Execu tive Board or any future Executive Board shall be eligible for employ ment with the Georgia World Congress Center; to provide that all bud gets for personnel and operating expenses of the Georgia World Congress Center shall be submitted to and approved by the General Assembly of

2964

JOURNAL OF THE HOUSE,

Georgia; to provide that the Attorney General shall be the legal counsel for the Georgia World Congress Center; to provide that it shall be the duty of the Attorney General to represent the Georgia World Congress Center in the acquisition of land and all other matters requiring legal representation; 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 Executive Board of the Georgia World Congress Center, approved March 16, 1972 (Ga. Laws 1972, p. 245), is hereby amended by adding a new Section, to be known as Sec tion 1A, to read as follows:

"Section 1A. No member of the present Executive Board or any future Executive Board shall be eligible for employment with the Georgia World Congress Center."

Section 2. Said Act is further amended by adding a new Section, to be known as Section 2A, to read as follows:

"Section 2A. All budgets for personnel and operating expenses of the World Congress Center shall be submitted to and approved by the General Assembly of Georgia. The budgets submitted by the Executive Board of the World Congress Center shall be reviewed and approved in the same manner as budgets for State departments submitted by the Governor."

Section 3. Said Act is further amended by adding a new Section, to be known as Section 2B, to read as follows:

"Section 2B. The Attorney General shall be the legal counsel for the World Congress Center and it shall be the duty of the At torney General to represent the World Congress Center in the ac quisition of land and all other matters requiring legal represen tation."

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:

TUESDAY, MARCH 13, 1973

2965

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Bennett Berlin Berry Blackshear Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Chance Clark Cole Collins, M. Collins, S. Colwell Coney Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy
Egan
Elliott
Farrar

Floyd, J. H. Floyd, L. R. Fraser Gignilliat Grahl Greer Groover Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hill, G. Horton, G. T. Horton, W. L. Howell Hutchinson Irvin, R. Irwin, J. R. Jessup Johnson Jordan King Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDonald McKinney Miles Milford
Morgan
Moyer

Mulherin Murphy Nessmith Northcutt Odom Oxford Patten, G. C. Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Roach Ross Rush Russell, W. D. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Stephens Sweat Toles Townsend Triplett Turner Twiggs Vaughn 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.:

Adams, J. H. Castleberry Connell Edwards Geisinger

Grantham Harden Hudson Irvin, J. Keyton

Mullinax Patten, R. L. Rogers Tucker

2966

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Atherton Beckham Bohannon Brantley, H. L. Burruss
Carrell Coleman Duke Ellis Evans Ezzard Foster

Hays Hill, B. L. Howard Jones Knight
Larsen, G. K. Larsen, W. W. Levitas Logan Matthews, D. R. McDaniell Nix

Noble Patterson Ritchie Russell, J. Sams
Snow Strickland Thomason Thompson Wamble Ware Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 130, nays 14.

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

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.

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 152, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
SB 119. By Senator Barker of the 18th:
A Bill to be entitled an Act to amend Code Chapter 95-18, relating to safe and unsafe railroad crossings, so as to eliminate the designation of safe crossings and to provide that all public highways which cross the main line of any railroad at grade, shall be designated as an unsafe crossing; and for other purposes.

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

TUESDAY, MARCH 13, 1973

2967

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

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

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 maintain ing free from obstruction the ports, seaports or harbors 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 146, nays 0.

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

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.

The following Committee substitute was read :
A BILL
To be entitled an Act to amend an Act creating the "Georgia Ports Authority", approved March 9, 1945 (Ga. L. 1945, p. 464), as amended by an Act approved February 1, 1955 (Ga. L. 1955, p. 120), as amended by an Act approved February 29, 1960 (Ga. L. 1960, p. 150), and as amended by an Act approved March 14, 1966 (Ga. L. 1966, p. 457), so as to change the membership comprising said Authority; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the "Georgia Ports Authority", ap proved March 9, 1945 (Ga. L. 1945, p. 464), as amended by an Act approved February 1, 1955 (Ga. Laws 1955, p. 120), as amended by an

2968

JOURNAL OF THE HOUSE,

Act approved February 29, 1960 (Ga. L. 1960, p. 150), and as amended by an Act approved March 14, 1966 (Ga. L. 1966, p. 457), is hereby amended by striking the words, "The Authority shall consist of seven members to be appointed by the Governor, one of whom shall be a resident of the First Congressional District as it is now constituted, and another from the Eighth Congressional District as it is now con stituted, and five other members shall be selected from the State at large." from Section 2 and inserting in lieu thereof the words:

"The Authority shall consist of seven members to be appointed by the Governor from the State at large."

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

An amendment offered by Mr. Thompson of the 86th was read and lost.

The following amendment was read:
Mr. Pearce of the 87th moves to amend SB 72, Committee substitute, by adding between "governor" and "from" on line 24, page 1, the follow ing:
"one each from the counties of Eichmond, Chatham, Glynn, Decatur and Muscogee and two of whom shall be selected".

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. Beckham . Bennett Berry Bond Bostick Buck Burton Carr Coleman Collins, M. Collins, S. Connell Davis, E. T.

Davis, W. Dean, Gib Dean, J. E. Dent Elliott Farrar Floyd, L. R. Geisinger Grantham Harden Hays Horton, G. T. Howard Hudson Hutchinson Irvin, R. King Lane, Dick

Lane, W. J. Larsen, W. W. Logan Mason Matthews, C. Mauldin McDaniell McKinney Miles Milford Moyer Mulherin Nessmith Nix Noble Patten, G. C. Patten, R. L. Pearce

Rogers Rush Sams Shanahan Shepherd Smith, V. B.

TUESDAY, MARCH 13, 1973

2969

Snow Stephens Thompson Tucker Twiggs Waddle

Walker Wall Wamble Wheeler, Bobby Willis

Those voting in the negative were Messrs.:

Adams, John Alien Atherton Bailey Blackshear Bohannon Bray Brown, C. Burruss Carlisle Chance Clark Cole Coney Daugherty Dickey Dorminy
Duke
Egan
Ellis
Ezzard
Foster
Gignilliat
Grahl

Greer Groover Hamilton Harrington Harris, J. R. Hill, B. L. Hill, G. Horton, W. L. Howell Irvin, J. Irwin, J. R. Johnson Jones Jordan Kreeger Larsen, G. K. Lee, W. J. (Bill)
Lee, W. S.
Levitas
Lowrey
Marcus
McDonald
Mullinax

Murphy Northcutt Odom Patterson Peters Phillips, L. L. Pinkston Rainey Ritchie Roach Ross Russell, J. Russell, W . D. Toles Triplett Turner Vaughn
Ware
Whitmire
Williams
Wilson, J. M.
Wilson, M. L.
Wood

Those not voting were Messrs.:

Berlin Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, S. P. Busbee Carrell Castleberry Colwell Dean, N. Dixon Dollar Edwards

Evans Floyd, J. H. Eraser Harris, J. F. Harrison Hawes Jessup Keyton Knight Lambert Lewis Matthews, D. R. McCracken

Morgan Oxford Petro Phillips, G. S. Reaves Savage Smith, J. R. Strickland Sweat Thomason Townsend Wheeler, J. A. Mr. Speaker

2970

JOURNAL OP THE HOUSE,

On the adoption of the amendment, the ayes were 71, nays 70.

The amendment was adopted.
Mr. Groover of the 75th moved that the House reconsider its action in adopt ing the Pearce amendment and the motion prevailed.

On the re-adoption of the Pearce 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. M. Berry Bostick Buck Burton Castleberry Coleman Collins, S. Connell Davis, E. T. Davis, W. Dent Farrar Floyd, L. R.

Geisinger Grantham
Harden Howard Howell Hudson King Lane, Dick Lane, W. J.
Lewis Logan Marcus Matthews, C. McDaniell Milford

Moyer Mulherin Nix Pearce Rogers Sams Shepherd Stephens Thompson Tucker Twiggs Waddle Walker Wheeler, Bobby Willis

Those voting in the negative were Messrs.

Adams, Marvin Alexander, W. H. Alien Bailey Bennett Berlin Blackshear Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, C. Burruss Busbee Carlisle Carr Chance

Clark Cole Coney Daugherty Dean, Gib Dickey Dollar Dorminy Duke Elliott Ellis Ezzard Foster Fraser Gignilliat Grahl Greer

Groover Hamilton Harrington Harris, J. R. Hawes Hays Hill, G. Horton, W. L. Hutchinson Irvin, J. Irvin, R. Irwin, J. R.
Jessup Johnson Jones Jordan Kreeger

TUESDAY, MARCH 13, 1973

2971

Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Le vitas Lowrey Mason Mauldin McDonald Morgan Mullinax Murphy Nessmith Patten, G. C.

Patten, R. L. Patterson Peters Phillips, L. L. Pinkston Rainey Ritchie Roach Ross Rush Russell, J.
Savage Shanahan

Smith, J. R. Smith, V. B. Toles Triplett Turner Vaughn Wall Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, John Atherton Beckham Bond Brown, B. D. Brown, S. P. Carrell Collins, M. Colwell Dean, J. L. Dean, N. Dixon Edwards Egan Evans

Floyd, J. H. Harris, J. F. Harrison Hays Hill, B. L. Horton, G. T. Keyton Knight Lambert Larsen, W. W. Matthews, D. R. McCracken McKinney Miles Noble

Northcutt Odom Oxford Petro Phillips, G. S. Russell, W. D. Snow Strickland Sweat Thomason Townsend Wamble Ware Mr. Speaker

On the re-adoption of the Pearce amendment, the ayes were 46, nays 90.

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:

2972

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 Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L.
Bray Brown, C. Burruss Burton Busbee Carlisle Carr Chance
Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Dean, Gib Dean, N. Dickey Dollar Dorminy Duke Elliott Ellis Ezzard Floyd, J. H. Floyd, L. R. Foster

Fraser Geisinger Gignilliat Grahl Grantham
Greer Groover Hamilton Harrington Harris, J. F. Harrison Hawes Hays Hill, G. Horton, W. L. Howard Howell Hudson 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. Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald Milford Morgan Moyer Mulherin

Mullinax Murphy Nessmith Nix
Noble Northcutt Odom Patten, G. C. Patten, R. L. Patterson Peters Phillips, L. L. Pinks ton Rainey Reaves Ritchie Roach Ross Rush Russell, J. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Stephens Thompson Toles Triplett Turner Twiggs Vaughn 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.:

Adams, J. H. Berry Buck Castleberry Davis, E. T.

Davis, W. Dent Harden Harris, J. R. King

Pearce Rogers Russell, W. D. Sams

TUESDAY, MARCH 13, 1973

2973

Those not voting were Messrs.:

Bond Brown, B. D. Brown, S. P. Carrell Daugherty Dean, J. E. Dixon Edwards Egan Evans Farrar
Hill, B. L.

Horton, G. T. Hutchinson Keyton Knight Lambert Larsen, W. W. Levitas Matthews, D. K. McCracken McKinney Miles
Oxford

Petro Phillips, G. S. Snow Strickland Sweat Thomason Townsend Tucker Wamble Ware Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 131, nays 14.

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

Mr. Pearce of the 87th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to SB 72, by substitute.

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, 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; to amend Code Chapter 56-18, relating to nonprofit medical service corporations, so as to provide that podiatrists shall have the same rights, benefits, privileges and responsibilities as doctors of medicine and surgery and doctors of dental surgery as pro vided in said Code Chapter; to clarify the provisions of said Code Chapter as regards the status of dentists; to provide that nonprofit medical service corporations may contract with persons, firms and corporations to provide a system of comprehensive health care and may contract with providers of health care; to provide for all matters relative to the foregoing; 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:

2974

JOURNAL OF 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 Bennett Berlin Blackshear Bohannon Bond Bostick
Brantley, H. L.
Bray
Borwn, C.
Buck
Burruss
Burton
Carlisle
Chance Clark
Coleman
Connell Davis, E. T.
Davis, W. Dean, Gib
Dean, N.
Dent
Dixon Dollar Duke
Elliott Ellis
Evans Floyd, J. H.
Floyd, L. R.

Fraser Geisinger Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Horton, W. L. Howard
Hudson
Irvin, J.
Jones
Keyton
King
Kreeger
Lane, Dick
Larsen, G. K.
Larsen, W. W. Lee, W. J. (Bill)
Levitas Lewis
Logan
Lowrey
Marcus Mason Matthews, C.
Mauldin McDaniell
Morgan
Moyer Mulherin Mullinax

Nix Noble Odom Oxford Patten, R. L. Patterson Pearce Peters Phillips, G. S. Rainey Reaves Roach Rogers Rush
Russell, J.
Russell, W. D. Shepherd
Smith, J. R.
Smith, V. B.
Snow
Stephens
Sweat Thompson
Toles
Triplett
Turner
Vaughn
Waddle Walker Wall
Wheeler, Bobby
Wheeler, J. A. Whitmire
Willis
Wilson, J. M.
Wilson, M. L.
Wood

Those voting in the negative were Messrs. :

Alexander, W. H. Beckham Berry Carr Castleberry Collins, S.

Coney Edwards Ezzard Irwin, J. R. Johnson

Lane, W. J. Lee, W. S. Sams Twiggs Williams

TUESDAY, MARCH 13, 1973

2975

Those not voting were Messrs.:

Brantley, H. H. Brown, B. D. Brown, S. P. Busbee Carrell Cole Collins, M. Colwell Daugherty Dean, J. E. Dickey Dorminy Egan Parrar Foster Gignilliat Groover
Harrison

Hill, B. L. Hill, G. Horton, G. T. Howell Hutchinson Irvin, R. Jessup Jordan Knight Lambert Matthews, D. R. McCracken McDonald McKinney Miles Milford Murphy

Nessmith Northcutt Patten, G. C. Petro Phillips, G. S. Pinkston Ritchie Ross Savage Shanahan Strickland Thomason Townsend Tucker Wamble Ware Mr. Speaker

On the passage of the Bill, the ayes were 112, nays 16.

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

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, as amended, so as to change the provisions relative to the definition of podiatrists; and for other purposes.

The report of the Committee, which was favorable to the 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. Alien Bailey Beckham

Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle.

2976
Chance Clark Cole Coleman Connell Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dollar Duke Egan Evans Floyd, J. H. Floyd, L. R. Fraser Geisinger Grahl Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hudson

JOURNAL OF THE HOUSE,

Hutchinson Irvin, J. Irvin, R. Johnson Jones Keyton King Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nix Noble Odom Oxford Patten, R. L. Patterson

Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Roach Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Triplett Turner Vaughn Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Carr Castleberry Collins, S. Coney

Edwards Elliott Ezzard Foster

Lane, W. J. Lee, W. S. Twiggs Williams

Those not voting were Messrs.:

Adams, G. D. Atherton Brantley, H. H. Burruss Carrell Collins, M. Colwell Daugherty Davis, E. T.

Dixon Dorminy Ellis Farrar Gignilliat Greer Harrison Hill, B. L. Hill, G.

Irwin, J. R. Jessup Jordan Knight Lambert Matthews, D. R. McCracken McKinney Murphy

Nessmith Northcutt Patten, G. C. Petro Phillips, G. S. Ritchie

TUESDAY, MARCH 13, 1973

Rogers Savage Thomason Toles Townsend

Tucker Waddle Wamble Ware Mr. Speaker

2977

On the passage of the Bill, the ayes were 125, nays 12.

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

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 Acts; and for other purposes.

The following amendments were read and adopted:
Mr. Farrar of the 52nd moves to amend HB 200 as follows:
On line 27 after the word "student" add the following words: "provided, however, these parties having a direct interest in such proceedings must be allowed to observe said proceedings"
Mr. Egan of the 25th moves to amend HB 200 by adding after the word "student" on line 27, page 1 the following: "provided, however, that if the student involved or his parent requests that the meeting be open, it shall be open."
Mr. Morgan of the 70th moves to amend HB 200 by adding on line 27, page 1: "However, the parents or legal guardians of the student shall not be excluded."

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:

2978

JOURNAL OF THE HOUSE,

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 Bohannon Bostick Brantley, H. L. Bray Brown, C. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey
Dollar
Dorminy
Duke
Egan
Elliott

Ellis Evans Floyd, L. R. Geisinger Gignilliat Grantham Greer Groover Harden Harrington Harris, J. R. Harrison Hawes Hays Hill, G. Horton, W. L. Howard Howell Hudson Irvin, R. Irwin, J. 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. Logan Lowrey Marcus Mason
Matthews, C.
Mauldin
McCracken
McDaniell
McKinney

Milford Morgan Moyer Mulherin Nessmith Nix Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Rainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Thompson Toles Triplett Twiggs Vaughn Waddle Walker
Wheeler, J. A.
Willis
Wilson, J. M.
Wilson, M. L.

Those voting in the negative were Messrs.:

Bond Brown, S. P. Cole Dixon Farrar Fraser

Grahl Hutchinson Irvin, J. Levitas McDonald Mullinax

Ritchie Sweat Wall Whitmire Williams Wood

TUESDAY, MARCH 13, 1973

2979

Those not voting were Messrs.:

Alexander, W. M. Berry Blackshear Brantley, H. H. Brown, B. D. Buck Daugherty Dean, N. Edwards Ezzard Floyd, J. H. Foster Hamilton

Harris, J. F. Hill, B. L. Horton, G. T. Jordan Knight Lambert Lewis Matthews, D. R. Miles Murphy Noble Northcutt

Patten, G. C. Phillips, G. S. Pinkston Savage Thomason Townsend Tucker Turner Wamble Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 125, nays 18.

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

Mr. Adams of the 84th arose to a point of personal privilege and addressed the House.

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

SR 131. By Senator Coggin of the 35th:
A Resolution proposing an amendment to the Constitution so as to provide for appellate review by the Supreme Court of Georgia of rate orders by the Georgia Public Service Commission; and for other pur poses.
Referred to the Committee on Industry.

SB 365. By Senator London of the 50th:
A Bill to be entitled an Act to provide for an investigator for the District Attorney of the Mountain Judicial Circuit; to provide for the compensation, powers, duties, term of office and expenses of the in vestigator; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

2980

JOURNAL OF THE HOUSE,

SB 368. By Senator Johnson of the 38th:
A Bill to be entitled an Act to provide that in all municipalities of this State having a population of 400,000 or more, etc., wherein the sale of alcoholic beverages, etc. and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 389. By Senator Rowan of the 8th: A Bill to be entitled an Act to amend an Act providing a new charter for the Town of Enigma, so as to change the municipal election date; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 390. By Senator Rowan of the 8th: A Bill to be entitled an Act to amend an Act placing the sheriff of Berrien County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 391. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Berrien County, so as to change the provisions relative to the compensation received by the employees within the tax com missioner's office shall be county employees; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 392. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of Berrien County, so as to authorize the members of the board to increase their compensation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 399. By Senator Overby of the 49th: A Bill to be entitled an Act to place the coroner of Hall County on a

TUESDAY, MARCH 13, 1973

2981

monthly salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 400. By Senator Moore of the 56th:
A Bill to be entitled an Act to amend an Act pertaining to actions of false arrest and false imprisonment and providing defenses thereto under certain circumstances, so as to include peace officers within the provisions protecting certain persons from unwarranted false arrest suits; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 403. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Dawson County on an annual salary in lieu of the fee system of compensation so as to change the provisions relative to the sheriff's deputies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 404. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Morganton, so as to change the name of said town to the City of Morganton; and for other purposes.
Referred to the Committee on State Planning & Community Affair0--Local Legislation.
SB 405. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Fannin 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 406. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Fannin County upon an annual salary, so as to provide for the employ ment of an additional deputy; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 394. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act providing for municipal home rule, so as to authorize the legislative bodies of municipal corpora-

2982

JOURNAL OP THE HOUSE,

tions of this State to fix the compensation of its members; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 393. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend Code Chapter 53-2, relating to marriage licenses, so as to provide for the preparation of a marriage manual; and for other purposes.
Referred to the Committee on Judiciary.

The following communications were received:
OFFICE OF LEGISLATIVE COUNCIL Atlanta
March 6, 1973
Honorable Ben W. Fortson, Jr. Secretary of State State Capitol Atlanta, Georgia 30334
Dear Mr. Ben:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable W. S. Stuckey, Sr., was elected as a member of the State Transportation Board from the Eighth Congressional District. He will serve the re mainder of the unexpired term of Honorable Downing Musgrove, which term expires April 15, 1975. This certificate is furnished to you pursuant to the provisions of the 1963 Act reorganizing the State Transportation Board.
With kindest personal regards and best wishes, I am
Sincerely yours,
Is/ Frank H. Edwards Legislative Counsel
FHE :mah Enclosure CC: Honorable Jimmy Carter
Honorable Lester G. Maddox Honorable Geo. L. Smith II Honorable W. S. Stuckey, Sr. Honorable Downing Musgrove Honorable Emory C. Parrish Honorable Hamilton McWhorter, Jr. Honorable Glenn W. Ellard Honorable William Harper

TUESDAY, MARCH 13, 1973

2983

THE GENERAL ASSEMBLY Atlanta

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

This is to certify that Honorable W. S. Stuckey, Sr., Dodge County, has been elected, pursuant to the provisions of the Act reorganizing the State Transportation Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), as a member of the State Transportation Board from the Eighth Congressional District, to serve the remainder of the unexpired term of Honorable Downing Musgrove, which term expires April 15, 1975.
This 6th day of March, 1973.

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

THE GENERAL ASSEMBLY Atlanta

March 6, 1973

Honorable Lester G. Maddox Lieutenant Governor State Capitol Atlanta, Georgia 30334

Dear Lieutenant Governor Maddox:

Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Transportation Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), as caucus was held on March 6, 1973 at 4:00 o'clock p.m., in Room 341, State Capitol, at which caucus Honorable W. S. Stuckey, Sr., Dodge County, was elected as a member of the State Transportation Board from the Eighth Congressional District to serve the remainder of the unexpired term of Honorable Downing Musgrove, which term expires April 15, 1975.
Respectfully submitted,
/s/ Frank Eldridge, Jr. Senator, 7th District Chairman Eighth Congressional District Caucus
/s/ E. M. "Pete" McDuffie Senator, 19th District Secretary Eighth Congressional District Caucus

2984

JOURNAL OF THE HOUSE,

THE GENERAL ASSEMBLY Atlanta

March 6, 1973

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

Dear Speaker Smith:

Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Transportation Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on March 6, 1973, at 4:00 o'clock p.m., in Room 341, State Capitol, at which caucus Honorable W. S. Stuckey, Sr., Dodge County, was elected as a member of the State Transportation Board from the Eighth Congressional District to serve the remainder of the unexpired term of Honorable Downing Musgrove, which term expires April 15, 1975.

Respectfully submitted,
/s/ Frank Eldridge, Jr. Senator, 7th District Chairman Eighth Congressional District Caucus
/s/ E. M. "Pete" McDuffie Senator, 19th, District Secretary Eighth Congressional District Caucus

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.

WEDNESDAY, MARCH 14, 1973

2985

Representative Hall, Atlanta, Georgia Wednesday, March 14, 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. Theodore Clark, Associate Pastor, Tabernacle Baptist Church, Atlanta, Georgia and husband of Rep. Betty Clark of the 55th:
Eternal Father of our Souls, grant to the members and the officers of this body a sacred moment of quiet now before taking up the duties of this day. Turn their thoughts to Thee and open their hearts to Thy spiiit that they may have wisdom in their thinking, love in their atti tudes and mercy in their judgments.
Let them not think that when this prayer is said that their de pendence upon Thee is over and forget Thy counsels for the rest of the day. Rather, from these moments of heart searching may there come such a sweetness of disposition that all may know that Thou are in this place. From this Holy Interlude may there flow light and joy and power that will remain with them until might shall bring Thy whispered bene diction, "Well done, Thy good and faithful servant."
So help us all this day, 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.

2986

JOURNAL OP THE HOUSE,

3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uneontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The folowing report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Wednesday, March 14, 1973, and submits the following:
SR 12. Court of Appeals, Election of Judges SB 14. Pharmacists, Possession of Marijuana SB 16. Health Care Fac., Reviewing Board SB 18. Uniform Commercial Code, clearing corporation SB 20. Hwys., Limited Access, Lease Air Rights SB 26. Felony Trials, Jury Panel, 42 Jurors SB 29. Supreme & Court of Appeals, Interlocutory Appeals SB 32. Criminal Cases, Discovery & Inspection SR 33. Department of Transportation, Tollway Authority Contracts SB 55. Firemen's Pension Fund, Increase Benefits SB 57. County Boards of Education, Meetings SR 64. Butts County, Convey Property SB 107. Anatomical Gift Act, Definition of Death SR 109. Lease State Owned Property SB- 113. Employees' Ret. System, Member of Division "B" SR 126. Grant Easement Over the Savannah River SB 132. Hunting or Fishing, illegal, rem proceedings SB 140. Public Transportation, New Code SB 142. State Owned Vehicles, Liability Insurance SB 143. Prisoner, Transfer Federal Sentence SB 144. Prisoner, Authorized Work, Paid Employ SB 146. Prison Industries Adm., Contracts SR 152. Transfer Property, Fulton County SB 173. Public Assistance Supplement, Children SB 180. Interstate Compact on Mental Health

WEDNESDAY, MARCH 14, 1973

2987

SB 195. Public Health Care Facilities, Equipping SB 201. Veterinary Practice, Revise Laws SB 203. Fiduciaries, securities depository SB 213. Trustees, Investments, Life Ins. Endowments SB 214. Motor Vehicle, Permit Right Turn on Red SB 230. North Ga. Mt. Authority, Abolish SB 238. Department of Transportation, Commissioner SB 249. Dept. of Transportation, Mass Transportation Systems SB 251. Drug Sellers, Reward for Information SB 254. Board of Education, Textbooks, State & Fed. Gov. Course SB 255. Sea Oats, Protection of SB 262. Identification Cards, Handicapped Persons SB 265. Marijuana-Possession, Change Penalty SB 266. Cooperative Educational Service Agencies SB 274. State Retirement System, define term SB 275. Pardons & Paroles Board, removal of members SB 279. Bingo, non-profit game, excluded as gambling SB 299. Prescription Eye Glasses, Person Ordering Work SB 301. Directors, Change the Qualifications SB 339. Corp. Holders of Shares of a Class, Vote SB 369. Trust Deemed Executory, Statute Irrevocable SB 370. Wills, Trusts & Instruments in Writing

ALL COMPENSATION RESOLUTIONS

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 114th District, Chairman.

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

2988

JOURNAL OF THE HOUSE,

HB 1235. By Messrs. Mauldin of the 13th and Smith of the 74th:
A Bill to be entitled an Act to amend an Act known as the "Dealers in Used Motor Vehicle Parts Registration Act", so as to change the provisions relative to certain bonds; and for other purposes.

HB 1236. By Messrs. Mauldin of the 13th and Smith of the 74th:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to change the provisions relative to the wreckage, salvage, scrapping, dismantling or destroying of motor vehicles; and for other purposes.

HB 1237. By Messrs. Dean of the 60th and Mason of the 59th:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Buford, so as to change the provisions relating to the eligibility and election of members of the commission; and for other purposes.

SR 131. By Senator Coggin of the 35th:
A Resolution proposing an amendment to the Constitution so as to provide for appellate review by the Supreme Court of Georgia of rate orders by the Georgia Public Service Commission; and for other pur poses.

SB 365. By Senator London of the 50th:
A Bill to be entitled an Act to provide for an investigator for the Dis trict Attorney of the Mountain Judicial Circuit; to provide for the com pensation, powers, duties, term of office and expenses of the inves tigator; and for other purposes.

SB 368. By Senator Johnson of the 38th:
A Bill to be entitled an Act to provide that in all municipalities of this State having a population of 400,000 or more, etc., wherein the sale of alcoholic beverages, etc. and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours; and for other purposes.

SB 389. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act providing a new charter for the Town of Enigma, so as to change the municipal election date; and for other purposes.

WEDNESDAY, MARCH 14, 1973

2989

SB 390. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Berrien County upon an annual salary, so as to change the compensa tion of the sheriff; and for other purposes.

SB 391. By Senator Rowan of the 8th: A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Berrien County, so as to change the provisions relative to the compensation received by the employees within the tax com missioner's office shall be county employees; and for other purposes.
SB 392. By Senator Rowan of the 8th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of Berrien County, so as to authorize the members of the board to increase their compensation; and for other purposes.
SB 399. By Senator Overby of the 49th: A Bill to be entitled an Act to place the coroner of Hall County on a monthly salary in lieu of the fee system of compensation; and for other purposes.
SB 400. By Senator Moore of the 56th: A Bill to be entitled an Act to amend an Act pertaining to actions of false arrest and false imprisonment and providing defenses thereto under certain circumstances, so as to include peace officers within the provisions protecting certain persons from unwarranted false arrest suits; and for other purposes.
SB 403. By Senator London of the 50th: A Bill to be entitled an Act to amend an Act placing the sheriff of Dawson County on an annual salary in lieu of the fee system of com pensation so as to change the provisions relative to the sheriff's depu ties; and for other purposes.

SB 404. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Morganton, so as to change the name of said town to the City of Morganton; and for other purposes.

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SB 405. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Ordinary of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

SB 406. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Fannin County upon an annual salary, so as to provide for the employ ment of an additional deputy; and for other purposes.

SB 394. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act providing for municipal home rule, so as to authorize the legislative bodies of municipal cor porations of this State to fix the compensation of its members; and for other purposes.

SB 393. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend Code Chapter 53-2, relating to marriage licenses, so as to provide for the preparation of a marriage manual; 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 Resolution of the House and has instructed me to report same back tQ the House with the following recommendations:
HR 108-387. Do Pass.
Respectfully submitted, Floyd of the 5th, 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

WEDNESDAY, MARCH 14, 1973

2991

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

SB 367. Do Pass, as Amended.

SB 355. Do Pass, by Substitute.

SB 31. Do Pass, as Amended.

SB 252. Do Pass.

SB 325. Do Pass.

SB 393. Do Pass.

SB 21. 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 following Resolution of the Senate and has instructed me to report same back to the House with the following recommendations:
SR 142. Do Pass.
Respectfully submitted, Dorminy of the 115th 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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 272. Do Pass.

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JOURNAL OF THE HOUSE,

SB 131. Do Pass.

SB 358. Do Pass.

Respectfully submitted, Busbee of the 114th, 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 Bill of the Senate and has instructed me to report same back to the House with the following recommendations:

SB 377. Do Pass.

Respectfully submitted, Colwell of the 4th, 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 follow ing Bills of the Senate and has instructed me to report same back to 'che House with the following recommendations:

SB 166. Do Pass.

SB 366. 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

WEDNESDAY, MARCH 14, 1973

2993

consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following rec ommendations:

HR 250. Do Pass.

SB 33. Do Pass.

SB 34. Do Pass.

SB 361. Do Pass.

SB 364. Do Pass, as Amended.

SB 365. Do Pass.

SB 374. Do Pass.

SB 395. Do Pass.

SB 409. Do Pass.

HB 568. Do Pass.

HB 790. Do Pass, by Substitute Resolution.

HB 991. Do Pass.

HB 992. Do Pass.

HB 1217. Do Pass.

HB 1218. Do Pass.

HB 1219. Do Pass.

HB 1220. Do Pass.

HB 1221. Do Pass.

HB 1222. Do Pass.

HB 1223. Do Pass.

HB 1224. Do Pass.

HB 1225. Do Pass.

HB 1226. Do Pass.

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JOURNAL OP THE HOUSE,

HB 1227. Do Pass.

HB 1228. Do Pass.

HB 1229. Do Pass.

HB 1231. Do Pass.

HB 1232. Do Pass, as Amended.

HB 1234. Do Pass.

Respectfully submitted, Levitas of the 50th, 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 335. Do Pass, by Substitute.
Respectfully submitted, Matthews of the 62nd, Chairman.

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 Bill of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 5. Do Pass.
Respectfully submitted, Cole of the 6th, Vice Chairman

WEDNESDAY, MARCH 14, 1973

2995

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 790. By Messrs. Davis of the 56th, Harris of the 51st, Ployd of the 56th and others:
A Bill to be entitled an Act to amend an Act providing for a board of elections in certain counties of this State so as to change certain pro visions relative to said Act; and for other purposes.

The following Committee substitute was read and adopted:
A RESOLUTION
Creating the DeKalb County Election Laws Study Committee; and for other purposes.
WHEREAS, a bill is currently pending in the House of Represen tatives relative to the Election Board of DeKalb County; and
WHEREAS, this bill and other matters relative to elections in DeKalb County and the registration of electors of said County should be thoroughly studied and considered before further legislative action is taken.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is hereby created the DeKalb County Election Laws Study Committee to be composed of 10 members as follows:
(a) One member elected by the Republican Party of DeKalb County.
(b) One member elected by the Democratic Party of DeKalb County.
(c) One member of the House of Representatives who shall be a Republican elected by the Republican members of the House whose districts lie wholly or partially within DeKalb County.
(d) One member of the House of Representatives who shall be a Democrat elected by the Democratic members of the House whose districts lie wholly or partially within DeKalb County.
(e) One member of the Senate who shall be a Republican elected by the Republican members of the Senate whose districts lie wholly or partially within DeKalb County.
(f) One member of the Senate who shall be a Democrat elected

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JOURNAL OP THE HOUSE,

by the Democratic members of the Senate whose districts lie wholly or partially within DeKalb County.

(g) One member of the Board of Elections of DeKalb County, other than the Chairman, elected by said Board of Elections.

(h) One member of the Board of Registrars of DeKalb County, other than the Chief Registrar, elected by said Board of Registrars.

(i) The Chief Registrar of DeKalb County, ex officio.

(j) The Manager of the Data Center of DeKalb County, ex officio.
BE IT FURTHER RESOLVED that the Chief Registrar of DeKalb County is hereby authorized and directed to call the organizational meeting of the Committee which shall be held not later than May 5, 1973. It shall be the duty of the authorities electing members of the Committee, as provided herein, to elect such members by not later than May 1, 1973. At the organizational meeting of the Committee, a Chair man shall be elected from the Committee's own membership by a ma jority vote of the total membership of the Committee. Except for the purposes of electing a Chairman, seven members shall constitute a quorum for the transaction of business. The Committee may elect such officers from its own membership as it deems necessary and appropriate and may otherwise provide for its own governance.

BE IT FURTHER RESOLVED that the Committee shall make a thorough study of any proposed legislation affecting the Board of Elec tions of DeKalb County and such other matters relative to elections and the registration of electors in DeKalb County as the Committee may deem appropriate.

BE IT FURTHER RESOLVED that the members of the Committee shall serve without compensation and shall not be reimbursed for ex penses incurred by them in the performance of their duties.

BE IT FURTHER RESOLVED that the Board of Commissioners of DeKalb County and the departments and agencies of the DeKalb County government are hereby authorized and directed to cooperate with and otherwise assist the Committee in carrying out its duties and responsibilities under this Resolution.

BE IT FURTHER RESOLVED that the Committee shall report its findings and recommendations to the members of the General Assembly whose Representative or Senatorial Districts lie wholly or partially within DeKalb County and to the Board of Commissioners of DeKalb County and the Chief Judge of the Superior Court of DeKalb County by not later than December 1, 1973, on which date the Committee shall stand abolished.

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

WEDNESDAY, MARCH 14, 1973

2997

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 1232. 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, as amended, so as to authorize the city to extend its water, sewerage and electrical distribution systems without and beyond the corporate limits of said city; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1232 as follows:
On Page 2, Line 2, by striking the words "and without and beyond Coweta County".
On Page 2, Line 6, after the word "prescribe" strike the ";" and add the following: ", and to extend its water and sewerage service with out and beyond Coweta County under such provisions as the Water, Sewerage and Light Commissioners may prescribe;".
On Page 3, Line 20, by striking the words "and within and without the County of Coweta,".
On Page 3, Line 21, by adding after the word "lines" the following: ", and within and without the county of Coweta, necessary for water and sewer lines,".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 115, nays 0.

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

HB 568. By Messrs. Greer and Horton of the 43rd, Stephens of the 37th and others:
A Bill to be entitled an Act to add and provide for a chief deputy clerk

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JOURNAL OF THE HOUSE,

of the Criminal Court of Fulton County and for a Director of the Traffic Violations Bureau of the Criminal Court of Fulton County; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 991. By Messrs. Marcus of the 26th, Greer of the 43rd, Brown of the 34th and others:
A Bill to be entitled an Act to amend Code Chapter 59-2, relating to general provisions for grand juries, as amended; to provide for all matters thereto in certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 992. By Messrs. Marcus of the 26th, Greer of the 43rd, Brown of the 34th and others:
A Bill to be entitled an Act to amend Code Title 59, relating to juries, as amended, so as to provide for special purpose grand juries in certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

WEDNESDAY, MARCH 14, 1973

2999

HB 1217. By Mr. Ross of the 72nd:
A Bill to amend an Act supplementing the fees paid to the ordinary of Lincoln County, so as to change the monthly salary of said ordinary; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1218. By Mr. Ross of the 72nd:
A Bill to amend an Act providing compensation for the Treasurer of Lincoln County, as amended, so as to change the compensation of said treasurer; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1219. By Messrs. Harris and Roach of the 8th and Shanahan of the 7th:
A Bill to be entitled an Act to provide for an annual salary for the court reporter of the Cherokee 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.

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JOURNAL OP THE HOUSE,

HB 1220. By Messrs. Harris and Roach of the 8th and Shanahan of the 7th:
A Bill to be entitled an Act to provide for an investigator for the office of the District Attorney of the Cherokee 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 1221. By Messrs. Pearce of the 87th, Berry of the 86th, King of the 85th and others:
A Bill to be entitled an Act to provide that the homestead of each resi dent of Muscogee County School District who is 62 years of age or older and who has an income not exceeding $6,000 per annum shall be exempt from all ad valorem taxation for educational purposes; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1222. By Messrs. Bohannon and Patterson of the 64th:
A Bill to be entitled an Act to reincorporate the City of Bowdon in the County of Carroll; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

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

WEDNESDAY, MARCH 14, 1973

3001

HB 1223. By Messrs. Moyer of the 99th and Waddle of the 98th:
A Bill to be entitled an Act to amend an Act incorporating the City of Warner Robins as amended, so as to permit advance refunding of out standing revenue bonds by certain methods; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was 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 1224. By Messrs. Harrison and Strickland of the 116th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, as amended, so as to change the corporate limits of said city; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1225. By Messrs. Harrison and Strickland of the 116th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Wayne County, as amended, so as to change the compensation of the members of said Board; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

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JOURNAL OF THE HOUSE,

HB 1226. By Mr. Adams of the 84th:
A Bill to amend an Act to create a board of commissioners in the County of Harris, as amended, so as to change the compensation and expenses of the chairman and other 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 115, nays 0.

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

HB 1227. By Messrs. Atherton of the 19th, Duke and Nix of the 20th and others:
A Bill to be entitled an Act to provide for the exercise of the planning and zoning powers within Cobb County; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1228. By Messrs. Turner of the 3rd and Cole of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the City of Varnell, as amended, so as to change the corporate limits of said city; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

WEDNESDAY, MARCH 14, 1973

3003

HB 1229. By Mr. Bray of the 66th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the Superior Court, the ordinary and the coroner of Meriwether County on a salary basis, as amended, so as to change the compensation provisions relating to clerk of the ordinary; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1231. By Messrs. Knight, Ware and Mullinax of the 65th:
A Bill to amend an Act incorporating the City of Newnan, as amended, so as to change the terms of office 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 115, nays 0.

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

HB 1234. By Messrs. Sweat of the 125th and Dixon of the 126th:
A Bill to be entitled an Act to amend an Act placing certain of the county officers of Ware County on a salary basis, as amended, so as to provide for a change in the compensation of the clerk of the superior court; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

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JOURNAL OF THE HOUSE,

SB 33. By Senator Stephens of the 36th:
A Bill to be entitled an Act to fix the salary of the First Assistant Solicitor and the Assistant Solicitors of the Criminal Court of Fulton County; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 34. By Senator Stephens of the 36th: A Bill to be entitled an Act to authorize the Solicitor General of the Criminal Court of Fulton County to add two additional Assistant Solicitors to his staff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

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

SB 361. By Senator McGill of the 24th: A Bill to be entitled an Act to crate a new charter for the City of Lexington; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

WEDNESDAY, MARCH 14, 1973

3005

SB 364. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the judges of the juvenile courts in certain counties; and for other purposes.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend Senate Bill 364 as follows:
(1) By striking from Section 1, line 17, the words:
"compensation the sum of $25,564.00 each per annum,",
and inserting the following:
"annual compensation a sum equal to 85% of the total compen sation received by any judge of the Stone Mountain Judicial Circuit in each such year,".
(2) By renumbering Section 3 as Section 4 and adding a new Section 3 to read as follows:
"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."

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

On the passage of the Bill, as amended, the ayes were 115, nays 0.

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

SB 374. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act providing a salary for the sheriff of Evans County in lieu of the fee system of compensation, as amended, so as to change the provisions relative to the sheriff's deputies; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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JOURNAL OF THE HOUSE,

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

SB 395. By Senators Wasden of the 2nd and Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Savannah Beach, Tybee Island, in the County of Chatham and State of Georgia, so as to change the corporate limits of said City; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 409. By Senators Wasden of the 2nd, Riley of the 1st and Zipperer of the 3rd:
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; and for other purposes.

The following amendment was read and adopted:

Mr. Gignilliat of the 105th moves to amend Senate Bill 409 as follows:
By striking lines 31 and 32 on page 3 and inserting in lieu thereof the following:
"so served within three months immediately preceding his ap pointment as a member of said Board or within three months immediately preceding his qualifying to run for any position on said Board;"
By striking the word "election" from line 25 on page 4 and inserting in lieu thereof the words, "Election Code".
By striking the word "two" from line 3 on page 5 and inserting in lieu thereof the word "four".

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.

WEDNESDAY, MARCH 14, 1973

3007

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

The following Resolution of the House was read and adopted:
HR 250. By Mr. Greer of the 43rd:
A RESOLUTION
Relative 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 upgrad ing 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
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 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 appropriate to make said pension plans financially sound.

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

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JOURNAL OF THE HOUSE,

HR 351. By Messrs. Mullinax, Ware and Knight of the 65th:
A Resolution commending the LaGrange College Panthers Basketball Team.

HR 354. By Messrs. Knight, Mullinax and Ware of the 65th, Bray of the 66th, and others:
A Resolution commending and congratulating the seventeen certified Municipal Clerks, commending the Georgia Municipal Association, the Georgia Municipal Clerks and Finance Officers Association, and the University of Georgia's Institute of Government and Center for Con tinuing Education.

The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House, to-wit:

HB 600. By Messrs. Lee, Busbee, Hutchinson and Odom of the 114th:
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 substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 201. By Messrs. Collins of the 122nd, Reaves of the 124th, Wheeler of the 127th and others:
A Bill to regulate the treatment and sale of certain timber or timber products within the State of Georgia.

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

HB 18. By Messrs. Floyd of the 5th, Busbee of the 114th, Harris of the 8th, and others:
A Bill 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 commercial airlines, chartered air flights, or in privately owned aircraft.

HB 815. By Messrs. Dean of the 17th, Phillips of the 103rd, Nessmith of the 76th:
A Bill to amend an Act establishing soil and water conservation dis tricts.

WEDNESDAY, MARCH 14, 1973

3009

HB 92. By Messrs. Savage of the 30th, Horton of the 56th, Hudson of the 115th, and others:
A Bill 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.

The Senate has agreed to the House amendment to the Senate substitute to the following Bill of the House, to-wit:

HB 854. By Messrs. Cole of the 6th:
A Bill 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.

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

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

HB 194. By Messrs. Farrar of the 52nd and Buck of the 87th:
A Bill to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to leaves of absence.

HB 195. By Messrs. Farrar of the 52nd, Buck of the 87th and Matthews of the 62nd:
A Bill to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to disability retirement.

HB 353. By Messrs. Williams of the 9th, Pinkston of the 89th and Kreeger of the 21st:
A Bill to amend Code Title 13, known as the "Banking Law", so as to authorize the expansion of extention of existing facilities under certain conditions.

SB 379. By Senator McDuffie of the 19th: A Bill to amend Code Chapter 49-6, relating to guardians of insane

3010

JOURNAL OP THE HOUSE,

persons or persons mentally incapable of managing their estates, as amended, so as to redefine those persons for whom the ordinaries of the several counties may appoint guardians.

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

SR 178. By Senator McGill of the 24th: A Resolution designating the L. C. Moone Road.

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

HB 344. By Mr. Adams of the 36th:
A Bill to amend an Act creating the Department of Public Safety, so as to provide that the Department may pay additional compensation for extra or overtime work to officers, noncommissioned officers and troopers of the Uniform Division when federal funds are available for the payment of additional compensation.

The Senate has passed by the requisite constitutional majority the following Bills of the House.

HB 723. By Messrs. Colwell of the 4th, Williams, Whitmire and Wood of the 9th:
A Bill to amend code section 24-2306, 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.

HB 870. By Mr. Larsen of the 27th:
A Bill 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.

HB 927. By Messrs. Murphy of the 18th and Smith of the 74th:
A Bill to amend Code Chapter 68-6, relating to motor common carriers, so as to provide that the Public Service Commission may grant for a period not in excess of 30 days a nonrenewal of emergency authority for service in areas having an unmet urgent need.

WEDNESDAY, MARCH 14, 1973

3011

HB 928. By Messrs. Murphy of the 18th and Smith of the 74th:
A Bill 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 registration and license requirements and procedures for motor contract carriers.

HB 926. By Messrs. Gignilliat of the 105th, Thompson of the 86th, and Mulherin of the 81st:
A Bill to recreate and reestablish within the Department of the Secre tary of State, the Georgia Commission for the National Bicentiennial Celebration; to provide for the membership of said Commission.

HB 412. By Mr. Harris of the 51st:
A Bill 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.
HB 209. By Messrs. Alexander of the 38th and McKinney of the 35th:
A Bill to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to change the provisions for appeal of orders or acts of the Commissioner.

HB 400. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th and others:
A Bill 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.

HB 543. By Mr. Noble of the 48th:
A Bill to amend an Act requiring safe construction and installation of boiler and pressure vessels, so as to exempt certain water heaters.

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

HB 833. By Mr. Vaughn of the 57th: A Bill to amend Code Section 13-203.1 relating to bank offices and

3012

JOURNAL OF THE HOUSE,

bank facilities, as amended, so as to provide that the Commissioner of the Dept. of Banking and Finance may determine population require ments according to official census data.

HB 594. By Messrs. Geisinger of the 44th, Marcus of the 26th, Larsen of the 27th and others :
A Bill to prohibit the cutting, digging, pulling up and removal of certain rare specimens of plant life from public lands within this State.

The Senate has passed by the requisite constitutional majority the following Bills of the House:
HB 607. By Messrs. Reaves of the 124th, Carr of the 90th, Rush of the 104th, and others: A Bill to amend the Dead Animal Disposal Act, so as to delete the pro visions 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.
The Senate has agreed to the House substitute to the following Resolution of the Senate, to-wit:
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 adopted the report of the Committee of Conference on the following Bill of the House, to-wit:
HB 1. By Messrs. Busbee of the 114th, Smith of the 91st, Murphy of the 18th and others: A Bill 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 funds each local unit is required to raise to support the Education program.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 649. By Messrs. Bennett, Reaves, and Patten of the 124th: A Bill to create a new Charter for the town of Lake Park.

WEDNESDAY, MARCH 14, 1973

3013

HB 773. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
A Bill 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.

HB 122. By Mrs. Hamilton of the 31st:
A Bill to amend the new Charter of the City of Atlanta so as to au thorize the governing authority to allow bridges over, and tunnels under, any highway, street, road or public way within such municipality under certain conditions to accomodate pedestrial traffic between private premises.

HB 917. By Messrs. Kreeger of the 21st, Wilson of the 19th and Howard of the 19th:
A Bill amending, revising, consolidating and superseding the several Acts, incorporating the Town of Austell and reincorporating said Town as a city so as to change the corporate limits of said city.

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

HB 762. By Mr. Castleberry of the 96th:
A Bill 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.

HB 980. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill 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.

HB 1051. By Messrs. Patten and Bostick of the 123rd:
A Bill to amend an Act establishing a new charter for the City of Nashville, so as to change the salary of the mayor and aldermen.

HB 1071. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A Bill 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

3014

JOURNAL OF THE HOUSE,

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.

HB 880. By Mr. Peters of the 2nd:
A Bill 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 pro vide additional deputies for the sheriff.

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

HB 887. By Messrs. Patten, Bennett, and Reaves of the 124th: A Bill to create the Lowndes County Water and Sewerage Authority.

The Senate adheres to its disagreement to the House amendment to the Senate amendment and has appointed a Committee of Conference on 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 payroll at the beginning of the preceding school year or notify the teacher they are not going to rehire him.

The President has appointed on the part of the Senate the following Sen ators: Parker of the 31st, Herndon of the 10th, and Hamilton of the 26th:

Mr. Pearce of the 87th moved that the House reconsider its action in passing the following Bill of the Senate:

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 so as to change the mem bership comprising the Georgia Ports Authority; and for other purposes.

WEDNESDAY, MARCH 14, 1973

3015

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, Marvin Alexander, W. M. Bailey Bennett Berry Castleberry Coleman Colwell Dixon Grantham

Harden Harris, J. R. Hill, G. Howell Hudson Irvin, J. Jessup King Lane, Dick Larsen, W. W. Miles

Nessmith Nix Northcutt Pearce Russell, W. D. Smith, J. R. Stephens Twiggs Wheeler, Bobby Whitmire Willis

Those voting in the negative were Messrs,

Adams, John Alexander, W. H. Alien Atherton Blackshear Bond Bray Brown, B. D. Brown, C. Burruss Burton Clark Cole Collins, M. Coney Daugherty Davis, W. Dean, Gib Dean, N. Dollar Dorminy Egan

Ezzard Foster Fraser Geisinger Gignilliat Greer Groover Hamilton Harris, J. P. Harrison Hays Hill, B. L. Horton, W, L. Hutchinson Irwin, J. R, Johnson Jones Keyton Lambert Lee, W. J. (Bill) Levitas Lowrey

Those not voting were Messrs. :

Adams, J. H. Beckham Berlin Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, S. P.

Buck Busbee Carlisle Carr Carrell Chance Collins, S. Connell

Matthews, C. Matthews, D. R. Mauldin McKinney Morgan Noble Patten, G. C. Patten, R. L. Peters Ritchie Roach Russell, J. Shanahan Shepherd Thomason Toles Triplett Turner Wall Wheeler, J. A. Williams Wilson, M, 1.,.
Davis, E. T. Dean, J. E. Dent Dickey Duke Edwards Elliott Ellis

3016
Evans Farrar Floyd, J. H. Floyd, L. R. Grahl Harrington Hawes Horton, G. T. Howard Irvin, R. Jordan Knight Kreeger Lane, W. J. Larsen, G. K. Lee, W. S. Lewis Logan Marcus

JOURNAL OF THE HOUSE,

Mason McCracken McDaniell McDonald Milford
Moyer Mulherin
Mullinax Murphy Odom Oxford Patterson Petro
Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Rogers

Ross Rush Sams Savage Smith, V. B.
Snow Strickland
Sweat Thompson Townsend Tucker Vaughn Waddle
Walker Wamble Ware Wilson, J. M. Wood Mr. Speaker

On the motion, the ayes were 33, nays 66.

The motion to reconsider was lost.

Mr. Wall of the 61st moved that the following Bill of the Senate be with drawn from the General Calendar and recommitted to the Committee on Health and Ecology:

SB 14. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 79A-99, so as to change the penalty for possession of one ounce or less of marijuana; and for other purposes.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alien Bailey Beckham Burton
Collins, S. Dixon Fraser

Geisinger Grantham Horton, W. L. Howell Hudson Irvin, J.
Jones Lambert Lane, Dick

Larsen, W. W. Lowrey Matthews, D. R. McCracken Miles Nessmith
Noble Patten, G. C. Patten, R. L.

Peters Sweat Toles

WEDNESDAY, MARCH 14, 1973

3017

Triplett Wall Wheeler, Bobby

Whitmire Wood

Those voting in the negative were Messrs.

Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bennett Berry Bond Bray Brown, B. D. Brown, C. Carr Castleberry Clark Cole Collins, M. Coney Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dollar Dorminy

Egan Ezzard
Foster Gignilliat Hamilton Harrington Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Hutchinson Irwin, J. R. Jessup Johnson Keyton Knight Larsen, G. K. Levitas Lewis Logan Mauldin McDonald

McKinney Milford Morgan Mullinax Northcutt Oxford Petro Reaves Ritchie Ross Rush Russell, J. Russell, W. D. Shanahan Shepherd Smith, V. B. Snow Stephens Thomason Ware Wheeler, J. A. Willis Wilson, M. L.

Those not voting were Messrs.:

Adams, J. H. Berlin Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, S. P. Buck Burruss Busbee Carlisle Carrell Chance Coleman Colwell Connell Dean, Gib Dickey Duke

Edwards Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Grahl Greer Groover Harden Harris, J. F. Hawes Hays Hill, G. Howard Irvin, R. Jordan King Kreeger

Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Marcus Mason Matthews, C. McDaniell Moyer Mulherin Murphy Nix Odom Patter son Pearce Phillips, G. S. Phillips, L. L. Pinkston Rainey Roach Rogers

3018
Sams Savage Smith, J. R. Strickland Thompson Townsend

JOURNAL OF THE HOUSE,

Tucker Turner Twiggs Vaughn Waddle Walker

Wamble Wheeler, Bobby Wheeler, J. A. Williams Wilson, J. M. Mr. Speaker

On the motion, the ayes were 35, nays 70.

The motion to withdraw and recommit was lost.

Mr. Mulherin of the 81st moved that the House reconsider its action in fail ing to pass the following Bill of the House:
HB 395. By Messrs. Mulherin of the 81st, Alexander of the 39th and others: A Bill to be entitled an Act to establish the Georgia Peace Officer Standards and Training Council; and for other purposes.
The motion prevailed and the House reconsidered its action in failing to pass HB 395.

By unanimous consent, the following Bill of the House was recommitted to the Committee on State Planning & Community Affairs for further study:

HB 395. By Messrs. Mulherin of the 81st, Alexander of the 39th and others:
A Bill to be entitled an Act to establish the Georgia Peace Officer Standards and Training Council; and for other purposes.

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

SR 152. By Senators Hudgins of the 15th, Stephens of the 36th and Zipperer of the 3rd:
A Resolution authorizing the Governor to transfer certain property to Fulton County Voiture 217, La Societe des 40 Hommes et 8 Chevaux, Inc., Department of Georgia; and for other purposes.

WEDNESDAY, MARCH 14, 1973

3019

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 128, nays 0.

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

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.

The following amendment was read and adopted: The Committee on State Institutions and Property moves to amend
SR 64 as follows: By striking on page 7, line 26, the word "shall" and by inserting the
word "may" between "land" and "be"; And by striking on page 2, line 30, the words "Board of Corrections"
and inserting the words "Property Control Commission".
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 131, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
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 of such lease; and for other purposes.
The report of the committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 140, nays 0.

3020

JOURNAL OF THE HOUSE,

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

SB 266. By Senator London of the 50th:
A Bill to be entitled an Act to amend 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.

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

On the passage of the Bill, the ayes were 138, nays 0.

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

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.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 150, nays 0.

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

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; and for other purposes.

The following committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act relating to authorized invest ments of executors and trustees, approved March 27, 1972 (Ga. Laws

WEDNESDAY, MARCH 14, 1973

3021

1972, p. 450), so as to define the terms "property" and "investment" as used in the said Act to include life insurance, endowment and annuity contracts issued by any insurer authorized to do business in the State of Georgia; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act relating to authorized investments of executors and trustees, approved March 27, 1972 (Ga. Laws 1972, p. 450), is hereby amended by adding to the end of Section 2 of said Act the following sentence:

"The terms 'property' and 'investment' as used herein shall be deemed to mean and include life insurance, endowment and annuity contracts issued by any insurer authorized to do business in the State of Georgia."

so that, as amended, Section 2 will read as follows:

"Section 2. In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, such executor or trustee shall exercise the judgment and care under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposi tion of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of the fore going standard, such executor or trustee is authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment, specifically including but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, which men of prudence, discretion and intelligence acquire or retain for their own account, and within the limitations of the foregoing standard, such executor or trustee may retain property properly acquired without limitation as to time and without regard to its suitability for original purchase. The terms 'property' and 'investment' as used herein shall be deemed to mean and include life insurance, endowment and annuity contracts issued by any insurer authorized to do business in the State of Geor gia."

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.

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JOURNAL OF THE HOUSE,

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.

SB 299. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act prohibiting the sale of prescription eyeglasses unless said glasses are fitted with heat treated glass lenses, so as to require that companies shall deliver the product only to the person ordering the work; and for other purposes.

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

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

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

SB 279. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 26-2701, so as to ex clude participation in a nonprofit bingo game from the definition of the word "bet"; and for other purposes.

The report of the Committee, which was favorable to the 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. M. Atherton Bailey Beckham Bennett Berlin Berry
Blackshear

Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Burruss
Burton

Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, S.
Coney

Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy
Duke Edwards Egan Elliott Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howell

WEDNESDAY, MARCH 14, 1973

3023

Hutchinson Irvin, J. Irwin, J. R. Johnson Jordan Keyton King Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Levitas Lewis Lowrey Marcus Mason Mauldin McCracken McDaniell McKinney Milford Morgan Moyer Mulherin Nessmith Northcutt Oxford Patten, R. L. Patterson 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, V. B. Snow Stephens Strickland Sweat Thomason Townsend Triplett Tucker Turner Vaughn Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Williams Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, Marvin Dollar Larsen, W. W. Lee, W. S.

Logan Matthews, D. R. Murphy Patten, G. C.

Ware Whitmire Willis

Those not voting were Messrs.:

Adams, G. D. Adams, J. H. Alexander, W. M. Alien Bennett Bond Brown, B. D. Brown, S. P.
Busbee

Carrell Collins, M. Colwell Connell Dean, Gib Ellis Gignilliat Grahl Harris, J. F.

Hill, B. L. Hill, G. Howard Hudson Irvin, R. Jessup Jones Lane, Dick Matthews, C.

3024
McDonald Miles Mullinax Nix Noble

JOURNAL OF THE HOUSE,

Odom Pearce Roach Smith, J. R. Thompson

Toles Twiggs Wamble Mr. Speaker

On the passage of the Bill, the ayes were 129, nays 11.

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

Mr. Bray of the 66th stated that he inadvertently voted "aye" on the passage of SB 279. He intended to vote "nay".

Mr. Connell of the 80th requested that he be recorded as having voted for the passage of SB 279.

Mr. Dean of the 17th stated that he had inadvertently voted "aye" but in tended to vote "nay" on the passage of SB 279.

Messrs. Mauldin and Milford of the 13th stated that they had inadvertently voted "aye" on the passage of SB 279 but had intended to vote "nay".

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 299. By Mr. Hill of the 41st:
A Bill to be entitled an Act to amend an Act so as to change the cor porate limits of the City of East Point; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 299 as follows:
By adding at the end of quoted Section 4 of Section 4 the following:
"(2) Said city shall be divided into four wards to wit: Wards A, B, C and D, which are more particularly described as follows:
(a) Ward A: The boundaries of Ward A of said city are as follows:

WEDNESDAY, MARCH 14, 1973

3025

Commencing at the intersection of DeLowe Drive and Headland Drive and following Headland Drive easterly to the intersection with Kimmeridge Drive and southerly along Kimmeridge to the intersec tion with Lexington Avenue; thence easterly along Lexington Avenue and the curvature thereof to the intersection with Neely Avenue; along Neely Avenue easterly to the intersection with War ren Way; then northerly along Warren Way to the intersection with Headland Avenue and Norman Berry Drive; then easterly along Norman Berry Drive to the intersection with Stanton Road; then northerly along stanton Road to the intersection with Lakewood Avenue extension and easterly along Lakewood Avenue extension to its intersection with Utoy Creek; then northerly along Utoy Creek to the city limits of East Point; then easterly along the city limits to the intersection with the Central of Georgia and West Point Railway; then southerly along the curvature of the Central of Georgia Railway to the intersection with the city limit boundary; then southerly, westerly, northerly and westerly along the city limits of East Point to the intersection formed with DeLowe Drive; then northerly along DeLowe Drive to the intersection with Head land Drive. All of the interior portion of the aforedescribed parcel comprises Ward A of the City of East Point.

(b) Ward B: The boundaries of Ward B of said city are as follows:

Commencing on North Main Street at the intersection of North Main Street, the Central of Georgia Railroad right-of-way and the city limits of East Point; then easterly, southerly, westerly and southerly along the city limits of East Point to the point where they intersect with the Central of Georgia Railroad right-of-way; then northwesterly, northerly and northeasterly along the curvature of Central of Georgia Railroad right-of-way to the intersection formed with said right-of-way and North Main Street and the city limit of East Point. All of the interior portion of the aforedescribed parcel comprises Ward B of the City of East Point.

(c) Ward C: The boundaries of Ward C of the City of East Point are as follows:

Commencing at the intersection of the city limits of East Point and Ben Hill Road and then easterly, northerly and north easterly along the city limit line of the City of East Point to the easterlymost intersection of the city limits with Utoy Creek; thence southeasterly along Utoy Creek to the intersection with Lakewood Avenue extension; then westerly and southwesterly along the curva ture of Lakewood Avenue Extension to the intersection of Lakewood Avenue Extension with Stanton Road; then southerly along Stanton Road to the intersection with Norman Berry Drive thence westerly along Norman Berry Drive to the intersection with Warren Way and Headland Drive; then southeasterly along Warren Way to the intersection with Neely Avenue; then westerly along Neely Avenue to the intersection with Lexington Avenue; then along the curvature of Lexington Avenue to the intersection with Kimmeridge Drive; northerly along Kimmeridge to the intersection with Headland Drive; then westerly along Headland Drive to the intersection with DeLowe

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JOURNAL OF THE HOUSE,

Drive; then southerly along DeLowe Drive to the intersection with Ben Hill Road; then westerly and northwesterly along the curva ture of Ben Hill Road to the City Limits of East Point. All of the interior portion of the aforedescribed parcel comprises Ward C of the City of East Point.

(d) Ward D: The boundaries of Ward D of the City of East Point are as follows:

Commencing at the intersection of Ben Hill Road and the city limits; then southeasterly along the curvature of Ben Hill Road to the intersection with DeLowe Drive; and southerly along DeLowe Drive to the city limits; then westerly, southwesterly, southerly, westerly, northerly and easterly along the city limits of East Point to the intersection of said city limits with Ben Hill Road. All of the interior portion of the aforedescribed parcel comprises Ward D of the City of East Point."

By renumbering Sections 12 and 13 as Sections 13 and 14 respec tively.

By adding a new Section 12, to read as follows:

"Section 12. In the event of a vacancy for any reason in the office of city councilman on the effective date of this Act, the va cancy shall be filled in the following manner: The remaining coun cilman from the ward in which the vacancy exists shall nominate a person to fill such vacancy for sixty (60) days. The successor councilman shall serve in that capacity until a successor is elected in a special election as hereinafter provided, at which time he and any other qualified person may run to serve the remaining unexpired term of the vacancy to which he succeeded. The City Council of East Point shall, within thirty (30) days from the date such vacancy begins, order a special election to fill such vacancy, and such special election shall be conducted pursuant to the 'Georgia Municipal Election Code', approved April 4, 1968 (Ga. Laws 1968,
p. 885), as now or hereafter amended. The person elected to serve
out the unexpired term of any vacated council seat shall be sworn
and shall take office on the 61st day following the occurrence of
the vacancy."

Mr. Hill of the 41st moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 105, nays 0.

The Senate amendment to HB 299 was agreed to.

WEDNESDAY, MARCH 14, 1973

3027

By unanimous consent, the Clerk was directed to correct a typographical error on HB 299 as follows:

On page 21, line 29, change "1972" to read "1973".

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 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 the removal for cause of members of the Board of Pardons and Paroles, if additional members are added to the Board by the General Assembly as provided in Article V, Section I, Paragraph XI of the Constitution, as amended; to define certain terms; to provide for an effective date; and for other purposes.

Mr. Murphy of the 18th moved that further consideration of SB 275 be post poned until tomorrow, March 15, 1973, immediately after the period of unanimous consents.

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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 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.

The following Senate amendment was read:
Senator London of the 50th moves to amend HB 92 as follows:
By adding in the title, after the word and symbol "board;" and the word "to", on line 5 of page 1, the following:

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JOURNAL OF THE HOUSE,

"to change the provisions relating to annual registration of per sons licensed to practice dentistry; to provide for a special in vestigator for the Board of Dental Examiners of Georgia; to pro vide for the powers, duties and compensation of such special in vestigator;".

By renumbering Sections 2 and 3 as Sections 4 and 5, respectively, and inserting, at the top of page 5, two new Sections 2 and 3 to read as follows:

"Section 2. Said Code Title 84 is further amended by striking in its entirety Code Section 84-725, relating to the annual registra tion of persons licensed to practice dentistry, as amended, and in serting in lieu thereof a new Code Section 84-725, to read as follows:

'84-725. Annual registration; fee.--Every person licensed by this Board to practice dentistry shall register annually with the JointSecretary of the several Examining Boards not later than October 1 each year, and shall pay to said Joint-Secretary an annual registra tion fee of $10 each; provided, however, that any persons from out of state licensed to practice dentistry in Georgia shall pay an annual registration fee of $20. If registration is not made by October 1 of each year, it shall be made between October 1 and December 31 of each year upon written application therefor and the payment of a fee of $25. No annual registration shall be made after December 31 of each year. The Joint-Secretary of the State Examining Boards shall on or about September 1 of each year send a notice in writing to the last known address of each person registered to practice dentistry in this State informing such person of the provisions of this Section.'

Section 3. Said Code Title 84 is further amended by adding between Code Sections 84-702 and 84-703 a new Code Section, to be designated Code Section 84-702.1, to read as follows:

'84-702.1. Special investigator.--The Board of Dental Ex aminers of Georgia shall be authorized to appoint a special investi gator to be charged with the duties and powers as delegated by the Board. The Secretary of State shall fix his annual salary. Any per son, in order to qualify for appointment to the office of special in vestigator, shall be a person of good moral character and shall possess such qualifications as the Board may require. The Secretary of State shall have discretionary authority to disapprove any person who does not possess the qualifications to perform the duties and functions of the special investigator. The special investigator shall be a full-time employee of the Board.' "

Mr. Savage of the 30th moved that the House agree to the Senate amendment.

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

WEDNESDAY, MARCH 14, 1973

3029

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 Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N.
Dent
Dickey
Dixon
Dollar
Dorminy
Duke
Edwards
Egan
Elliott
Evans
Ezzard
Parrar
Ployd, J. H.
Floyd, L. R.
Foster
Geisinger

Gignilliat 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. Irwin, J. R. Jessup Johnson Jones Jordan 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
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 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 Toles Townsend
Triplett
Tucker
Turner
Twiggs
Vaughn
Waddle
Walker
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

3030

JOURNAL OF THE HOUSE,

Voting in the negative was Mr. Wall.

Those not voting were Messrs.:

Alexander, W. M.
Beckham Berry Blackshear Bray Brown, S. P. Buck Chance Colwell Daugherty

Dean, Gib Ellis Fraser Grahl Hawes Hill, B. L. Irvin, R. Keyton Lambert

Mason Mullinax Noble Northcutt Pearce Thompson Wamble Ware Mr. Speaker

On the motion to agree, the ayes were 151, nays 1.

The Senate amendment to HB 92 was agreed to.

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

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 for other purposes.

The following Senate amendments were read:
Senator Kidd of the 25th moves to amend HB 227 as follows:
By striking from the title, beginning on line 4 of page 1, the fol lowing :
"to decrease the amount of qualifying fee required of candi dates;".
By striking Section 2, beginning on line 26 of page 2, in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Said Code Title is further amended by striking from paragraph (2) of subsection (a) of Code Section 34-1013, re lating to qualification fees, the words 'to be paid by each candidate qualifying for a primary', and inserting in lieu thereof the fol lowing :

WEDNESDAY, MARCH 14, 1973

3031

'for any candidate qualifying by this method', so that when so amended paragraph (2) shall read as follows:

'(2) Within the same time limitation, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and each non-primary candi date filing with the Secretary of State his notice of candidacy for the general or special election. Such fee shall be five percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed five percent of the income derived from such office by the person holding the office for the preceding year.' "

Senator Warren of the 43rd moves to amend HB 227 by striking Sec tion 3 in its entirety and renumbering Sections 4 and 5 as Sections 3 and 4;

and,

By striking on page 1, lines 6 and 7, the words:

"to amend the circulator's affidavit on a petition;"

and,

By inserting between the words "voters" and "totaling" on page 1, line 20, the following:

"qualified to vote for the election of such candidate"

Senator Coverdell of the 40th moves to amend HB 227 by striking on page 2, line 13, the word "officer" and inserting in lieu thereof the words "Secretary of State";

and,

By inserting on page 2, line 15, after the word "party" the following:

"and certify whether or not the proper number of signatures has been secured"

Mr. Greer of the 43rd moved that the House disagree to the Senate amend ments.

The motion prevailed and the House disagreed to the Senate amendments to HB 227.

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JOURNAL OF THE HOUSE,

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

The following Senate amendment was read:
The Senate Committee on Retirement moves to amend HB 46 by striking from quoted subparagraph (5) in Section 1, the following as it appears in two places:
"April 1, 1958",
and inserting in lieu thereof in both of said places, the following:
"December 31, 1956".

Mr. Groover of the 75th moved that the House agree to the Senate amend ment.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. 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. 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, J. E. Dean, N. Dent Dixon Dollar Dorminy Duke

Edwards Egan Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harrison Hays Horton, G. T. Horton, W. L. Howell Hudson

WEDNESDAY, MARCH 14, 1973

3033

Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill)
Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford

Morgan Moyer Mulherin Mullinax Nessmith 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. Russell, W. D. Sams Shanahan

Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason 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

Voting in the negative was Mr. W. S. Lee.

Those not voting were Messrs.:

Adams, J. H.
Beckham Brown, S. P.
Daugherty Dean, Gib Dickey Elliott Ezzard Gignilliat Grahl

Harris, J. R. Hawes Hill, B. L. Hill, G. Howard Irwin, J. R. Jordan Keyton Lambert Larsen, W. W.

Mason Murphy Noble Northcutt Pearce Savage Thompson Townsend Wamble Mr. Speaker

On the motion to agree, the ayes were 149, nays 1.

The Senate amendment to HB 46 was agreed to.

Under the general order of business, established by the Committee on Rules,

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JOURNAL OF THE HOUSE,

the following Bills of the Senate were taken up for consideration and read the third time:

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.

The following amendment was read and adopted:
Mr. Cole of the 6th moves to amend SB 262 by striking the words "and aged" on line 2 of line 12 of page 1.

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

On the passage of the Bill, as amended, the ayes were 157, nays 0.

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

SB 230. By Senator London of the 50th:
A Bill to be entitled an Act to repeal an Act creating the North Geor gia Mountains Authority; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H.
Alexander, W. M. Alien

Bailey Bennett Berlin Berry
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 Clark Cole Coleman Collins, M. Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dollar Dorminy Duke Egan Elliott Evans Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grantham Hamilton Harden Harrington Harris, J. F. Harrison Hawes Hays

WEDNESDAY, MARCH 14, 1973

3035

Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. 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 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. 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 Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Voting in the negative was Mr. J. M. Wilson.

Those not voting were Messrs.:

Adams, J. H. Atherton Beckham Buck Burruss Chance Coney

Dean, Gib Dickey Edwards Ellis Ezzard Farrar Gignilliat

Grahl Greer Groover Harris, J. R. Hill, B. L. Hill, G. Howard

3036
Howell Irwin, J. R. Knight Lambert Levitas Lewis

JOURNAL OF THE HOUSE,

Mason Mullinax Noble Northcutt Phillips, L. L. Russell, W. D.

Savage Townsend Wamble Ware Mr. Speaker

On the passage of the Bill, the ayes were 141, nays 1.

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

SB 55. By Senator Barker of the 18th:
A Bill to be entitled an Act to amend an Act, so as to increase pension benefits under the Firemen's Pension Fund; and for other purposes.

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

On the passage of the Bill, the ayes were 137, nays 0.

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

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; and for other purposes.

The following substitute, offered by Mr. Groover of the 75th, was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 88-19, of the Code of Georgia relating to the regulation of health related institutions, so as to provide, in order to insure the economical and orderly develop ment of hospitals, nursing homes, and related health care institutions, that no such institution shall be constructed or expended or converted from one form of usage to another, or operated unless there has been issued to it a certificate of need; to establish the Health Faciltiies Need Council and the Hospital Need Committee and the Long Term Health Care Need Committee as subdivisions of said Council; to establish the standards and procedures which shall be utilized in the determination

WEDNESDAY, MARCH 14, 1973

3037

of whether a certificate shall be issued; to provide for the procedure governing the issuance of such certificates; to provide for enforcement and penalties; 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 88-19 of the Code of Georgia, relating to regulation of hospitals and related institutions, is hereby amended by adding the following new sections, to be numbered Sections 88-1911 through 88-1928, which shall read as follows:

"88-1911 Certificate of Need Required.

From and after the effective date of this Act, institution as defined or classified pursuant to this chapter shall be constructed, expanded or converted from one form of usage to another without first obtaining from the Commissioner of Human Resources, in the manner hereinafter provided, a specific certificate of need for the particular health care service to be provided; provided, however, that no certificate of need shall be required for the construction, expansion or conversion of any institution by any hospital authority if an election has been held prior to March 15, 1973, for the issuance of bonds for the purpose of financing any such project. College and university infirmaries and health care institutions that are members of the American Association of Medical Colleges and/or the Council of Teaching Hospitals with educational programs for health manpower are excepted from the requirement of a Certificate of Need except for changes in general type institutional services that are designed primarily to serve the local health planning area. This provision does not apply to long term health care used primarily for nursing care.

88-1912 Definitions
(a) Certificate of Need means an official determination by the State of Georgia, evidenced by certification issued pursuant to an application, and after official determination that any con struction, or expansion, or conversion proposed in the application for such specific Certificate of Need is necessary to provide re quired health care in the area to be served, can be economically accomplished and maintained, and will contribute to the orderly development of adequate and effective health services in the area.
(b) Long Term Health Care Facility means any health care facility or institution, regardless of the type license which such facility or institution holds, which is engaged in or otherwise provides:
(1) Care for persons who because of physical or mental conditions, or both, require or desire living accommodations and care which, as a practical matter, can best be made available to them through institutional facilities, providing a

3038

JOURNAL OF THE HOUSE,

protective or supervised environment, other than acute care units of hospitals, physical medicine-rehabilitation hospitals, or rehabilitation units within hospitals, or psychiatric hospitals or psychiatric units in the hospitals and,

(2) Care for persons and patients who require a combina tion of health care services and personal care services which are in addition to the above and may include, but are necessarily restricted to, one or more of the following care services:

(i) Therapeutic diets,
(ii) Regular observation of the patient's physical and mental condition,
(iii) Personal assistance including bathing, dressing, grooming, ambulation, transportation and housekeeping,
(iv) An organized program of social and recreational activities,
(v) Assistance with self-administered medications,
(vi) Emergency-medical care including bedside nursing during temporary periods of illness,

(vii) Professional nursing supervision,
(viii) Skilled nursing care as further defined by the Social Security Act Amendments of 1971, Title XIX of the Social Security Act as amended, 45 CFR Sec. 249.10 (b) (4),
(ix) Medical care and services by a licensed practitioner,

(x) Other special medical and social care services for diagnostic and treatment purposes of rehabilitative, restorative, or maintenance nature, designed to restore or maintain the person in the most normal physical and social condition attainable.

(c) Expansion means increasing the bed capacity of a hospital, nursing home, or other long term health care facility and does not include making improvements in such a facility when such improve ments do not increase bed capacity.

(d) Conversion or conforming means making the necessary physical, administrative, personnel or other changes in an existing facility to cause the facility, or any portion thereof, to acquire a health care usage or capability that it formerly did not have, or to cause a hospital to become a nursing home or other long term health care facility, or to cause a nursing home or other long term health care facility to become a hospital.

WEDNESDAY, MARCH 14, 1973

3039

88-1913 Criteria for Issuance of A Certificate of Need

Determination to issue or deny a Certificate of Need shall be based on thorough investigation, and public hearings. In making such determination there shall be taken into consideration:

(a) the availability and adequacy of existing facilities or services which may serve as alternatives or substitutes,

(b) the adequacy of financial resources and sources of future revenues,

(c) the availability of sufficient licensed personnel in the several professional disciplines and sufficient manpower to properly staff and operate the proposed facility,

(d) such other matters which are deemed necessary and ap propriate for the reasonable consideration of the application.

88-1914 Health Facilities Need Council
(a) The Health Facilities Need Council, which is established as set forth herein, shall make the determination for Certificate of Need for Hospital Facilities and for Certificate of Need for Long Term Health Care Facilities in the manner set forth herein. Said Council shall consist of eighteen members, half of whom shall comprise the Hospital Need Committee and half shall comprise the Long Term Health Care Need Committee as set forth herein.
(b) The Council shall elect from its own membership a Chair man, Vice-Chairman, and Secretary. Said officers shall be elected annually by the Council by a majority vote of its full membership. No person may serve as Chairman for more than one year. The first meeting for the election of officers shall be held during April, 1973. Thereafter, officers shall be elected at the first meeting of the Council held during April of each year, and a meeting shall be held during that month each year for the purpose of electing officers. Twelve members shall constitute a quorum for the transac tion of business with a majority of those present being required for affirmative action, except as otherwise specified herein. The Council shall hold at least six meetings during each calendar year and shall also meet on the call of the Chairman or the call of a majority of the members of the Council by petitioning the Chairman, in writing, for such meeting, at least 10 days prior to the call which shall give 10 days notice of the meeting itself.

88-1915 Hospital Need Committee
(a) The Hospital Need Committee shall make the initial findings and recommendations regarding Certificates of Need for Hospitals.

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JOURNAL OF THE HOUSE,

(b) The Hospital Need Committee shall consist of nine mem bers as hereinafter provided.

(1) One member shall be appointed by the Governor from a list of three names submitted by the Georgia Nursing Home
Association.

(2) Two members shall be appointed by the State Senate Health and Welfare Committee from the public at large to
represent consumer interests.

(3) Two members shall be appointed by the State House of Representatives Health and Ecology Committee from the public at large to represent consumer interests.
(4) Four members shall be appointed by the Governor from a list of names, three names for each seat, submitted to him by the Georgia Hospital Association.
(c) (1) The Governor's appointee ((b) (1) above) shall serve for a term concurrent with the term of office of the Governor.
(2) The terms of the appointees by Senate Health and Welfare Committee, and House of Representatives Health and Ecology Committee shall be for four years commencing April 1, however, half the initial appointments shall be for two years. Successors to these initial appointees shall all be appointed by said committees for terms of four years.
(3) The Governor shall appoint the remaining four mem bers so that one shall serve for an initial term of four years, one shall serve for an initial term of three years, one shall serve for an initial term of two years, and one shall serve for an initial term of one year. Successors to these initial appointees shall all be appointed by the Governor for terms of four years.
(4) The initial terms for all appointees shall commence April 1, 1973.
(5) No individual may be appointed to or serve on said Committee for more than four consecutive years unless the period of four years has elapsed since a previous service on the Committee, if his total previous service was for a period longer than two years.

(6) An appointee shall continue to serve, regardless of the term of appointment, until a successor has been duly appointed to replace him.

(d) The Committee shall elect from its own membership a Chairman, Vice-Chairman, and Secretary. Said officers shall be elected annually by the Committee by a majority vote of its full

WEDNESDAY, MARCH 14, 1973

3041

membership. No person may serve as Chairman for more than one year. The first meeting for the election of officers shall be held during April, 1973. Thereafter, officers shall be elected at the first meeting of the Committee held during April of each year, and a meeting shall be held during that month each year for the purpose of electing officers. Six members shall constitute a quorum for the transaction of business with a majority of those present being required for affirmative action. The Committee shall hold at least six meetings during each calendar year and shall also meet on the call of the Chairman or the call of a majority of the members of the Committee by petitioning the Chairman, in writing, for such meeting, at least ten days prior to the call which shall give ten days notice of the meeting itself.

88-1916 Long Term Health Care Need Committee

(a) The Long Term Health Care Need Committee shall make the initial findings and recommendations regarding Certificates of Need for Long Term Health Care facilities.

(b) The Long Term Health Care Need Committee shall consist of nine members as hereinafter provided.

(1) One member shall be appointed by the Governor from a list of three names submitted by the Georgia Hospital Associa tion.

(2) Two members shall be appointed by the State Senate Health and Welfare Committee from the public at large to represent consumer interests.

(3) Two members shall be appointed by the State House of Representatives Health and Ecology Committee from the public at large to represent consumer interests.

(4) Four members shall be appointed by the Governor from a list of names, three names for each seat, submitted to him by the Georgia Nursing Home Association.

(c) (1) The Governor's appointee ( (b) (1) above) shall serve for a term concurrent with the term of office of the Governor.

(2) The terms of the appointees by Senate Health and Welfare Committee, and House of Representatives Health and Ecology Committee shall be for four years commencing April 1, however, half the initial appointments shall be for two years. Successors to these initial appointees shall all be appointed by said committees for terms of four years.

(3) The Governor shall appoint the remaining four mem bers so that one shall serve for an initial term of four years, one shall serve for an initial term of three years, one shall serve

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JOURNAL OF THE HOUSE,

for an initial term of two years, and one shall serve for an initial term of one year. Successors to these initial appointees shall all be appointed by the Governor for terms of four years.

(4) The initial terms for all appointees shall commence April 1, 1973.

(5) No individual may be appointed to or serve on said Committee for more than four consecutive years unless the period of four years has elapsed since a previous service on the Committee, if his total previous service was for a period longer than two years.

(6) An appointee shall continue to serve, regardless of the term of appointment, until a successor has been duly appointed to replace him.

(d) The Committee shall elect from its own membership a Chairman, Vice-Chairman, and Secretary. Said officers shall be elected annually by the Committee by a majority vote of its full membership. No person may serve as Chairman for more than one year. The first meeting for the election of officers shall be held during April, 1973. Thereafter, officers shall be elected at the first meeting of the Committee held during April of each year, and a meeting shall be held during that month each year for the purpose of electing officers. Six members shall constitute a quorum for the transaction of business with a majority of those present being required for affirmative action. The Committee shall hold at least six meetings during each calendar year and shall also meet on the call of the Chairman or the call of a majority of the members of the Committee by petitioning the Chairman, in writing, for such meeting, at least ten days prior to the call which shall give ten days notice of the meeting itself.

88-1917 Status of Health Facilities Need Council

The Health Facilities Need Council shall be an agency of the Department of Human Resources and its administrative func tions shall be carried out through the staff of said Department. Members of the Council shall not be compensated for service as such members but will be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties.

88-1918 Powers, Duties, and Functions of the Council and the Committees

(a) The Hospital Need Committee shall have the power and the duty to make the initial findings and recommendations regard ing the need for the construction and expansion of hospital facilities and also the conversion and conforming of existing facilities into facilities for hospital care. The Long Term Health Care Need Committee shall have the power and the duty to make the initial findings and recommendations regarding the need for the construc tion and expansion of nursing homes and other long term health

WEDNESDAY, MARCH 14, 1973

3043

care facilities and the conversion and conforming of existing facilities regardless of licensure into facilities for long term health

(b) There shall be no proxy voting in either of the Committees or in the Council.
(c) In carrying out the foregoing powers and duties, the Council and each said Committee, with the concurrence of the Council, shall be authorized to adopt and promulgate such rules and regulations governing the application for and the consideration of Certificates of Need as hereinafter provided. All such rules and regulations of said Council and its Committees shall be subject to the provisions of Code Section 88-307, relative to rules and regula tions of the Department of Human Resources.
88-1919 Application for Certificate of Need
(a) Every person, partnership, corporation or other entity and every county, municipality and state agency or other political sub-division of this State desiring to construct or expand a health care facility or convert or conform an existing health care facility from one form of usage to another shall make application to the Council for forwarding to the appropriate Committee for a specific Certificate of Need for the particular health care service sought to be provided. Such application shall be in such form and ac companied by such information as each Committee shall prescribe by rules and regulations, and shall include but not be limited to, financial statements and a complete list of trustees, stockholders, partners, and owners. Each application shall be accompanied by a fee of $100.00. A site which has been previously denied a Certifi cate of Need shall not be the subject of a new application until a period of one year has passed from the date of said denial.
(b) Within 75 days after the receipt of any such application by the particular Committee having jurisdiction, said Committee shall cause a thorough investigation to be made of the need for the health care facility or the expansion or conversion of usage pro posed, and shall hold a public hearing at a scheduled Committee meeting on the subject in order to make a finding and recommenda tion relative thereto. The Committee shall also obtain and take into consideration the findings and recommendation of any ap proved areawide health planning agency involving the site in question (unless said planning agency has failed to act within a reasonable period of 60 days after receiving notice from the Health Facilities Need Council of said proposed health care facility applica tion) . Where the areawide health planning agency is a part of a multi-purpose planning agency, the recommendations of the Health Planning Council and the Board of the parent agency shall be obtained and forwarded. Not less than thirty days prior to the date of said hearing the Committee shall notify all such parties it deems to have interest in the matter. Such prior notice shall include, but not be limited to, all existing hospitals and all long term health care facilities within a radius of twenty-five miles of the site for which application is made. After the aforesaid

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JOURNAL OF THE HOUSE,

investigation and hearing, the Committee shall make its recom mendation, which may be to approve or deny at once, or to defer its decision until not later than the next following Committee meet ing at which time the recommendation must be made.

(c) The Committee involved shall immediately communicate its recommendation to the Health Facility Needs Council. The Council shall cause notice in writing to be sent within seven days to the applicant and all registered parties at interest appearing at the Committee hearing. The notice shall also inform the parties of the scheduled date of the review of the recommendation by the Council.

(d) A finding and recommendation of a Committee on any question of fact shall not be disturbed unless it is clearly and substantially against the weight of the evidence. Each said finding and recommendation shall be reviewed by the Council within a reasonable period of time not to exceed seventy-five days. A finding and recommendation of a Committee may be overturned by a vote of two-thirds of the membership of the full Health Facilities Need Council. Unless overturned as aforesaid, the recommendations of a Committee shall become the final decision of said Council. If there is no appeal by an aggrieved party at interest within thirty days after a Council decision, then the appropriate Certificate of Need shall be issued by the Commissioner of Human Resources
to a successful applicant.

88-1920 Appellate Review

(a) A final decision of the Health Facilities Need Council determined, as aforesaid, on any question of fact shall not be disturbed unless it is clearly and substantially against the weight of the evidence. A communication from the Council informing an applicant and other parties at interest of the decision of the Health Facilities Need Council shall advise the parties that a request may be made for a hearing before the Board of Human Resources to appeal the decision. An aggrieved party may request a hearing before the Board of Human Resources to appeal the Council's de cision by filing a request therefore with the Commissioner of Human Resources within twenty days after the notice of the decision has been postmarked. The appellant shall then be given a hearing before the Board of Human Resources no later than said Board's third regular meeting after filing appeal. Any decision appealed hereunder may be overturned only by a vote of the majority of the members of the full Board of Human Resources. After the Board renders its decision, the Commissioner of Human Resources shall within ten days send notice of the decision to the applicant and all hospitals, nursing homes and other long term health care facilities within twenty-five miles of the proposed site.

If there has been no appeal to the Courts within forty-five days from the date said notice of decision has been mailed, then the Commissioner may issue a Certificate of Need to an applicant who has been successful in his appeal to the Board of Human
Resources.

WEDNESDAY, MARCH 14, 1973

3045

(b) An applicant or any interested party including any hos pital, nursing home or other long term health care facility within twenty-five miles of the proposed site which is aggrieved by the final decision of the Board of Human Resources shall be entitled to judicial review thereof, in accordance with the provisions of Code Section 88-305, relative to appeals from the final orders or action of the Department of Human Resources. Except as other wise provided by this Section, the procedural requirements of Code Section 88-305 shall apply to appeals brought pursuant to the provisions of this Section.

88-1921 Submission of Specifications for Facility

A Certificate of Need issued pursuant to the provisions of this Act shall be valid for six months after issuance thereof, during which time the applicant shall submit to the Division of Physical Health of the Department of Human Resources the plans and specifications for the health care facility to be constructed, ex panded, converted, or otherwise established. If such plans and specifications are not submitted within the time specified, then such Certificate shall be null and void. If plans and specifications are submitted within the specified time, the Division of Physical Health shall approve or disapprove such plans and specifications. The applicant must begin the construction, expansion, conversion or conforming of the particular health care facility within six months of the approval of the plans and specifications and must proceed to complete said facility within twenty-four months of the approval of the plans or the Certificate of Need shall be cancelled. The aforesaid limitation periods of six months, six months, and twenty-four months may be enlarged by the Committee involved for up to an additional six months, six months and twenty-four months respectively in each period provided the applicant makes a special request therefore showing diligent effort and progress satisfactory to the Committee involved.

88-1922 Assistance of Health Planning Agencies
The State Office of Comprehensive Health Planning which shall be assisted by any approved areawide health planning agency functioning in the area affected by the application, shall assist and cooperate with the Health Facilities Need Council and the Com mittee involved in making the decision as to whether a Certificate of Need shall be issued, in accordance with the rules and regulations of the Council and the Committee involved.

88-1923 Evidence of Need
(a) Less than 18 f/c empty acute care hospital beds in the area, for an average for the previous year, may be evidence of a need for additional capacity.
(b) Less than 10% empty long term health care beds in the area, for an average for the previous year, may be evidence of a need for additional capacity.

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JOURNAL OF THE HOUSE,

88-1924 Offices of Physicians Excluded

The provisions of this Act shall not apply to the offices of physicians and others practicing the healing arts unless the hospital and long term health care facilities and services described in this
chapter are provided therein.

88-1925 Excluded Appointments

(a) No individual shall be appointed to represent the con sumer's interest who has a financial interest in any hospital, nursing home, or other long term health care facility, or who serves in any capacity with any hospital, nursing home, or other long term health facility.

(b) No member of the Board of Human Resources shall serve in any capacity on the Health Facilities Need Council.

88-1926 Enforcement and Penalties

(a) Any person who constructs, expands, converts, conforms, or otherwise establishes or begins the establishment of a hospital, nursing home, or long term health care facility without first obtaining a Certificate of Need, as provided by this Act, shall be denied a license to operate any hospital, nursing home, or long term health care facility, and, if said facility operates after being denied a license, the person or persons involved, including all officers and directors of said facility, shall be guilty of a mis demeanor and upon conviction thereof shall be punished as for a misdemeanor. When the Commissioner of Human Resources, or his authorized agent or representative notifies in writing, by Certified mail, return receipt, any person natural or otherwise who has commenced, by any of the aforesaid methods, the establishment of a hospital, or nursing home, or other long term health care facility in violation of this Act, to cease and desist, then each day that such person or persons and all officers and directors of the entity continue with the establishment of such facility shall consti tute a separate offense.

(b) In addition to the penalties provided by the above para graph, the Department of Human Resources may institute ap propriate proceedings for the purpose of enjoining a violation of the provisions of this Act in accordance with the provisions of Code Section 88-302.

88-1927 Immunity of Members, Officers, or Employees from Civil Action

No member, officer, or employee of any health planning body shall be subject to civil action in any court as the result of any act done or failure to act, or of any statement or opinion made, while discharging his duties under this Act as such member, officer or employee, provided he acted in good faith with reasonable care and upon proper cause.

WEDNESDAY, MARCH 14, 1973

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88-1928

The provisions of the Georgia Administrative Procedure Act, Georgia Laws 1964, p. 338, as amended, shall govern the exercise of regulatory authority granted by this Act."

Section 2. In the event of 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 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. The Act shall not apply to those now under construction or in the planning stage on the effective date of this Act.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the roll call was 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 Bennett Berlin Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray
Brown, C.

Brown, S. P. Burruss Burton Busbee Carr Carrell Castleberry Chance Clark Cole Collins, M. Collins, S. Colwell Daugherty Davis, E. T. Davis, W.
Dean, J. E.

Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Egan Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Groover Hamilton
Harden

3048
Harrington Harris, J. R. Harrison Hawes Hays Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin

JOURNAL OF THE HOUSE,

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. Rainey Reaves Ritchie Roach Rogers Ross Rush
Russell, J.

Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sttrickland
Sweat Thomason Thompson
Toles Triplett Turner Twiggs Vaughn Waddle Walker Wall Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L.
Wood

Those voting in the negative were Messrs.:

King

Larsen, W. W.

Nessmith

Those not voting were Messrs.:

Adams, J. H. Beckham Berry Bond Brown, B. D. Buck Carlisle Coleman Coney Connell Dean, Gib Dickey Elliott Ellis

Evans Ezzard Parrar Floyd, J. H. Gignilliat Greer Harris, J. F. Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howell Irwin, J. R. Levitas

Lewis Mason Mullinax
Noble Northcutt Phillips, L. L. Pinkston
Savage Townsend Tucker Wamble Wheeler, Bobby Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 136, nays 3.

WEDNESDAY, MARCH 14, 1973

3049

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

SB 301. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend Code Section 13-2002, so as to change the qualifications of directors; and for other purposes.

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

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 Bostick Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent

Dixon Dollar Dorminy Duke Edwards Egan Elliott Ployd, L. R. Foster Geisinger Grahl Grantham Groover Harden Harrington Harris, J. F. Harrison Hays Horton, W. L. 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. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Rainey Reaves Ritchie Roach Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B.

3050
Snow Stephens Strickland Sweat Thomason Thompson Toles

JOURNAL OF THE HOUSE,

Townsend Turner Vaughn Waddle Walker Wall Wamble

Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Voting in the negative was Mr. J. R. Harris.

Those not voting were Messrs.:

Alien Bond Bray Brown, B. D. Carlisle Chance Colwell Dean, Gib Dickey Ellis Evans Ezzard Floyd, J. H.

Fraser Gignilliat Greer Hamilton Hawes Hill, B. L. Hill, G. Horton, G. T. Howell Jones Levitas Mason Murphy
Nix

Noble Northcutt Patten, G. C. Phillips, L. L. Pinkston Rogers Russell, W. D. Triplett Tucker Twiggs Wheeler, Bobby Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 138, nays 1.

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

SB 369. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend an Act providing that a trust shall be executory, so as to provide that a trust deemed executory by that statute may not be revoked or terminated in whole or in part if it is otherwise irrevocable; and for other purposes.

The following amendment was read and adopted:
The Committee on Special Judiciary amends Section 1 of Senate Bill 369 by adding the words "or in the estate of such settlor or other person" to the end of line 66, so that when so amended, Section 1 shall read as follows:
"Section 1. A trust shall be executory, and the legal estate shall remain in the trustee, whether or not the beneficiary or

WEDNESDAY, MARCH 14, 1973

3051

beneficiaries be sui juris and whether or not any remainder interest be created, so long as the trustee has any powers or duties in regard to the trust property such as to preserve or protect, to manage, to invest or reinvest, to collect income or proceeds, to sell or otherwise dispose of, to ascertain the objects or the beneficiaries, or to distribute income or principal; and no such trust which is expressly or impliedly made irrevocable may be revoked or termi nated in whole or in part while the trust is executory; and no such trust shall be considered to be executed or revocable because the testator or settlor or some other person has a life estate therein and has or retains a general power of appointment over assets in the trust or a remainder interest therein goes to or vests in the estate of such testator or goes to or vests in such settlor or other person or in the estate of such settlor or other person."

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 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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 "cleaning corporation"; and for other purposes.

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

On the passage of the Bill, the ayes were 143, 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 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

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JOURNAL OF THE HOUSE,

up and removal of certain rare specimens of plant life from public lands within this State; and for other purposes.

The following Senate substitute was read:
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 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. 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 become subject to the protection of this Act.
(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

WEDNESDAY, MARCH 14, 1973

3053

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 land owner 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 from the land of another unless each shipment thereof has affixed thereto a tag supplied by the Department showing that the person so transporting, carrying or conveying such protected species 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.

Mr. Geisinger of the 44th moved that the House agree to the Senate substitute to HB 594.

On the motion, the ayes were 148, nays 0.

The motion prevailed and the Senate substitute to HB 594 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 Bills of the Senate

3054

JOURNAL OF THE HOUSE,

SB 413. By Senator London of the 50th:
A Bill to repeal and replace the Charter of the City of Clarkesville in the County of Habersham.

SB 414. By Senator London of the 50th:
A Bill to amend an Act providing a new charter for the City of Dahlonega, so as to change the provisions relative to the qualification of the recorder.

SB 415. By Senator London of the 50th:
A Bill to place the Coroner of Rabun County upon a monthly salary in lieu of fees.

SB 417. By Senator London of the 50th:
A Bill to amend an Act placing the Sheriff of Rabun County upon an annual salary, as amended, so as to provide that the governing authority of Rabun County shall pay to the sheriff the sum of not less than $3.00 per day to the sheriff per prisoner for feeding prisoners confined in the common jail.

SB 419. By Senator London of the 50th:
A Bill to provide for a secretary for the Solicitor of the State Court of Habersham County.

SB 218. By Senator Stephens of the 36th:
A Bill to amend an Act establishing a new charter for the City of Atlanta.

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

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.

WEDNESDAY, MARCH 14, 1973

3055

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

On the passage of the Bill, the ayes were 150, nays 0 .

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

HR 108-387. By Mr. Larsen of the 27th: A Resolution compensating the Sessions Company, Inc., Enterprise, Alabama; 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 130, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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.

The following Senate substitute was read:
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 and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. Laws 1955, p. 3057), as amended, so as to provide for a new Clarke County Board of Education; to provide for the election of the members of said Board; to provide for qualifications; to provide for filling vacancies; to provide for a quorum; to provide for the

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JOURNAL OF THE HOUSE,

compensation of members of said Board; to provide for regular and special meetings of said Board; to change the provision relative to the election of officers of said Board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for a special election; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act providing for the merger of the independent school system of the mayor and council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. Laws 1955, p. 3057), as amended, is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The Clarke County School District shall be administered by the Clarke County Board of Education which shall be composed of nine (9) members who shall be elected as hereinafter provided.
(b) For the purpose of electing the members of the Clarke County Board of Education, there shall be nine posts to be occupied by the members of said Board.
(c) Each member of the Clarke County Board of Education shall have been a resident of Clarke County for at least one year immediately preceding his election. A candidate offering for election to said Board shall designate the post for which he offers as a candidate. The members of said Board shall be elected by a ma jority vote of the qualified voters voting within Clarke County at large. All members of the Board shall be at least 18 years of age on the date of their election and of good moral character.

(d) If this Act shall be approved in the election provided for in Section 5, the Ordinary of Clarke County shall set a date of No vember 5, 1974, for the election of the first members of said Board of Education. The candidates elected at said election shall take of fice on January 1, 1975, for terms as hereinafter provided.
(e) The candidates elected at said election from posts 1, 2, and 3 shall be elected for terms of two years and until their successors are duly elected and qualified. The candidates elected at said election from posts 4, 5 and 6 shall be elected for terms of three years and until their successors are duly elected and qualified. The candidates elected at said election from posts 7, 8, and 9 shall be elected for terms of four years and until their successors shall be elected at the general election immediately preceding the expiration of their re spective terms of office and shall take office on the first day of January following their election for terms of four years and until their successors are elected and qualified.

(f) In the event a vacancy occurs on said Board for any reason, the remaining members shall elect a qualified person to serve

WEDNESDAY, MARCH 14, 1973

3057

for the unexpired term when two years or less. If the unexpired term is more than two years, the vacancy shall be filled for the unex pired term by the election of a qualified person at the first general election following the occurrence of such vacancy.

(g) Each member of the Board, upon assuming office, shall take an oath faithfully to perform the duties of his office; said oath to be administered by the judge of the superior court of said county or by the clerk of the same.

(h) Five members of said Board shall constitute a quorum for the transaction of any business which may come before the Board. The members of the Board shall be entitled to receive the compen sation and expenses provided by Code Section 32-904, relating to the compensation of members of county boards of education, as the same is now or may hereafter be amended."

Section 2. Said Act is further amended by adding a new Section between Sections 5 and 6 to be designated Section 5A and to read as follows:

"Section 5A. (a) The Clarke County Board of Education shall hold regular monthly meetings on a date fixed by said Board, but by resolution, the Board may dispense with such meetings during June, July and August of each year. The President of said Board or the Superintendent of Education may call special meetings upon twentyfour hours written notice to the members and shall call a special meeting upon written request of three-fourths of the members of said Board.

(b) The purpose of the meetings provided for in subsection (a) of this Section shall be for the transaction of the business pertaining to the public schools under said Board's control. No business of the Board shall be transacted other than at such meetings. All such meetings shall be open to the public and the press, and a period shall be set aside to allow any citizen of the county to speak on mat ters relevant to the operation of the Clarke County school system. Provided, however, the Board may go into executive session for the purpose of discussing personnel, but no vote shall be taken while in executive Session."

Section 3. Said Act is further amended by striking the first para graph in Section 6 in its entirety and inserting in lieu thereof a new paragraph, to read as follows:

"At the first meeting of the Board in each year, said Board shall elect officers from its membership as hereinafter provided and shall set a date for the annual meeting of said Board, at which an nual meetings officers shall be elected from the membership to serve until the election of officers at the next annual meeting. All such officers shall be eligible to succeed themselves."

Section 4. The Clarke County Board of Education existing on the effective date of this Act shall continue in existence through De-

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JOURNAL OF THE HOUSE,

cember 31, 1974, but the terms of such members shall expire at that time and such Board shall stand abolished. The Board created herein shall be the successor to all the rights, powers, duties and obligations of such abolished Board, which are not inconsistent with the provisions of this Act.

Section 5. It shall be the duty of the Ordinary of Clarke County to issue the call for an election for the purpose of submitting this Act to the electors of the Clarke County School District for approval or re jection. The Ordinary shall set the date of such election for the same date as the general primary for that year, August 13, 1974, but shall issue the call for such election at least 30 days prior to the date thereof. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date hereof, in the official organ of Clarke County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act providing for a new Clarke County Board of Education with members thereof being
( ) NO elected from the County at large and providing for other matters relative thereto be approved?"
All persons desiring to vote in favor of the Act shall vote "Yes", and those persons desiring to vote for rejection of the Act shall vote "No". If more than one-half of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect.
The expense of such election shall be borne by Clarke County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result thereof to the Secretary of State.
Section 6. If this Act shall be approved in the election provided for in Section 5, the Ordinary of Clarke County shall call a special election on or before Friday, October 4, 1974, for the purpose of electing the mem bers of the Clarke County Board of Education provided for herein. The ordinary shall set the date of such election for the same date as the No vember election of that year, Tuesday, November 5, 1974. He shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Clarke County. The expense of such election shall be borne by Clarke County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

WEDNESDAY, MARCH 14, 1973

3059

Mr. Logan of the 62nd moved that the House agree to the Senate substitute to HB 980.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 980 was agreed to.

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

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.

Mr. Hawes of the 43rd moved that SR 12 be recommitted to the Committee on Judiciary for further study.
The motion prevailed.
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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 150, nays 0.

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

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-

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JOURNAL OF THE HOUSE,

haustively revising, superseding and consolidating the laws relating to the State Board of Corrections 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 sentence; and for other purposes.

The report of the Committee, which was favorable to the 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 Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brown, B. D. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell 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 Egan Elliott Evans 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, B. L. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, 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 Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer 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 Ritchie Rogers Ross Rush Russell, J.

WEDNESDAY, MARCH 14, 1973

3061

Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Thomason Thompson
Toles
Triplett Tucker

Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Voting in the negative was Mr. Howard.

Those not voting were Messrs.:

Beckham

Ellis

Brantley, H. L.

Ezzard

Bray

Farrar

Brown, C.

Hill, G.

Buck

Irwin, J. R.

Castleberry

Lane, W. J.

Chance

Mulherin

Dent

Nessmith

Edwards

Reaves Roach Smith, J. R. Sweat Town send Twiggs Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 154, nays 1.

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

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, 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 Cor rections; and for other purposes.

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

On the passage of the Bill, the ayes were 155, nays 0.

3062

JOURNAL OF THE HOUSE,

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

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, as amended, so as to authorize the Georgia Prison Industries Admin istration 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; 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 168, 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's insistence on its position in substituting the same:

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.

Mr. Levitas of the 50th moved that the House insist on its position in dis agreeing to the Senate substitute and that a Committee of Conference be ap pointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Levitas of the 50th, Vaughn of the 57th and Dean of the 60th:
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

WEDNESDAY, MARCH 14, 1973

3063

HB 815. By Messrs. Dean of the 17th, Phillips of the 103rd, Nessmith 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 Advisory Committee; and for other purposes.

The following Senate amendment was read:
Senator Dean of the 6th moves to amend HB 815 by striking on line 26, page 1, the following:
"1973"
and inserting in lieu thereof the following: "1977".

Mr. Dean of the 17th moved that the House agree to the Senate amendment to HB 815.
On the motion, the ayes were 159, nays 0.
The motion prevailed and the Senate amendment to HB 815 was agreed to.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:
SB 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; to provide a short title; to state the purposes of this Act; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

3064

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 Bailey Beckham Bennett Berlin Berry Bostick Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Burruss Burton Busbee 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
Elliott
Ellis
Evans
Ezzard
Floyd, J. H.
Floyd, L. R.
Foster
Geisinger

Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Howell Hudson Hutchinson Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert 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 Patton, G. C. Patten, R. L. Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Rogers Ross 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.
Wood

WEDNESDAY, MARCH 14, 1973

3065

Those voting in the negative were Messrs.:

Alexander, W. H. Blackshear

Hill, B. L.

Horton, W. L.

Those not voting were Messrs.:

Atherton Bohannon Bond Brown, B. D. Brown, C. Buck Carlisle Colwell Daugherty

Egan Parrar Fraser Hamilton Hill, G. Horton, G. T. Howard Irvin, J. Irvin, R.

Lane, Dick Noble Patterson Phillips, G. S. Roach Rush Townsend Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 4.

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

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, so as to exempt certain contracts of the Department of Transportation and the State Tollway Authority from said Resolution; and for other purposes.

The report of the Committee, which was favorable to the 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 Bennett Berlin Berry

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

3066
Cole Coleman Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Edwards Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harris, J. F. Harrison Hays Hill, B. L. Horton, G. T. Howard Howell

JOURNAL OF THE HOUSE,

Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones King Knight Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Murphy Nessmith Northcutt Odom Patten, G. C. Patten, R. L. Patterson

Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Rogers Ross Rush Russell, J. Shanahan Shepherd Smith, V. B. Snow Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Atherton Harris, J. R. Hawes Horton, W. L. Keyton

Kreeger Le vitas Morgan Nix

Noble Russell, W. D. Sams Stephens

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Beckham Bond Buck

Burruss Colwell Daugherty Dean, J. E. Duke

Egan Elliott Ezzard Hamilton Harrington

Hill, G. Irvin, R. Jordan Lane, Dick Larsen, G. K. Larsen, W. W.

WEDNESDAY, MARCH 14, 1973

3067

Marcus Oxford Petro Phillips, G. S. Roach Savage

Smith, J. R. Townsend Wall Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 136, nays 13.

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

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"; 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.

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Martin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett 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 Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E.
Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Elliott Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster

Fraser Geisinger Gignilliat Grahl Grantham Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Keyton King-
Knight

3068
Kreeger Lambert Lane, Dick Lane, W. J. 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

JOURNAL OF THE HOUSE,

Nessmith Nix Northcutt Odom 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 Shanahan Shepherd

Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Vaughn Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Voting in the negative was Mr. W. L. Horton

Those not voting were Messrs.:

Berlin Bohannon Castleberry Colwell Daugherty Dollar Egan Ellis Greer

Groover Hamilton Hill, B. L. Jordan Larsen, G. K. Marcus McKinney Noble

Oxford Phillips, G. S. Savage Townsend Twiggs Wamble Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 154, nays 1.

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

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-

WEDNESDAY, MARCH 14, 1973

3069

erty rather than the Director of the State Game and Pish 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 156, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

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 following Senate amendment was read:
County and Urban Affairs offers to amend HB 649 Section 7.22 by adding at the end thereof page 33, below line 5 the following:
"The provisions of this section shall not be construed to au thorize the establishment of standards for, or the regulation of the electrical wiring and equipment by or for a utility rendering com munication services and required by it to be utilized in the rendition of its duly authorized service to the public."

Mr. Patten of the 124th moved that the House agree to the Senate amend ment to HB 649.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 649 was agreed to.

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.

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JOURNAL OF THE HOUSE,

The following amendment was read:

The Senate Committee on County and Urban Affairs offers the following amendment:

Amend HB 887 by inserting in subsection (c) of Section 3, after the words "easements and franchises acquired," the following:

"including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such relocations are made necessary by the project,".

Mr. Patten of the 124th moved that the House agree to the Senate amend ment to HB 887.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 887 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 214. By Senators Jackson of the 16th, Hudgins of the loth 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", as amended, so as to permit vehicular traffic to turn right when facing a red or "Stop" signal under certain conditions; and for other purposes.
The following amendment was read and adopted:
Mr. Dollar of the 63rd moves to amend SB 214 by striking the following words from lines 23 and 24 of page 1:
"as indicated by a clearly visible line".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 14, 1973

3071

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 Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L.
Bray Brown, S. P. Buck Burton Carr 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 Dorminy Edwards Egan Elliott Ellis Parrar Floyd, J. H. Floyd, L. R. Foster Eraser

Geisinger Gignilliat Grahl Grantham Groover Hamilton 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 Jordan Keyton King Knight Kreeger 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 McDaniell McKinney Miles Milford

Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Oxford Patten R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, V. B.
Snow Stephens Strickland Sweat Thomason 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.:

Busbee Carlisle Carrell

Duke Lee, W. S. McCracken

Morgan Nix Odom

3072

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Atherton Bennett Bond Brown, B. D. Brown, C. Burruss Colwell Daugherty Dean, Gib

Evans Ezzard Hill, B. L. Horton, G. T. Jones McDonald Patten, G. C. Petro Pinkston

Reaves Ritchie Roach Russell, W. D. Smith, J. R. Townsend Wamble Wilson, M. L. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 144, nays 9.

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

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 & Senate and has instructed me to report same back to the House with the following recommendations:
SB 49. SB 50. HB 211. Do Pass, by Substitute. HB 282. Do Pass, by Substitute. HB 302. Do Pass, as Amended. HB 303. Do Pass, as Amended. HB 304. Do Pass, as Amended.
Respectfully submitted, Levitas of the 50th, Chairman.

WEDNESDAY, MARCH 14, 1973

3073

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

SB 49. By Senators Coverdell of the 40th, Garrard of the 37th and Ward of the 39th: A Bill to be entitled an Act to reorganize the Board of Education of 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.

SB 50. By Senator Coverdell of the 40th, Garrard of the 37th and Ward of the 39th:
A Bill to be entitled an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was 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 211. By Mr. Adams of the 36th: A Bill to be entitled an Act to require the Chairman of a Joint CityCounty Board of Tax Assessors in certain counties to certify and file with the Revenue Commissioner a copy of the tax digest; 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 Municipal Home Rule Act of 1965", approved March 26, 1965 (Ga. Laws 1965,

3074

JOURNAL OF THE HOUSE,

p. 298), as amended, so as to provide for the amendment of the charter of certain municipalities under certain circumstances and for certain purposes; 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 Municipal Home Rule Act of 1965", approved March 26, 1965 (Ga. Laws 1965, p. 298), as amended, is hereby amended by adding a new Section 3A between Section 3 and 4 to read as follows:

"Section 3A. When any municipality in this State having a population of 400,000 or more according to the United States De cennial Census of 1970 or any future such census is reincorporated and the existing charter of such municipality is completely revised by an Act of the General Assembly and, at the same session of the General Assembly at which the Act creating such new charter is adopted, other Acts of the General Assembly amending the exist ing charter of such municipality are also adopted, the governing authority of such municipality shall, prior to the end of the calendar year during which the Act creating a new charter and such other Acts amending the existing charter were adopted and pursuant to the procedures set forth in this Act, amend the new charter of such municipality so as to include therein such other Acts amending the existing charter of such municipality."

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 282. By Messrs. Greer of the 43rd and Brown of the 34th:
A Bill to amend an Act providing that cities having a certain popula tion shall furnish benefits to officers and employees of such cities; and for other purposes.

WEDNESDAY, MARCH 14, 1973

3075

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend an Act approved August 20, 1927 (Ga. Laws 1927, p. 265), providing that cities having a certain popula tion shall furnish benefits to officers and employees of such cities and for such other purposes set forth in the caption of said Act, as amended, particularly by an Act approved April 9, 1963 (Ga. Laws 1963, p. 3061), and by an Act approved March 4, 1964 (Ga. Laws 1964, p. 2407), so as to change the composition of the Board of Trustees; to provide for the election of certain members to said Board; to provide for vacancies occurring in said Board; to provide for necessary rules; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act approved August 20, 1927 (Ga. Laws 1927, p. 265), providing that cities having a certain population shall furnish benefits to officers and employees of such cities and for such other purposes set forth in the caption of said Act, as amended, particularly by an Act approved April 9, 1963 (Ga. Laws 1963, p. 3061), and by an Act approved March 4, 1964 (Ga. Laws 1964, p. 2407), is hereby amended by striking in its entirety Section 2 of said 1963 amendatory Act and inserting in lieu thereof a new Section 2, to read as follows:

"Section 2. There is hereby established a Board of Trustees, whose duty it shall be to see that the provisions of this Act are carried out and that funds are kept separate. Said Board of Trus tees shall be composed of the mayor, the city director of finance, one member of the aldermanic board to be appointed by the mayor annually, one member of the board of education to be elected an nually by the board of education, and two members to be elected every four years by the members of the school department par ticipating in said pension plan. The present member of said Board of Trustees so elected shall serve until February 1, 1975, and there after such member shall be elected for a term of four years in January of the year when the term of such member expires. There shall also be two members elected every four years by the nonschool employees participating in said pension plan. The term of the present member of the Board of Trustees representing nonschool employees and elected by the mayor and board of aldemen shall expire February 1, 1974, and his successors to be elected by the non-school employees participating in said pension plan shall be elected in January, 1974, and in January each four years there after for a term of lour years. The Board of Trustees shall also include one member elected every four years by the retired mem bers of the school department participating in said pension plan, and one member elected every four years by the retired non-school employees participating in said pension plan. These two members of the Board of Trustees elected by the retired participants in said pension plan shall be elected in January of 1974, and in January each four years thereafter for a term of four years. Any trustee who is not a member by virtue of his office and who misses three

3076

JOURNAL OF THE HOUSE,

consecutive meetings, after being properly notified thereof, shall be replaced as a Trustee at the next scheduled election.

If a vacancy occurs in the office of a Trustee, and there is more than six months before the term of such Trustee expires, a special election shall be called by the Board of Trustees to fill such vacancy for the remainder of the unexpired term. If a vacancy occurs in the office of a Trustee, and there is six months or less before the term of such Trustee expires, the vacancy shall be filled for the unexpired term by the remaining Trustees. Should a mem ber of the Board of Trustees, either elected by the members of the school department participating in such pension plan or elected by the non-school employees participating in such pension plan, retire before his term of office expires, the office of such Trustee shall be declared vacant and shall be filled as provided above.

The Board of Trustees shall be authorized to make all rules necessary in carrying out the provisions of this Act relative to elect ing members to the Board of Trustees; provided, however, that the names of candidates in any election shall be sent to those persons eligible to vote not more than 45 days nor less than 30 days before the said election.

In all cities subsequently coming under this Act, the first elec tions shall be held at the first regular meeting of the governing authorities of said city after the population shall be determined. Said Board of Trustees shall elect a chairman and a secretary thereof and all members of the Board shall serve without pay ex cept the secretary who shall be paid $50 per month from the pension fund. When any pension has been granted by said board, a check shall be drawn on the fund provided for the payment of the pension each month during the life of the pensioner, signed by the mayor and countersigned by the secretary. The Board of Trustees shall be authorized to pay out of the pension fund all necessary expenses in the operation of said Board. Said Board is authorized to make all necessary rules for the carrying out of the provisions of this Act, to reconcile conflicts therein, if any shall exist, and to provide for the equitable disposition of any matter not specifically covered by this Act, provided that such rules must be consistent with the terms and spirit of this Act. Provided that if such city has an administrative assistant to the mayor that the mayor shall have the privilege of designating such administrative assistant to the mayor to serve on the Foard of Trustees in his stead and, when so acting, he shall have all the powers herein conveyed to the mayor."

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

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

On the passage of the Bill, by substitute, the ayes were 115, nays 0.

WEDNESDAY, MARCH 14, 1973

3077

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

HB 302. By Messrs. Greer and Hawes of the 43rd, Brown of the 34th and others:
A Bill to amend an Act providing a system of pensions and other bene fits for members of paid fire departments in certain cities; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning & Community Affairs moves to amend HB 302 as follows:
By striking from the title on page 1 the following:
"in cities having a population of more than 150,000 by the United States Census of 1920, and any subsequent census".
By striking from the enacting clause on page 1 the following:
"in cities having a population of more than 150,000 by the United States Census of 1920, and any subsequent census",
and inserting in lieu thereof the following:
"in cities having a certain population".
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"Section 2. Said Act, approved August 13, 1924 (Ga. Laws 1924, p. 167), as amended, is hereby amended by striking from said Act, and the amendatory Acts thereof, wherever the same shall appear, the following:
'having a population of more than 150,000 by the United States Census of 1920, and any subsequent census',
and inserting in lieu thereof the following:
'having a population of more than 300,000 according to the sUuns.i'te"d States Decennial Census of 1970, or any such future cen

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

3078

JOURNAL OF THE HOUSE,

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 303. By Messrs. Greer and Hawes of the 43rd, Brown of the 34th and Townsend of the 24th:
A Bill to amend the Act providing for pensions for members of police departments in certain cities, so as to provide increased pension bene fits for such members and their dependents; and for other purposes.

The following Committee amendement was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 303 as follows:
By striking from the title on page 1 the following:
"in cities having a population of 150,000 or more, according to the last census of the United States or any subsequent census thereof",
and inserting in lieu thereof the following:
"in cities having a certain population".
By striking from the enacting clause on page 1 the following:
"in cities having a population of 150,000 or more, according to the last census of the United States, or any subsequent census thereof",
and inserting in lieu thereof the following:
"in cities having a certain population".
By renumbering Section 2 as Section 3 and inserting new Section 2 to read as follows:
"Section 2. Said Act, approved February 15, 1933 (Ga. Laws 1933, p. 213), as amended, is hereby amended by striking from said Act, and the amendatory Acts thereof, wherever the same shall appear, the following:
'having a population of 150,000 or more, according to the last census of the United States',

WEDNESDAY, MARCH 14, 1973

3079

and inserting in lieu thereof the following:

'having a population of more than 300,000 according to the United States Decennial Census of 1970' ".

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

On the passage of the Bill, as amended, the ayes were 115, nays 0.

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

HB 304. By Messrs. Greer and Hawes of the 43rd, Brown of the 34th and Townsend of the 24th:
A Bill to amend an Act providing that in certain cities, such cities shall furnish pensions to officers and employees; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 304 as follows:
By striking from the ttile, beginning on page 1, the following:
"providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or subsequent census,",
and inserting in lieu thereof the following:
"providing that cities having a certain population".
By striking from the enacting clause of page 1, the following:
"providing that cities having a population of more than 150,000 as disclosed by the United States census of 1920, or subsequent census,",
and inserting in lieu thereof the following:
"providing that cities having a certain population".

3080

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 ayes were 115, nays 0.

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

The following Resolution of the House was read and adopted:

HR 367. By Mr. Berlin of the 89th:
A RESOLUTION
Recognizing the unrecognized; commending the uncommended; con gratulating the uncongratulated; iniviting the uninvited; and authoriz ing the unauthorized; and for other purposes.
WHEREAS, there are vast numbers of people born and unborn who should be recognized but have not been recognized by this Body; and
WHEREAS, there are vast numbers of people born and unborn who should be commended but have not been commended by this Body; and
WHEREAS, there are vast numbers of people born and unborn who should be congratulated but have not been congratulated by this Body; and
WHEREAS, there are vast numbers of people born and unborn who should be invited but have not been invited by this Body; and
WHEREAS, there are vast numbers of matters which should have been authorized but have not been authorized by this Body; and
WHEREAS, each of the above is deserving of a Resolution from this august Body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby recognize the unrec ognized; commend the uncommended; congratulate the uncongratulated; invited the uninvited; and authorize the unauthorized.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby prohibited from sending appropriate copies of this Resolution to anyone, in the interest of fiscal responsibility.

WEDNESDAY, MARCH 14, 1973

3081

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

SB 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; to repeal conflicting laws; 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 146, nays 0.

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

SB 201. By Senator McGill of the 24th:
A Bill to be entitled an Act 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; 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 133, nays 0.

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

SB 254. By Senators Parker of the 31st and Duncan of the 30th:
A Bill to be entitled an Act to amend an Act providing that the State Board of Education shall prescribed and approve textbooks for a course in Federal and State government to be taught in high schools, so as to remove the provision relating to the approval and recommendation of textbooks; and for other purposes.

3082

JOURNAL OF THE HOUSE,

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berry Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr Chance Clark Cole Coleman Coiling, M. Colling, S. Colwell Coney Davis, E. T. Davis, W. Dean, N. Dent Dixon Dollar Dorminy Duke Elliott Ellis Evans Ezzard Farrar

Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham 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 Jordan Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell

McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Oxford Patten, G. C. Patten, R. L. Pearce Peters Petro Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn

Waddle Walker Wall Wamble

WEDNESDAY, MARCH 14, 1973

3083

Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Willis Wilson, J. M.

Those voting in the negative were Messrs.:

Lee, W. S.

Smith, V. B.

Those not voting were Messrs.:

Beckham Berlin Blackshear Bohannon
Brown, S. P. Carrell Castleberry Connell Daugherty Dean, Gib Dean, J. E.

Dickey Edwards Egan Grahl
Greer Groover Hamilton Hill, B. L. Irvin, R. Lambert Levitas

Mason Northcutt Odom Patterson
Phillips, G. S. Phillips, L. L. Smith, J. R. Ware Wilson, M. L. Wood Mr. Speaker

On the passage of the Bill, the ayes were 145, nays 2.

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

Messrs. Patterson and Bohannon of the 64th stated that they had been called from the floor of the House when the roll call was ordered on the passage of HB 254 but had they been present would have each voted "aye".

SB 370. By Senator Coggin of the 35th: A Bill to be entitled an Act to provide for the incorporation by refer ence of various fiduciary powers into wills, trust, or other instruments in writing; 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 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

3084

JOURNAL OF THE HOUSE,

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; to provide for the purpose and policy of said compact; 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 asj 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 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 Davis, E. T. Davis, W. Dean, N. Dent

Dickey Dollar Dorminy Duke Elliott Evans Farrar Floyd, J. H. Foster Fraser Geisinger Gignilliat 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. Jessup Johnson Jones Jordan Keyton King Knight Lane, Dick

Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.
Lewis Logan Lowrey Marcus Matthews, C. Mauldin McDaniell McDonald McKinney
Miles Milford Morgan Mulherin Mullinax Murphy Nessmith Nix Noble 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. Russell, W. D.
Sams Savage Shanahan Shepherd

WEDNESDAY, MARCH 14, 1973

3085

Snow Strickland Thomason Thompson
Toles
Townsend Triplett Tucker Turner

Twiggs Vaughn Walker
Wall Wamble Wheeler, Bobby
Wheeler, J. A. Wilson, J. M.

Those voting in the negative were Messrs.:

Atherton Collins, S.

Hill, G. Irwin, J. R.

Matthews, D. R.

Those not voting were Messrs.:

Alexander, W. M. Bohannon Castleberry Collins, M. Daugherty Dean, Gib Dean, J. E. Dixon Edwards Egan Ellis
Ezzard

Floyd, L. R. Grahl Hamilton Hill, B. I,. Kreeger Lambert Levitas Mason McCracken
Moyer Patterson

Smith, J. R. Smith, V. B. Stephens
Sweat Waddle
Ware Whitmire Williams Wilson, M. L. Wood Mr. Speaker

On the passage of the Bill, the ayes were 140, nays 5.

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

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.

The following Committee substitute was read:
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

3086

JOURNAL OF THE HOUSE,

Treasurer of the State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1055), 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 Transportation; to authorize the Commissioner to create such organiza tional elements as may be necessary for the efficient operation of the Department; 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 offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1055), is hereby amended by striking Section 13 in its entirety and substituting in lieu thereof a new Section 13 to read as follows:

"Section 13. EMPLOYMENT OF PERSONNEL BY DEPART MENT OF TRANSPORTATION; AUTHORITY FOR ORGANIZA TIONAL ELEMENTS. The Commissioner shall have the authority to employ, discharge, promote, supervise, and determine the com pensation of such personnel as he may deem necessary or useful to the effective operation and administration of the Department, ex cept that the Commissioner shall not employ a person who is re lated within the second degree of consanguinity to the Commis sioner or any member of the Board, provided that such prohibition shall not be applied so as to terminate the employment of persons employed before said prohibited relationship was created by the subsequent election of a Board member or appointment of a Com missioner. The Commissioner shall also have the authority to create, staff, abolish, and regulate such organizational elements as may be deemed necessary or proper for the efficient operation of the Department."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

The following amendment was read and adopted:
Mr. Vaughn of the 57th moves to amend SB 238 (Committee Sub stitute) as follows:
By adding in line 25 of page 1 of said Bill between the words "Com missioner" and "shall" the words "of the Department of Transportation".
By striking in line 13 of page 2 of said Bill the quotation mark fol lowing the word "Department".

WEDNESDAY, MARCH 14, 1973

3087

By adding between lines 13 and 14 a new paragraph to read as follows:

"The power granted to the Commissioner of the Department of Transportation herein shall be subject to and limited by the pro visions of an Act approved March 10, 1971 (Ga. L. 1971, p. 45; Ga. Code Ann. ch. 40-22), establishing a merit system for Department of Transportation employees, to the extent that the same, or any amendments thereto, are now or may be hereafter applicable to Department personnel."

By striking, beginning on line 14 of page 2 of said Bill the words "upon its approval by the Governor or upon its becoming law without his approval" and substituting in lieu thereof the following:

"July 2, 1973."

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 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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, as amended, so as to change the provisions relative to such meetings; 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 156, nays 0.

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

3088

JOURNAL OF THE HOUSE.

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, as amended, so as to change the penalty for possession of one ounce or less of mari juana from imprisonment of one year to 12 months; and for other purposes.

The following amendment was read:
Messrs. Beckham of the 82nd, Nix of the 20th and Cole of the 6th move to amend SB 14 by adding after line 26, the language:
"For successive offenses after the first the punishment shall be a felony instead of a misdemeanor."

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alexander, W. M. Alien Atherton Beckham Bennett Bohannon Bostick
Burton Carrell
Castleberry Chance Cole
Collins, S. Davis, W. Dean, Gib
Dean, N. Dent Dixon Dollar Dorminy
Duke Edwards
Elliott

Floyd, J. H. Floyd, L. R. Foster Gignilliat Grantham Harden Harris, J. F. Harrison Hays
Horton, W. L. Howard
Hudson Hutchinson Irvin, J.
Jones Kreeger Lambert
Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. S. Lewis
Lowrey Mason
McDaniell

Mullinax Nessmith Nix Noble Odom Oxford Patterson Peters Rainey
Rogers Strickland
Sweat Thomason Toles
Triplett Turner Walker
Wall Wamble Wheeler, Bobby Whitmire Williams
Willis Wilson, J. M.
Wood

WEDNESDAY, MARCH 14, 1973

3089

Those voting in the negative were Messrs.

Adams, J. H. Adams, Marvin Alexander, W. H. Bailey Berlin Blackshear Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Carlisle Carr Clark Collins, M. Coney Connell Daugherty Dickey Egan Ellis Evans Ezzard

Farrar Fraser Geisinger Grahl Greer Groover Hamilton Harris, J. R. Hawes Hill, B. L. Horton, G. T. Howell Irvin, R. Irwin, J. R. Johnson Keyton King Knight Lee, W. J. (Bill) Levitas Marcus Matthews, D. R. McCracken

McKinney Miles Morgan Murphy Northcutt Patten, R. L. Pearce Petro Phillips, L. L. Pinkston Ritchie Roach Ross Rush Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Vaughn Waddle

Those not voting were Messrs.:

Berry Brantley, H. L. Buck Burruss Busbee Coleman Colwell Davis, E. T. Dean, J. E. Harrington Hill, G. Jessup

Jordan Larsen, G. K. Logan Matthews, C. Mauldin McDonald Milford Moyer Mulherin Patten, G. C. Phillips, G. S. Reaves

Russell, J. Savage Stephens Thompson Townsend Tucker Twiggs Ware Wheeler, J. A. Wilson, M. L. Mr. Speaker

On the adoption of the amendment, the ayes were 75, nays 70.

The amendment was adopted.

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

3090

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Atherton Bailey Beckham Bennett Berlin Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burton Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, W. Dean, Gib Dent Dickey Dixon Dollar Duke

Edwards Egan Elliott Ellis Ezzard Farrar Floyd, L. R. Foster Geisinger Grahl Grantham Greer Groover Harden Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Howard Howell Hudson Hutchinson Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Levitas Lewis Lowrey Marcus Mason Matthews, D. R. McKinney

Miles Morgan Mulherin
Murphy Nessmith Nix Northcutt Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Rainey Ritchie Roach Rogers Rush Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Strickland Sweat Thomason Triplett Turner Vaughn Waddle
Walker Wheeler, Bobby Whitmire Williams Willis, R. T. Wilson, J. M.

Those voting in the negative were Messrs. :

Adams, J. H. Alien Bohannon Davis, E. T. Dean, N. Gignilliat

Harris, J. F. Hill, G. Irvin, J. Irwin, J. R. Jones Lee, W. S.

Odom Oxford Ross Toles Wall Wood

WEDNESDAY, MARCH 14, 1973

3091

Those not voting were Messrs.:

Alexander, W. M. Berry Bray Buck Burruss Busbee Colwell Dean, J. E. Dorminy Evans
Floyd, J. H. Praser
Hamilton Harrington Harrison Horton, W. L.

Irvin, R. Jessup Johnson Jordan Knight Larsen Logan Matthews, C. Mauldin McCracken
McDaniell McDonald
Milford Moyer Mullinax Noble

Patten, G. C. Phillips, G. S. Pinkston Reaves Russell, J. Savage Stephens Thompson Townsend Tucker
Twiggs Wamble
Ware Wheeler, J. A. Wilson, M. L. Mr. Speaker

On the passage of the Bill, as amended the ayes were 114, nays 18.

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

Mr. Brown of the 89th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to SB 14, as amended.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

SR 126. By Senator Wasden of the 2nd:
A Resolution authorizing the Properties Control Commission to grant an easement over a portion of the Savannah River located in Richmond County; and for other purposes.

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

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

3092

JOURNAL OP 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 Bennett Berlin Blackshear Bohannon Bond 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.
Coney
Connell
Daugherty
Davis, E. T.
Davis, W.
Dean, N.
Dent
Dickey
Dixon
Dollar
Dorminy
Duke
Edwards
Ellis
Evans
Floyd, J. H.

Floyd, L. R. Foster Fraser Geisinger Gignilliat 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. Irwin, J. R. 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.
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McCracken
McKinney
Miles

Milford Morgan Moyer Mullinax Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, 3. R. Smith, V. B.
Snow
Stephens
Sweat
Thomason
Thompson
Toles
Triplett
Tucker
Turner
Vaughn
Waddle
Walker
Wall
Wamble
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Willis
Wood

WEDNESDAY, MARCH 14, 1973

3093

Voting in the negative was Mr. Jessup.

Those not voting were Messrs.:

Berry Brown, B. D. Buck Colwell Dean, Gib Dean, J. E. Egan Elliott Ezzard Farrar
Hamilton

Horton, W. L. Irvin, R. Lambert Levitas McDaniell McDonald Mulherin Noble Pearce Petro

Phillips, G. S. Rainey Savage Strickland Townsend Twiggs Ware Wilson, J. M. Wilson, M. L. Mr. Speaker

On the adoption of the Resolution the ayes were 148, nays 1.

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

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 (popula tion not less than 90,000 and not more than 140,000) the homestead 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.
The following Senate substitute was read:
A BILL
To be entitled an Act to exempt from all ad valorem taxation for educational purposes levied by certain county school districts the home stead of any resident of any such county school district who is sixty-two 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 $6,000.00 per annum; to provide procedures for granting such exemption; to provide an effective date; to repeal conflicting laws; and for other purposes.

3094

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. In all counties of this State having a population of not less than 90,000 and not more than $140,000, according to the United States decennial census of 1970 or any future such census, the home stead of each resident of each county school district within such counties, who is sixty-two years of age or older, and who has income from all sources, including income from all sources of all members of his family residing within said homestead, not exceeding $6,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for or in behalf of any such county school system, provided the Board of Commissioners and the Board of Education in any of such counties concur in the granting of the exemption. No such exemption shall be granted unless an affidavit of the owner of the homestead, submitted on forms prepared for that purpose, is filed with the county tax re ceiver or tax commissioner, which affidavit shall state the owner's age,
the amount of income received by him in the calendar year next pre ceding the filing of the affidavit, the income received by all members of the owner's family residing within the homestead during the calendar year next preceding filing of the affidavit, and such other additional information as may be reasonably required by the county tax receiver or the tax commissioner. The exemption granted by this Act shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied as a residence by one or more such owners who possess the qualifications provided for in this Act. Such exemption shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein. The exemption provided for by this Act shall apply to all taxable years beginning after December 31, 1972.

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. Lee of the 68th moved that the House agree to the Senate substitute. On the motion to agree, the ayes were 105, nays 0.

The Senate substitute to HB 1071 was agreed to.

The following Resolutions of the House were read and adopted:

HE 368. By Mr. Bray of the 66th:
A RESOLUTION
Creating the Georgia Warm Springs Foundation Study Committee; and for other purposes.

WEDNESDAY, MARCH 14, 1973

3095

WHEREAS, Franklin D. Roosevelt, four times President of the United States, first came to Warm Springs, Georgia, in 1924 to test its pools as an aid in recovery from infantile paralysis, which struck him in 1921; and

WHEREAS, finding exercise in the warm, buoyant water beneficial, he became interested in developing the resort for other similarly af flicted; and

WHEREAS, the Georgia Warm Springs Foundation and the subse quent development of health facilities resulted from his efforts; and

WHEREAS, the National foundation for the Treatment of Infan tile Paralysis will no longer make contributions to the Georgia Warm Springs Foundation; and

WHEREAS, the Georgia Warm Springs Foundation has a large land area, hospital, dormitory space, and, in general, excellent health care facilities; and

WHEREAS, the State of Georgia should inquire into the feasibility of acquiring the property of the Georgia Warm Springs Foundation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Georgia Warm Springs Foundation Study Committee to be composed of five members appointed by the Speaker thereof. In the event that the Senate creates a similar Committee and the Committees work jointly, the Speaker of the House of Representatives shall appoint a vice chairman for such joint Committee. However, if the Senate does not create a similar Com mittee or if the Committees do not work jointly, the Speaker shall ap point a chairman for such House Committee. The Committee shall make a compresensive study of the feasibility of having the State acquire the property of the Georgia Warm Springs Foundation. The Committee may conduct such meetings at such places as it may deem necessary or convenient to enable it to fully and effectively exercise its powers, per form its duties and accomplish the objectives and purposes of this Reso lution. The members of the Committee shall receive allowances au thorized for legislative members of interim legislative committees, but for no longer than fifteen days unless an extension is obtained from the Speaker. The funds necessary to carry out the provisions of this Resolu tion shall come from the funds appropriated to or available to the legis lative branch of government.

HR 369. By Messrs. Berlin of the 89th and Burton of the 47th:
A RESOLUTION
Relative to Honorable Ted Hudson; and for other purposes.
WHEREAS, the distinguished and able Representative from the 115th District, Honorable Ted Hudson, has gained the reputation in the

3096

JOURNAL OF THE HOUSE,

house of Representatives as the foremost defender of the little old ladies in tennis shoes; and

WHEREAS, in addition to his advocacy of the causes to enhance such little old ladies, he has acquired the reputation of being one of this body's most raucous members due to his participation in the gay night life of Atlanta which consists principally of sitting in the barbershop of the Marriott Hotel and watching haircuts; and

WHEREAS, Ted Hudson has become famous for his extravagant and outlandish entertainment of his constituents who visit him at the Capitol during the sessions of the General Assembly, which entertain ment consists principally of lavish dinners being given at the cafeteria of the Greyhound Bus Station.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Honorable Ted Hudson for having gained the reputation of a suave and sophisticated legislator while still staunchly defending those causes espoused by the little old ladies in tennis shoes.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Honorable Ted Hudson.

HR 370. By Mr. Brown of the 34th, Mrs. Hamilton of the 31st, Messrs. Greer of the 43rd and Daugherty of the 33rd:
A RESOLUTION
Relative to Senate Bill 50, as passed the House of Representatives and Senate, which creates a new charter for the city of Atlanta; and for other purposes.
WHEREAS, Senate Bill 50, which creates a new charter for the City of Atlanta, passed the General Assembly on March 14, 1973; and
WHEREAS, paragraph (2) of subsection (a) of Section 2-102, relating to qualifications of candidates, provides that a candidate must be a resident of the city for at least one year and of the Council district for at least six months from which he seeks to qualify; and
WHEREAS, this particular provision is subject to two interpreta tions; and
WHEREAS, the General Assembly intended for a candidate to be a resident of the city for at least one year and of the Council district for at least six months prior to election from which he seeks to qualify.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby go on record stating

WEDNESDAY, MARCH 14, 1973

3097

that it was the intention of the General Assembly to require candidates to be a resident of the city for at least one year and of the Council dis trict for at least six months prior to election from which he seeks to qualify.

BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to forward an appropriate copy of this Resolution to the Mayor of the City of Atlanta and to the City Attorney of Atlanta.

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 Con ference on the following Bill of the House, to-wit:

HB 265. By Messrs. Levitas of the 50th and Vaughn of the 57th:
A Bill to provide for the payment of relocation and replacement housing expenses of any person or family displaced by a Federal-aid project.

The President has appointed on the part of the Senate the following Sen ators : Reynolds of the 48th, Garrard of the 37th, and Smith of the 34th.

The Senate insists on its amendment to the following Bill of the House, to-wit:

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 all a candidate to qualify for a primary by a qualifying petition and to provide the necessary procedures for this method.

The Senate has agreed to the House substitute, as amended by the Senate, to the following Bill of the Senate, to-wit:

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 governmental and corporate functions of the Commissioner and ex officio judges thereof, so as to change certain dates and times and coun cil districts.

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The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

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; and for other purposes.

The following Senate amendment to the House substitute was read:
Senator Riley of the 1st offers the following amendment to House Committee Substitute to SB 171:
By striking on page 1, lines 6 through 9, the following "as to change the provisions relative to the compensation of the Mayor and Council; to change the provisions relative to Council districts; to provide certain requirements and rights relative to certain incorporated municipalities."
By striking Section 1 on page 1.
By striking Section 2 on page 2.
By striking Section 4 on page 2.
By striking Section 5 on page 3.
By striking Section 6 on page 3.
By striking Section 9 and adding a new Section 9 to read as follows:
"A special election shall be held on the second Tuesday in Sep tember of 1973 for the purpose of electing the first Mayor and the ten (10) members of the first Council. The Board of Elections shall publish a notice of the call for such election in one or more news papers of general circulation in Chatham County for a period of once a week for three (3) weeks immediately preceding the date of election."
By striking Appendix I on page 7.
By adding "Section 14 Said Act is further amended by adding a new section between Sections 2-401 and 2-402 of Article II to be designated Section 2-401.1 and to read as follows:
'Section 2-401.1. Right to Organize.
a) Public employees of the Government shall have the right to organize for the purpose of improving the conditions of their em ployment. Any employee may refuse to join such organizations.

WEDNESDAY, MARCH 14, 1973

3099

b) The Government shall be required to recognize and bargain in good faith with bonafide employee organizations representing a majority of public employees in a like category or class.' "

Mr. Gignilliat of the 105th moved that the House disagree to the Senate amendment to the House substitute to SB 171.

The motion prevailed and the House disagreed to the Senate amendment to House substitute to SB 171.

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

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; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Section 13-203.1, relating to bank offices and bank facilities, so as to increase the number of bank offices or bank facilities which may be established by a parent bank or branch bank in certain counties; to provide that the Commissioner of the Department of Banking and Finance may determine population re quirements according to official census data or he may, in his discretion, utilize population estimates compiled by the Department of Human Re sources and population data compiled by public utilities and local govern mental agencies in determining the population requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 13-203.1, relating to bank offices and bank facilities, is hereby amended by striking in its entirety paragraph (2) of subsection (c) and substituting in lieu thereof the following:
"(2) Without limitation on the authority contained in Para graph (1) of this Subsection (c), and in furtherance thereof, the Superintendent of Banks may approve, with respect to any county now or hereafter having a population of 120,000, or under, the establishment of not more than the following number of either bank offices or bank facilities anywhere within the county in which the parent bank or branch bank is situated, as follows: counties within

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a population of $20,000 and under--two; counties with a population of 20,001 to 40,000--three; counties with a population of 40,001 to 60,000--four; counties with a population of 60,001 to 80,000-- five; counties with a population of 80,001 to 100,000--six; and counties with a population of 100,001 to 120,000--seven. The Com missioner of the Department of Banking and Finance may determine the population according to the United States decennial census of 1970 or any future such census or he may, in his discretion, utilize population estimates compiled by the Department of Human Re sources and population data compiled by public utilities and local governmental agencies in determining the population criteria set forth herein."

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

Mr. Vaughn of the 57th moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 156, nays 0.

The Senate substitute to HB 833 was agreed to.

HB 201. By Messrs. Collins of the 122nd, Reaves and Patten of the 124th and Wheeler of the 127th:
A Bill to be entitled an Act to regulate the treatment and sale of certain timber or timber products within the State of Georgia; and for other purposes.
The following Senate 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 provide 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 restrictions and qualifications on certain standards; to provide for exceptions; 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

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3101

or timber products and places in which timber or timber products are being treated; to provide for the taking of reasonable samples for testing purposes; to provide for the issuance and enforcement of stop sale, stop use or removal orders and the practice and pro cedure connected with such orders; to provide for the seizure and con demnation of certain treated timber or timber products not in com pliance 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 the suspension and revocation of licenses; to provide for notices and hearings; to provide for the practice and procedure in connection with such suspension and revocations; 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.

(6) "Timber" means sawn wood of five inches or more actual thickness.

(b) Any term which is not defined in subsection (a) shall have the definition ascribed to such term in the standards of American WoodPreservers' 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.

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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.

(c) Application for licenses shall be made in writing on a form obtained 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 of fered for sale, the type of treatment employed or to be employed, the preservative and the guaranteed average retention of preservative per cubic foot of wood, and the proposed brand to be used in identification.

Section 4. Standards for Preservatives and Treatment, (a) The Commissioner shall establish standards for preservatives used and the treatment of timber or timber products. Such standards shall be in con formity with those which shall be currently adopted by the American Wood-Preservers' Association of the American Wood Preservers Bureau. or both, except that the Commissioner may develop special regulations for the treatment of ash, oak, hickory, and other similar types of hard wood ; provided, however, that nothing in this Act shall be construed to prohibit any processor or treated timber or timber products from employ ing preservative and treatment standards for utility poles, piling, rail road ties, timbers or laminated structures when treated to meet pur chaser's engineered specification for specific applications.

(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, laminated 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 (2) inches actual in thickness shall have not less than twenty percent of the pieces in each shipment branded or marked.

(b) All number and plywood treated with water-borne preservatives shall comply with the American Wood Preservers Bureau of Standards.

(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

WEDNESDAY, MARCH 14, 1973

3103

the American Wood-Preservers' Association or as the listings may be updated from time to time.

Section 6. Shipping Documents Required. Each shipment of chemi cally treated timber or timber products shipped from the processor or by the dealer shall be accompanied by a shipping document 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 timber products.
(2) The preservative used and the guaranteed average reten tion 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 of 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 Commissioner 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 sub ject 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 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

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JOUENAL OF THE HOUSE,

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 loca tion 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.

Section 12. Prohibited Acts, (a) It shall be unlawful for any per son, 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 Commis sioner 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.

Mr. Collins of the 122nd moved that the House agree to the Senate substi tute.

On the motion to agree, the ayes were 149, nays 0.

The Senate substitute to HB 201 was agreed to.

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; and for other purposes.

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3105

The following Senate substitute was read:

A BILL

To be entitled an Act to amend an Act providing for an additional judge of the Superior Court of Cobb Judicial Circuit, approved February 16, 1960 (Ga. Laws 1960, p. 121), as amended by an Act approved March 7, 1961 (Ga. Laws 1961, p. 115), an Act approved April 2, 1963 (Ga. Laws 1963, p. 297), an Act approved March 31, 1965 (Ga. Laws 1965, p. 407), and an Act approved April 15, 1969 (Ga. Laws 1969, p. 414), 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; to provide definite and uniform compensation to be paid to court reporters for the preparation of criminal and civil transcripts in the said superior courts; to provide the procedures connected with the foregoing; to amend an Act creating the Cobb Judicial Circuit, ap proved February 19, 1951 (Ga. Laws 1951, p. 184), as amended, par ticularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 399), so as to change the provisions relating to the appointment of assistant district attorneys of said circuit; to change the salary provisions relat ing to the assistant district attorneys; 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 providing for an additional judge of the Superior Court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. Laws 1960, p. 121), as amended by an Act approved March 7, 1961 Ga. Laws 1961, p. 115), an Act approved April 2, 1963 (Ga. Laws 1963, p. 297), an Act approved March 31, 1965 (Ga. Laws 1965, p. 407), and an Act approved April 15, 1969 (Ga. Laws, p. 414), is hereby amended by striking Sections 9, 9(a), 9(b) and 9(c) in their entirety and substi tuting in lieu thereof a new Section 9 to read as follows:

"Section 9. The judges of the Superior Court of the Cobb Ju dicial Circuit are hereby authorized to employ an official court reporter for each judge. The compensation for each official court reporter is hereby fixed at $9,600.00 per annum. Such compensation shall be paid in equal monthly installments by the authority having charge of the fiscal affairs of Cobb County in the same manner as other county expenses are paid or upon the order of the presiding judges of said circuit. Said salary compensation shall be in lieu of all fees and any other compensation provided by law for attending the superior courts in the county comprising the Cobb Judicial Circuit as directed by the presiding judges of said circuit and the taking down of testimony in the trial of such criminal felony cases as are required by law to be recorded, including a committal court when ordered to do so by said judges at the request of the district attorney of said circuit.

(a) That the official court reporters of the superior courts of said circuit shall be paid the following compensation for prepara-

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tion of criminal trial transcripts in the superior courts, and in the state courts of said county; said compensation shall be paid by the authority having charge of the fiscal affairs of Cobb County upon the order of the presiding judges of said circuit:

For each legal page 8-%" x 14" and having thereon at least 23 lines, the sum of sixty (60c) cents per page for each transcript copy required by law under Code Section 6-805 (Ga. Laws 1965, p. 18, as amended, and subsequent amendments) ; and the further sum of thirty (30$) cents per page for each additional copy or copies as may be ordered by any party or parties; provided, however, when the copies are requested by any state or county officer, the copy shall be furnished at actual cost of duplication, and when duplicated by the officer, a copy shall be furnished without expense.

(b) That the official court reporters of the superior courts of said circuit shall be paid the following compensation for prepara tion of civil trial transcripts in the superior courts, and in the state courts of Cobb County:

The rate to be paid to court reporters by parties litigant for civil cases shall not exceed twenty (20V) cents per 100 words for take-down, and for each legal page 8-%" x 14" and having thereon at least 23 lines, the sum of fifty-five (55$) cents per page for each transcript copy of the proceedings and evidence, as required by an appellant. Any additional copy or copies of the appellant's transcript which may be ordered by an appellant, appellee or any other person, shall not exceed the rate of thirty (30$) cents per page of each transcript.

(c) That in all transcripts covered by this Act, an exhibit page shall be compensated at the same rate as the transcript pages, or the actual cost of reproducing each exhibit, whichever is the greater, regardless of the number of lines involved, provided the cost of reproducing an exhibit, whether by written description, photostatic or photographic reproduction, or otherwise, shall be borne by the court reporter."

Section 2. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. Laws 1951, p. 184), as amended, particularly by an Act approved March 27, 3972 (Ga. Laws 1972, p. 399), is hereby amended by striking Section 4B in its entirety and inserting in lieu thereof a new Section 4B to read as follows:

"Section 4B. The district attorney is hereby authorized to appoint in addition to those assistant district attorneys otherwise provided by law, two full-time or part-time assistant district attorneys who shall serve at the pleasure of the district attorney and who shall assist the district attorney in the performance of his duties. All assistant district attorneys shall have been admitted to the practice of law in all of the Courts of the State of Georgia, and be members in good standing of the State Bar of Georgia, and shall be authorized to serve in the place of the district attorney, in his absence or disqualification. All assistant district attorneys

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3107

shall be compensated in the sum of not less than $9,000.00 nor more than $20,000.00 per annum; provided, however, only the first assistant district attorney shall be paid more than $18,000.00. The exact amount of said compensation shall be determined by the district attorney of the Cobb Judicial Circuit. Said sums shall be payable in equal monthly installments from the general funds of said county with the exception that whenever the State of Georgia shall provide compensation to any of the assistant district attorneys, the amount of State compensation shall be deducted from the total salary paid from the general funds of Cobb County, Georgia.

Notwithstanding any other provisions of this Section, the governing authority of Cobb County shall be authorized to provide for additional assistant district attorneys to assist the district attorney in carrying out the duties of his office."

Section 3. Section 2 of this Act shall become effective on January 1, 1974. The other provisions of this Act shall become effective upon their approval by the Governor or upon their otherwise becoming law.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Kreeger of the 21st moved that the House agree to the Senate Substitute.

On the motion to agree, the ayes were 105, nays 0.

The Senate Substitute to HB 794 was agreed to.

HB 917. By Messrs. Kreeger of the 21st, Wilson and Howard of the 19th:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the Town of Austell; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 917 as follows:
By adding at the end of quoted Section 3R of Section 1 the follow ing:
"TRACT NO. 4. All that tract or parcel of land lying and being in Land Lots 1207, 1206, and 1236 of the 19th District, 2nd Section, Cobb County, Georgia, as shown on plat of survey prepared by A. 0. Carlile, Surveyor, dated April, 1968, a copy of which is recorded in Plat Book 45, page 165, Cobb County Records, and being more particularly described as follows: BEGINNING at an

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iron pin at the southeast corner of Land Lot 1207 which point is also the northeast corner of Land Lot 1236; running thence south
88 degrees, 54 minutes west along the south line of Land Lot
1207 a distance of 681.9 feet to an iron pin; running thence north
89 degrees and 48 minutes west along the south line of Land Lot 1207 a distance of 210.4 feet to an iron pin; running thence south
1 degree and 00 minutes east a distance of 212.7 feet to an iron pin; running thence south 88 degrees and 20 minutes west a distance
of 143.2 feet to the northeasterly side of Highway No. 278; running
thence north 30 degrees and 58 minutes west along the northeasterly
side of Highway No. 278 a distance of 593.2 feet to an iron pin; running thence north 79 degrees and 29 minutes east a distance
of 422-1 feet to an iron pin; running thence north 27 degrees and 53 minutes west a distance of 151.6 feet to an iron pin; running
thence north 27 degrees and 59 minutes west a distance of 151.7 feet to an iron pin; running thence south 87 degrees and 43 minutes west a distance of 240.3 feet to an iron pin on the west line of Land
Lot 1207; running thence north 0 degrees and 59 minutes east along the west line of Land Lot 1207 a distanoe of 473.4 feet to an iron pin; running thence south 89 degrees and 00 minutes east a distance of 210 feet to a point; running thence north 0 degrees
and 59 minutes east a distance of 202.4 feet to a point on the north line of Land Lot 1207; running thence south 89 degrees and 39 minutes east along the north line of Land Lot 1207 a distance of
1093.4 feet to an iron pin at the northeast corner of Land Lot 1207; running thence south 0 degrees and 31 minutes west along
the east line of Land Lot 1207 a distance of 1280.9 feet to an iron pin at the southeast corner of Land Lot 1207 at the point of
beginning. Said tract containing 36.30 acres."

Mr. Kreeger of the 21st moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 105, nays 0.

The Senate amendment to HB 917 was agreed to.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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 formal recognizance or make a deposit of money; and for other purposes.

WEDNESDAY, MARCH 14, 1973

3109

The following report of the Committee of Conference was read:

Mr. President and Mr. Speaker:

Your Conference Committee on HB 3 has met and submits the fol lowing recommendations:

That the House and Senate recede from their respective positions and that the attached Substitute to HB 3 be adopted.

Respectfully submitted,

FOR THE SENATE
F oyd Hudgins Senator, 115th District
M. Farks Brown Senator 47th District
Sam P. McGill Senator, 24th District

FOR THE HOUSE
Earl T. Davis Representative, 85th District
S. Phillip Brown Representative, ?9th District
W. M. Williams Representative, 9th District

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; to provide procedures; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Any other laws of the State of Georgia to the contrary notwithstanding, any person who is arrested by an officer for the vio lation of a traffic law or traffic ordinance, except any offense for which a license may be revoked by the Commissioner of Public Safety for a first offense, upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance or incarceration, may, upon agreement with the arresting officer deposit his chauffeur's or driver's license with the apprehending ofiicer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid sum mons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such license so deposited shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this Stats during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended or cancelled; provided, how ever, that such receipt shall in no event be valid for more than 45 days.

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The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter.

Upon receipt of the license as bail the officer may release the per son so charged as above provided for his further appearance before the proper judicial officer as provided for and required by the sum mons. The court in which the charge is lodged shall immediately forward to the Department of Public Safety of the State of Georgia the license which was deposited in lieu of bail if the driver fails to appear and answer to the charge against him. The Commissioner of Public Safety shall, upon receipt of a license so forwarded by the court, suspend the driver's license and driving privilege of the defaulting driver until notified by the court that the charge against such driver has been finally adjudicated.

Section 2. The Commissioner of Public Safety shall be authorized to promulgate reasonable rules and regulations to carry out the pur poses of this act and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Act.

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

Mr. Davis of the 85th moved that the House adopt the report of the Com mittee of Conference.

On the motion to adopt, the ayes were 161, nays 0.

The report of the Committee of Conference on HB 3 was adopted.

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

SB 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 crimi nal procedure, so as to provide for discovery and inspection in criminal cases; and for other purposes.

The following amendments were read and adopted:
Mr. Larsen of the 102nd moves to amend SB 32 by adding after the word "papers" on line 19, page 2, the following words:

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3111

"including but not limited to written statements and written memoranda of verbale statements made by witnesses or prospective witnesses.

And by striking the last five words from line 29, page 2, and all of lines 30 and 31, page 2;

And further by adding a period after the word "case" on line 29, page 2.

Mr. Larsen of the 102nd moves to amend SB 32 by adding after the word "attorney" one line 22, page 2, the words "or within the posses sion, custody or control of law enforcement agencies or officers, the existence of which is known, or by the exercise of due diligence may become known, to the State's prosecuting attorney."

Mr. Larsen of the 102nd moves to amend SB 32 by adding after the word "attorney" on line 12, page 2, the words "or within the possession, custody or control of law enforcement agencies or officers".

Mr. Horton of the 56th moves to amend SB 32 by adding on page 4, Section 27-1002A a new paragraph to read as follows:

"Where the trial judge finds that a trial may be delayed as a result of a motion made as stated herein, he may deny said motion where he finds that the motion could have been made so as not to have delayed said trial."

Mr. Groover of the 75th moves to amend SB 32 by striking from the caption, all language after the word "duties" in line 16, page 1, through the word "thereto" in line 23, page 1;

And by striking lines 1 through 30 on page 4.

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 Alexander, W. H. Alexander, W. M. Bailey Bennett

Berlin Berry Blackshear Bohannon Bostick Brantley, H. L. Bray

Brown, S. P. Burruss Burton Carlisle Carr Carrell Castleberry

3112
Clark Cole Collins, S. Coney Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dixon Dollar Dorminy Duke Edwards Ellis Evans Farrar Floyd, L. R. Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays

JOURNAL OF THE HOUSE,

Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, R. Irwin, J. R. Johnson Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Levitas Lowrey Marcus Mason Matthews, C. McKinney Morgan Moyer Nessmith Northcutt Oxford

Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Ritchie Rogers Ross Russell, J. Russell, W. D. Savage Shepherd Snow Stephens Sweat Thompson Toles Townsend 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.

Adams, Marvin Alien Beckham Brantley, H. H. Brown, C. Busbee Coleman Connell Dent Dickey Foster Fraser Gignilliat

Howard Irvin, J. Jessup Jones Lee, W. S. Lewis Logan Matthews, D. R. Mauldin McDaniell McDonald Miles

Milford Mulherin Mullinax Odom Patten, G. C. Patten, R. L. Reaves Rush Sams Shanahan Smith, V. B. Turner

Those not voting were Messrs.:

Atherton Bond Brown, B. D.

Buck Chance Collins, M.

Colwell Egan Elliott

Ezzard Floyd, J. H. Hill, G. McCracken Murphy Nix Noble

WEDNESDAY, MARCH 14, 1973

3113

Phillips, L. L. Roach Smith, J. R. Strickland Thomason Triplett

Tucker Twiggs Vaughn Wamble Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 115, nays 37.

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

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.

The report of the committee, which was favorable to the 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. Buck Burruss Burton Busbee Carlisle Carr Carrell
Castleberry Chance
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 Dorminy
Duke Edwards
Egan Elliott Ellis Evans Floyd, J. H. Floyd, L. R.

3114
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. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. 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. Le vitas Lewis Lowrey Marcus Mason Matthews, C.
Mauldin McCracken McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro 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 Strickland 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.:

Dollar Matthews, D. R.

McDaniell

Ross

Those not voting were Messrs.:

Clark Ezzard Farrar Greer Harrison Horton, W. L.

Logan Murphy Noble Northcutt Phillips, L. L. Reaves

Savage Thomason Townsend Mr. Speaker

On the passage of the Bill, the ayes were 160, nays 4.

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

WEDNESDAY, MARCH 14, 1973

3115

SB 339. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Code Section 22-903, relating to class voting by the holders of the outstanding shares of a class of stock on amendments to the articles of incorporation of a corporation; and for other purposes.

The following substitute, offered by Mr. Murphy of the 18th, was read and adopted:
A BILL
To be entitled an Act to amend section (a) (1) of Code Section 22-903 so as to provide that the provision relative to class voting upon a proposed amendment to the articles of incorporation of a corporation to increase or decrease the aggregate number of authorized shares of a class shall not be applicable to any shares of a class issued by any corporation whose articles of incorporation specifically authorizes such shares to be increased or decreased without such vote, and under such circumstances, the terms, conditions, designations, preferences, limita tions and relative rights of such shares may be fixed as provided in the articles of incorporation.
Those voting in the affirmative were Messrs.:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Section (a) (1) of Code Section 22-903 is amended so as to add the following language to said Section after the word "class.":
"Provided, however, that this provision shall not be applicable to any shares of a class issued by any corporation whose articles of incorporation specifically authorizes such shares to be increased or decreased without such vote, and under such circumstances, the terms, conditions, designations, preferences, limitations and relative rights of any such shares may be fixed as provided in the articles of incorporation."
So that when amended section (a) (1) of Code Section 22-903 shall read as follows:
"(a) The holders of the outstanding shares of a class shall be entitled to vote as a class upon a proposed amendment, whether or not entitled to vote thereon by the provisions of the articles of incorporation, if the amendment would:
(1) Increase or decrease the aggregate number of authorized shares of such class. Provided, however, that this provision shall not be applicable to any shares of a class issued by any corpora tion whose articles of incorporation specifically authorizes such

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JOURNAL OP THE HOUSE,

shares to be increased or decreased without such vote, and under such circumstances, the terms, conditions, designations, preferences, limitations and relative rights of such shares may be fixed as pro vided in the articles of incorporation."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, 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 Castleberry Chance Clark

Cole Coleman Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Egan Elliott Ellia Evans Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Harden Harrington

Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones 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.

Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt
Odom Oxford Patten, R. L. Patterson Pearce Peters

WEDNESDAY, MARCH 14, 1973

3117

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. B. Smith, V. B. Snow Stephens

Strickland Sweat Thompson Toles Triplett 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. S. Collins.

Those not voting were Messrs.:

Carrell Davis, W. Edwards Ezzard Farrar Groover Hamilton Hill, B. L.

Horton, W. L. Jordan Knight Larsen, W. W. Lewis Matthews, D. R. Murphy Noble

Patten, G. C. Savage Thomason Townsend Tucker Wamble Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 1.

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

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 as to increase the reward therefor; and for other purposes.

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

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On the passage of the Bill, the ayes were 163, nays 0.

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

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; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the "Georgia Anatomical Gift Act", approved March 7, 1969 (Ga. Laws 1969, p. 59), so as to define the term "death"; to provide for the determination of death; to provide that certain gifts of all or parts of bodies shall be void; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The "Georgia Anatomical Gift Act", approved March 7, 1969 (Ga. Laws 1969, p. 59), is hereby amended by adding at the end of Section 1 a new paragraph (i), to read as follows:
"(i) 'Death' for the purposes of this Act only is alternatively defined as follows:
A person will be considered medically and legally dead if, in the opinion of a physician, based on ordinary standards of medical practice, there is the absence of spontaneous respiratory and car diac function and, because of the disease or condition which caused, directly or indirectly, these functions to cease, or because of the passage of time since these functions ceased, attempts at resusci tation are considered hopeless; and, in this event, death will have occurred at the time these functions ceased; or
A person will be considered medically and legally dead if, in the opinion of a physician, based on ordinary standards of medical practice, there is the absence of vital spontaneous brain function; and if based on ordinary standards of medical practice, during reasonable attempts to either maintain or restore spontaneous cir culatory or respiratory function in the absence of aforesaid brain function, it can be determined beyond all reasonable doubt that further attempts at resuscitation or supportive maintenance will not succeed, death will have accurred at the time when these con ditions first coincide.

WEDNESDAY, MARCH 14, 1973

3119

'Death' as alternatively defined is to be pronounced before artificial means of supporting respiratory and circulatory function are terminated and before any vital organ is removed for purposes of transplantation."

Section 2. Said Act is further amended by inserting, following Section 6, a new Section to be designated Section 6A, to read as follows:

"Section 6A. Any other provision of this law to the contrary notwithstanding, any gift of all or part of the body of any person dying after July 1, 1973, is hereby declared to be null and void if the will, document, card or other instrument authorizing the gift was entered into'or executed prior to July 1, 1973. The provisions of this Section shall not prohibt any person from reexecuting such will, document, card or other instrument on or after July 1, 1973, and gifts of all or part of a body contaiined in such wills, docu ments, cards or other instruments executed on or after July 1, 1973, shall be valid."

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 Alexander, W. H. Alexander, W. M. Alien Atherton Beckham Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Bray Brown, C. Buck Burruss Busbee

Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dickey Dollar Dorminy

Duke Edwards Evans Floyd, J. H. Foster Fraser Grantham Greer Groover Hamilton Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, G. Horton, G. T. Howard Howell

3120
Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. 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 Mason

JOURNAL OF THE HOUSE,

Matthews, C. Mauldin McCracken McDaniell McDonald Milford Moyer Mullinax Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Ross Rush

Russell, J. Russell, W. D. Shanahan Shepherd Snow Stephens Strickland Thompson Toles Triplett 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.:

Bennett Burton Dixon Elliott Floyd, L. R.

Harden Lane, W. J. Matthews, D. R. Miles

Morgan Mulherin Noble Rogers

Those not voting were Messrs.:

Adams, Marvin Bailey Bond Brantley, H. L. Brown, B. D. Brown, S. P. Carrell Colwell Davis, W. Dent Egan Ellis Ezzard

Farrar Geisinger Gignilliat Grahl Harrison Hill, B. L. Horton, W. L. Lambert McKinney Murphy Nessmith Peters Petro

Rainey Sams Savage Smith, J. R. Smith, V. B. Sweat Thomason Townsend Tucker Wamble Willis Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 129, nays 13.

WEDNESDAY, MARCH 14, 1973

3121

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

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.
The following amendment was read and adopted:
Mr. Vaughn of the 57th moves to amend SB 249 as follows:
By renumbering Sections 6 and 7 as 7 and 8 and adding a new Sec tion 6 to read as follows:
"Provided that no portion of the funds from motor fuel taxes shall be used for carrying out the intent of this Act.".

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

On the passage of the Bill, as amended, the ayes were 154, nays 0.

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

SB 265. By Senators Thompson of the 32nd, Warren of the 43nd 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 the possession of marijuana; and for other pur poses.

The following Committee substitute was read and adopted:
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 or the rules and regulations promulgated thereunder, so as to change the penalty

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provisions relating to possession of marijuana; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. 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 or the rules and regulations promulgated thereunder, is hereby amended by adding in subsection (a), between the word and symbol "imprisonment;" and the word "provided", the following:

"provided, however, that any person who is found guilty of possession of marijuana, which possession is of more than one pound, shall, upon conviction, be punished by a fine of not more than five thousand ($5,000.00) dollars, or imprisonment in the penitentiary for not less than one (1) nor more than twenty (20) years, or by both such fine and imprisonment;",

and is further amended by inserting between the words "Chapter," and "or" the following:

"except the violation for possession of more than one pound of marijuana as provided above,",

so that when so amended subsection (a) shall read as follows:

"(a) Any person who shall violate any of the provisions of Chapter 79A-9 relating to depressant and stimulant drugs and counterfeit drugs or the rules and regulations promulgated there under shall be guilty of a felony, and shall, upon conviction, be punished by a fine of not more than two thousand ($2,000.00) dol lars, or imprisonment in the penitentiary for a period not to exceed one (1) year, or by both such fine and imprisonment; provided, however, that any person who is found guilty of possession of mari juana, which possession is of more than one pound, shall, upon conviction, be punished by a fine of not more than five thousand ($5,000,00) dollars, or imprisonment in the penitentiary for not less than one (1) nor more than twenty (20) years, or by both such fine and imprisonment; provided, however, that if such person shall have previously been convicted of, pled guilty to or pled nolo contendere to, any violation of said Chapter, except the violation for possession of more than one pound of marijuana as provided above, or of any law of the United States, or of any other state, territory or district of the United States regulating depressant, stimulant or counterfeit drugs, defined in said Chapter, he shall be punished by a fine of not more than five thousand ($5,000.00) dollars or im prisonment in the penitentiary for a period not to exceed five (5) years or both such fine and imprisonment."

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

WEDNESDAY, MARCH 14, 1973

3123

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. 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. Dean, N. Dent Dickey Dixon Dollar

Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Howard Howell Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones Jordan Knight Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Lowrey Marcus Mason

Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Mulherin Mullinax Nessmith
Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Pattersoii Petro Phillips, G. S. Philliys, L. L. Pinkston Ritchie Roach Rogers Ross Rush Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs

3124
Vaughn Waddle Walker Wall Ware

JOURNAL OF THE HOUSE,

Wheeler, Bobby Wheeler, J. A. Whitmire Williams

Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Logan

Russell, J.

Those not voting were Messrs.:

Adams, J. H. Beckham Bray Brown, S. P. Dean, Gib Ezzard Fraser Grahl Hamilton Hill, B. L.

Horton, W. L. Hudson Irvin, R. Keyton King Larsen, G. K. Larsen, W. W. Levitas Matthews, C. Moyer

Murphy Pearce Peters Rainey Reaves Savage Thomason Townsend Wamble Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 148, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following communication was received and read:
A Resolution to The Honorable Richard M. Nixon, President of the United States of America and Members of the Congressional Delegation of the State of Georgia:
WHEREAS, the United States of America has been embroiled in a conflict in Southeast Asia that has required the dedication, sacrifice and loyalty of all Americans, and
WHEREAS, our nation has already committed 2.3 million American fighting men and billions of dollars to fulfill our treaty obligations in Southeast Asia, and
WHEREAS, the government of North Vietnam has continued its program of aggression, and
WHEREAS, the North Vietnamese government did fail to treat with humaneness and dignity the American prisoners of war held cap tive by the government of North Vietnam, now

WEDNESDAY, MARCH 14, 1973

3125

THEREFORE, for the above stated reasons and for the moral for tification of our people that such actions and deeds as perpetrated by the government of North Vietnam shall not be rewarded in the form of economic compensation derived from the tax laden incomes of the American people:

BE IT THEREFORE RESOLVED THAT THE OFFICERS AND BOARD OF DIRECTORS OF GEORGIA FARM BUREAU FEDERA TION, in session in Macon, Georgia on February 21, 1973 did unani mously approve this resolution expressing its position of opposition to the granting of any form of economic aid to the government of North Vietnam.

SIGNED AND SEALED this 21st day of February, 1973.

Is/ F. E. Reynolds President, Georgia Farm Bureau Federation

Isl Anne B. Ray Secretary-Treasurer

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

SR 178. By Senator McGill of the 24th: A Resolution designating the L. C. Moone Road; and for other purposes.
Referred to the Committee on Highways.

SB 379. By Senator McDuffie of the 19th:
A Bill to be entitled an Act to amend Code Chapter 49-6, relating to guardians of insane persons or persons mentally incapable of managing their estates, as amended, so as to redefine those persons for whom the ordinaries of the several counties may appoint guardians; and for other purposes.
Referred to the Committee on Judiciary.

SB 218. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to court counselor of the Municipal Court of Atlanta; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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SB 413. By Senator London of the 50th:
A Bill to be entitled an Act to repeal and replace the Charter of the City of Clarkesville in the County of Habersham; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 414. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Dahlonega, so as to change the provisions relative to the qualification of the recorder; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 415. By Senator London of the 50th:
A Bill to be entitled an Act to place the Coroner of Rabun County upon a monthly salary in lieu of fees; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 417. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Rabun County upon an annual salary, so as to provide that the govern ing authority of Rabun County shall pay to the sheriff the sum of not less than $3 per day per prisoner for feeding prisoners confined in the common jail; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 419. By Senator London of the 50th:
A Bill to be entitled an Act to provide for a secretary for the Solicitor of the State Court of Habersham County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

WEDNESDAY, MARCH 14, 1973

3127

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.

By unanimous consent, further consideration of SB 140 was postponed until tomorrow, March 15, 1973, immediately after the period of unanimous consents.

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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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, March 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. William W. Flournoy, Pastor, Richland United Methodist Church, Richland, Georgia:
Almighty God, our heavenly Father; we love You; we adore You; we praise You. It is with thanksgiving in our hearts that we come to You for the blessings You have given us.
Bless the Governor, Jimmy Carter, the members of the House of Representatives and the other leaders of the State of Georgia as they tend to the business of government. Let us meditate day and night on Your laws and think about ways to follow You more closely. Watch over the plans and paths of Your men. Reveal to us Your everlasting purposes. Help us to serve You with reverent fear. Help us to know the joys when we put our trust in You.
O Lord, so many are against us. So many seek to harm us. We have so many enemies. So many say that You, Lord, will not help us. But, Lord, You are our shield, our glory and our only hope. You alone can lift our heads, now bowed in shame.
Let us lie down and sleep in peace and wake up safely, for You are watching over us. Though our enemies surround us, let us not be afraid, for salvation comes from You. What joys You give to all Your people.
O God, You have declared us perfect in Your eyes; You have always cared for us in our distress; now hear us as we call again. Have mercy on us. Hear our prayer. Let the light of Your face shine down upon us. Help us to worship You with deepest awe.
Lord, lead us as You promised You would. Tell us clearly what to do, which way to turn. Let our tongues not be filled with flatteries to gain wicked ends.
Make everyone rejoice who puts trust in You. Keep us shouting for joy because You are defending us. Fill all who love You with Your happiness; for You bless the Godly man, O Lord; You protect him with Your shield of love.
Give us the protection of the shed blood of the Lamb. Father, may we know expressions of Your love; Jesus; Prince of Peace, may we know Your peace that passes all understanding; Holy Spirit, may we know Your power and presence. We do pray and praise Your holy name.
AMEN.

THURSDAY, MARCH 15, 1973

3129

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 communication was received and read:
Mr. Speaker:
The members of the House Conference Committee on HB 141, the same being the fiscal year 1974 General Appropriations Act, will be meeting during the entire legislative day, Thursday, March 15, 1973, commencing at 8:30 a.m. It is necessary that these members be absent from the House during the entire day in order for the final Conference Committee report on the fiscal 1974 budget to be available for con sideration by the entire House on the final day of the legislative session.
Therefore, the members of the Conference Committee ask unanimous consent that this motion be printed in its entirety in the House Journal for this legislative day and that they be officially excused from voting on any bills on the Rules Calendar for this legislative day.
/s/ James H. "Sloppy" Floyd Representative, 5th District
/s/ George D. Busbee Representative, 114th District
/s/ Thomas B. Murphy Representative, 18th District

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JOURNAL OF THE HOUSE,

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Thursday, March 15, 1973, and submits the following:
SB 5. Income Tax Payment, Quarterly Returns SB 12. Motor Vehicle, Financial Responsibility SB 20. Hwys., Limited Access, Lease Air Rights SB 29. Supreme & Court of Appeals, Interlocutory Appeals P.P. SB 38. Peace Warrants & Behavior Bonds SB 48. Illigitimate Child, Mothers' Medical Exp. SB 66. Trial Judges & Solicitor Retirement Fund, Amend SB 73. Civil Penalties, Petroleum Products SR 76. Milk, support price SB 113. Employees' Ret. System, member of Division "B"--P.P. SR 119. Lease dated 1/12/60, Tract 3 SB 131. State Employees, Moving Expenses SB 140. Public Transportation, New Code --P.P. SB 152. Motor Vehicles, Lights when raining SB 154. Arbitration, Appeal Decision Property Tax SB 156. Hunting & Fishing, Public Safety SB 177. Adopting Families, Financial Assistance SB 185. Mental Retardation, Persons Rights SB 202. Employee's Defer Compensation, Consent SB 206. Grand Jury, Special Charges SB 236. Unif. Reciprocal Enforcement of Support, Amend SB 241. Criminal Court, Dispose of Certain Records SB 252. Grand Jurors, Public Officers Ineligible SB 267. Workmen's Compensation, Injury, Employees SB 272. State Employees, Travel Expenses. SB 275. Pardons & Paroles Board, removal of members--P.P. SB 284. Unemployment Compensation Law, Printing SB 289. Motor Vehicles, Flashing Red Lights SB 308. Automobiles, Manufacturer's Warranty SB 309. Registered Nurse Anesthetists

THURSDAY, MARCH 15, 1973

3131

SB 314. DOT, Warning Devices of Drawbridges SB 325. St. Bd. of Pardons and Parole, Powers SB 332. Guardian, Minors' or Insane Burial Expenses SB 334. Wills, Descent and Adm. of Estates SB 336. Governor Convey Property to Georgia Ports Authority SB 366. State Officials, Travel Expenses SB 377. State Properties Control Code, Amend SB 358. St. Financing Investment Commission, Public Debt SB 387. Doctor of Medicine, Degree in Profession SB 393. Marriage Licenses, Marriage Manual
ALL COMPENSATION RESOLUTIONS

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
/s/ George D. Busbee 114th District, Chairman.

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

SR 178. By Senator McGill of the 24th: A Resolution designating the L. C. Moone Road; and for other purposes.

SB 379. By Senator McDuffie of the 19th:
A Bill to be entitled an Act to amend Code Chapter 49-6, relating to guardians of insane persons or persons mentally incapable of managing their estates, as amended, so as to redefine those persons for whom the ordinaries of the several counties may appoint guardians; and for other purposes.

SB 218. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to court counselor of the Municipal Court of Atlanta; and for other purposes.

3132

JOURNAL OF THE HOUSE,

SB 413. By Senator London of the 50th:
A Bill to be entitled an Act to repeal and replace the Charter of the City of Clarkesville in the County of Habersham; and for other purposes.

SB 414. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Dahlonega, so as to change the provisions relative to the qualification of the recorder; and for other purposes.

SB 415. By Senator London of the 50th:
A Bill to be entitled an Act to place the Coroner of Rabun County upon a monthly salary in lieu of fees; and for other purposes.

SB 417. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing; tbe Sheriff of Rabun County upon an annual salary, so as to proved<.- **!<.t the govern ing authority of Rabun County shall pay to trie r .i' if the sum of not less than $? per day per prisoner for feeding x Uoners confined in the common jail; and for other purposes.

SB 419. By Senator London of the 50th:
A Bill to be entitled an Act to provide for a secretary for the Solicitor of the State Court of Habersham County; and for other purposes.

Mr. Matthews of the 122nd District, Chairman of the Committee on Agri culture & Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs 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 337. Do Pass.
HR 236-942. Do Pass, as Amended.
Respectfull submitted, Matthews of the 122nd, Chairman.

THURSDAY, MARCH 15, 1973

3133

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

SR 178. Do Pass.

SR 138. Do Pass.

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

SB 85. Do Pass.

SB 372. Do Pass.

Respectfull submitted, Lee of the 68th, Chairman.

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report same back to the House with the following recommendations

SB 379. Do Pass.

Respectfull submitted, Snow of the 1st, Chairman.

3134

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

SB 353. Do Pass.

Respectfull submitted, Rainey of the 115th, Chairman.

Mr. Howard 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 following Bills of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 87. Do Pass by Substitute.
SB 378. Do Pass.
SB 295. Do Pass, as Amended.
SB 331. Do Pass.
Respectfull submitted, Howard of the 19th, Vice-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 consideration the following Bills and Resolution of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 67. Do Pass.
SB 99. Do Pass.

THURSDAY, MARCH 15, 1973

3135

SB 231. Do Pass, as Amended.

SB 282. Do Pass.

SB 306. Do Pass.

SB 313. Do Pass.

SB 328. Do Pass.

SB 341. Do Pass, as Amended.

SB 388. Do Pass.

SB 390. Do Pass, as Amended.

SB 391. Do Pass.

SB 392. Do Pass, by Substitute.

SB 403. Do Pass.

SB 408. Do Pass, as Amended.

SB 102. Do Pass, as Amended.

SB 394. Do Pass.

SR 85. Do Pass.

SB 321. Do Not Pass.

Respectful! submitted, Levitas of the 50th, Chairman.

By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:

SB 390. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Berrien County upon an annual salary, as amended, so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes.

The following Committee amendment was read and adopted:

3136

JOURNAL OP THE HOUSE,

The Committee on State Planning and Community Affairs moves to amend SB 390 as follows:

By striking the period on Line 19 of Page 3, after the word "approval", and adding the following:

", except for the provisions of Section 3 which shall become effective on July 1, 1973."

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

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

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

SB 392. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating a board of commissioners of Berrien County, as amended, so as to authorize the members of the board to increase their compensation; to repeal con flicting laws; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act creating a board of com missioners of Berrien County, approved September 20, 1887 (Ga. Laws 1886-87, Vol. 2, p. 664), as amended, particularly by an Act approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2127), so as to provide for a change in the compensation of the members of the board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a board of commissioners of Berrien County, approved September 20, 1887 (Ga. Laws 1886-87, Vol. 2, p. 664), as amended, particularly by an Act approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2127), is hereby amended by striking in its entirety Section 1A and substituting in lieu thereof the following:
"Section 1A. Any other provisions of this Act to the contrary notwithstanding, the members of the board of commissioners of Berrien County shall have the authority to fix their own compensa-

THURSDAY, MARCH 15, 1973

3137

tion. Provided, however, the aggregate compensation to be received by all members of the board shall not exceed $750.00 per month. In addition to the salary provided for herein, the said commissioners shall also be reimbursed from the funds of said county for all actual and necessary travel expenses when traveling outside the limits of said county for county purposes."

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.

SB 408. By Senator Lester of the 23rd:
A Bill to be entitled an Act to provide additional compensation for certain employees of certain counties whose compensation is fixed by the General Assembly; to repeal conflicting laws; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 408 as follows:
By striking from Line 13 and Lines 18 and 19 of Page 1 the following:
", effective January 1, 1973".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

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

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

3138

JOURNAL OF THE HOUSE,

SB 231. By Senator London of the 50th:
A Bill to be entitled an Act to create the White County Water and Sewerage Authority; to repeal conflicting laws; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend SB 231 by adding, at the end of Section 26 thereof, the following:
"The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sales 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 341. By Senator Broun of the 46th: A Bill to be entitled an Act to create a new Board of Commissioners of Clarke County; to provide for Commissioner Districts; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend
SB 341 as follows:
By striking from the title the following:
"to provide for reports by county officers and department heads; to provide for appointments to statutory positions; to prohibit agreements by candidates;".

THURSDAY, MARCH 15, 1973

3139

By striking Sections 12, 13 and 32 in their entirety.

By renumbering Sections 14 through 36 as Sections 12 through 33, respectively.

By adding a new sentence at the end of renumbered Section 18, to read as follows:

"The County Administrator must be a resident of Clarke Coun ty."

By striking subsection (a) of renumbered Section 20 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows:
"(a) The County Administrator 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 consistent with this Act and entered upon the minutes of said Board. He shall have supervision over all employees of the County now or hereafter subject to the jurisdiction of the Board. The Board shall be the appointing authority for the heads of all departments upon the recommendation of the County Ad ministrator, except the County attorneys and auditors who shall be appoined solely by the Board. The Administrator shall have the responsibility to employ and discharge the employees with consent of the Board; to prepare and to recommend salary scales for all County employees; to prescribe the duties and supervise the work of County employees; to request reports from heads of departments and other employees trusted with administrative duties or exercising discretion. The County Administrator shall have the authority to examine all books and papers of every officer and department of the County when so directed by the Board."
By striking the word "executive" in renumbered Section 23 and inserting in iieu thereof the word "administrative".
By adding at the end of renumbered Section 28, the following:
"All county department heads shall be given a preliminary budget hearing and a final budget hearing before a quorum of the Board of Commissioners."

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.

3140

JOURNAL OF THE HOUSE,

SB 67. By Senator Lestor of the 23rd:
A Bill to be entitled an Act to provide for the inclusion of the Judge of the State Court within the definition of "permanent employee" within the meaning of the pension or retirement laws existing 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.

SB 99. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend an Act providing the procedures whereby a Judge of the State Court of certain counties shall be eligible to become a Judge Emeritus of such 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.

SB 282. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend an Act, so as to revise and clarify all the laws relating to the Municipal Court of Augusta; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was 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 15, 1973

3141

SB 306. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend an Act so as to change the jurisdiction of small claims courts in certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 313. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend an Act so as to provide that citizens elected to the Board of Education for the City of Thomasville shall be chosen to fill seven distinct and designated posts; and for other purposes.

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

SB 328. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend an Act so as to change the Compensation of the employees in the sheriff's office 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.

3142

JOURNAL OF THE HOUSE,

SB 365. By Senator London of the 50th:
A Bill to be entitled an Act to provide for an investigator for the District Attorney of the 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.

SB 388. By Senator Lester of the 23rd:
A Bill to be entitled an Act to fix the compensation of certain elected officials 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.

SB 391. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the employees in the office of the Tax Commissioner of Berrien 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, MARCH 15, 1973

3143

SB 403. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Dawson County on an annual salary, so as to change the provisions relative to the sheriff's deputies; and for other purposes.

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

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

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

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

HB 609. By Mr. Harris of the 51st:
A Bill to amend an Act creating the State Court of DeKalb County, so as to fix the compensation of the judges of said court.

HB 663. By Mr. Fraser of the 117th:
A Bill 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.

HB 664. By Mr. Fraser of the 117th:
A Bill to amend an Act incorporating the City of Darien, so as to change the compensation of the mayor and members of the council.

HB 665. By Mr. Fraser of the 117th:
A Bill 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.

3144

JOURNAL OF THE HOUSE,

HB 764. By Messrs. Beckham of the 82nd, Miles of the 79th, Dent of the 78th, and others:
A Bill to provide for a board of elections in certain counties (popula tion of not less than 145,000 and not more than 165,000).

HB 768. By Messrs. Harden and Rogers of the 128th:
A Bill to amend an Act creating the State Court of Glynn County, so as to increase the salaries of the clerk and deputy clerks.

HB 769. By Messrs. Rogers and Harden of the 128th:
A Bill 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.

HB 796. By Messrs. Kreeger of the 21st, Howard and Wilson of the 19th, Burruss of the 21st, and others:
A Bill to provide that the Commissioner of Paulding County may establish fire prevention districts; to provide for an election for a de termination as to tax levy in such districts; to provide for a referendum.

HB 797. By Messrs. Kreeger of the 21st, Howard of the 19th, Burruss of the 21st, and others:
A Bill 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 11 of the Constitution.

HB 798. By Messrs. Kreeger of the 21st, Howard, Wilson and Atherton of the 19th, and others:
A Bill 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.

HB 819. By Messrs. Brown and Carlisle of the 67th:
A Bill 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 commissioner.

HB 820. By Messrs. Brown and Carlisle of the 67th: A Bill to amend an Act placing the clerk of the superior court of Fayette

THURSDAY, MARCH 15, 1973

3145

County upon an annual salary, so as to delete therefrom the minimum compensation which shall be paid to certain employees of the clerk.

HB 821. By Messrs. Brown and Carlisle of the 67th:
A Bill 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.

HB 868. By Mr. Lambert of the 97th:
A Bill 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.

HB 879. By Mr. Peters of the 2nd:
A Bill to amend an Act incorporating the City of Ringgold, so as to change the corporate limits of the City.

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, so as to change the compensation of said Judge.

HB 900. By Messrs. Wilson of the 19th, Kreeger of the 21st, Duke and Nix of the 20th:
A Bill 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.

HB 935. By Mr. Carr of the 90th:
A Bill 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.

HB 956. By Mr. Lewis of the 77th:
A Bill to amend an Act creating a Board of Commissioners of Burke County, so as to change the compensation of the members of the Board.

HB 957. By Mr. Lewis of the 77th:
A Bill to amend an Act establishing the State Court of Burke County, so as to change the terms of said court.

3146

JOURNAL OF THE HOUSE,

HB 988. By Messrs. Kreeger of the 21st, Wilson, Atherton of the 29th and others:
A Bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits.

HB 990. By Mr. Kreeger of the 21st:
A Bill 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 in clude therein certain territory in the County of Cobb contiguous and ad jacent to the existing boundaries of said City.

HB 993. By Messrs. Brown and Carlisle of the 67th:
A Bill 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.

HB 1035. By Messrs. Chance of the 112th and Triplett of the llth and others:
A Bill 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.

HB 1043. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A Bill to reincorporate the City of Forest Park in the County of Clayton; to create a new charter for said City.

HB 1050. By Mr. Walker of the 100th:
A Bill to create and establish a telephone Authority for the City of Perry and to authorize such Authority to acquire and maintain such fa cilities to improve telephone systems.

HB 1061. By Messrs. Brown and Carlisle of the 67th:
A Bill 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.

HB 1062. By Messrs. Lewis and McCracken of the 77th and Phillips of the 83rd:
A Bill to amend an Act creating the McDuffie County Small Claims Court, so as to change certain of the costs prescribed for various pro ceedings in said court.

THURSDAY, MARCH 15, 1973

3147

HB 1066. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill 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.

HB 1080. By Messrs. Adams and Smith of the 74th:
A Bill to be entitled an Act to amend an Act fixing the compensa tion of the Tax Commissioner of Pike County, so as to change the com pensation of Tax Commissioner.

HB 1081. By Messrs. Adams and Smith of the 74th:
A Bill to amend an Act fixing the salary for the Chairman of Commis sioners of Roads and Revenue and the Commissioners 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.

HB 1091. By Messrs. Knight, Mullinax and Ware of the 65th:
A Bill to amend an Act incorporating the City of Grantville, so as to change the corporate limits of said city.

HB 1111. By Mr. Waddle of the 98th:
A Bill to amend an Act incorporating the City of Centerville, so as to define the corporate limits.

HB 1117. By Mr. Kreeger of the 21st:
A Bill 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.

HB 1122. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk.

HB 1123. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A Bill to amend an Act incorporating the City of Ocilla, so as to extend the corporate limits thereof.

3148

JOURNAL OF THE HOUSE,

HB 1124. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A Bill 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.

HB 1126. By Mr. Ritchie of the llth:
A Bill 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.

HB 1128. By Mr. Irvin of the 10th:
A Bill 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.

HB 1129. By Messrs. Lewis and McCracken of the 77th, Nessmith and Lane of the 76th:
A Bill to create and establish a Small Claims Court in and for Burke County; to prescribe the practice and pleading in said court.

HB 1130. By Messrs. Smith and Adams of the 74th:
A Bill 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.

HB 1131. By Messrs. Smith and Adams of the 74th:
A Bill to amend an Act creating a new charter for the City of Barnesville, so as to extend and update existing City Ward Boundaries.

HB 1132. By Messrs. Adams and Smith of the 74th:
A Bill to amend an Act entitled "An Act to incorporate the Town of Williamson, so as to provide for compensation for the mayor and councilmen.

HB 1133. By Messrs. Adams and Smith of the 74th:
A Bill 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.

THURSDAY, MARCH 15, 1973

3149

HB 1134. By Mr. Bostick of the 123rd:
A Bill 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".

HB 1144. By Mr. Edwards of the 95th:
A Bill 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.

HB 1145. By Mr. Turner of the 3rd:
A Bill 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.

HB 1146. By Mr. Turner of the 3rd:
A Bill to amend an Act creating the Commissioner of Murray County, so as to change the compensation and expense allowance of the Com missioner.

HB 1147. By Mr. Howell of the 118th: A Bill to amend an Act providing for the compensation of the Sheriff of Miller County, so as to change the provisions relative to the sheriff's deputies, feeding prisoners and operating expenses.
HB 1151. By Messrs. Lambert of the 97th, Mauldin and Milford of the 13th:
A Bill to stagger the terms of office of members of the Board of Educa tion of Greene County; to provide for the practices and procedures in connection with the foregoing; to provide for the appointment of the County School Superintendent of Greene County.

HB 1153. By Mr. Willis of the 119th:
A Bill to amend an Act creating a new charter for the City of Bainbridge, so as to change the corporate limits of said city.

HB 1154. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to amend an Act creating the office of commissioner of Pulaski County, so as to change the compensation of the commissioner.

3150

JOURNAL OF THE HOUSE,

HB 1155. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to amend an Act placing the clerk of the Superior Court of Pulaski County upon an annual salary, so as to change the compen sation of the clerk.

HB 1156. By Messrs. Jessup, Coleman and Larsen of the 102nd: A Bill to amend an Act placing the ordinary of Pulaski County upon an annual salary, so as to change the compensation of the ordinary.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:
HR 27-98. By Mr. Alexander of the 38th: A Resolution proposing an amendment to the Constitution so as to au thorize 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.
HR 365. By Messrs. Savage of the 30th, Beckham of the 82nd, Irvin of the 23rd, and others: A Resolution relative to the increasing crime rate in this country.

The Senate has adopted, by substitute, by the requisite constitutional ma jority the following Resolution of the House, to-wit:
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, Howell of the 118th and Irwin of the 113th: A Resolution renaming the Pataula Creek State Park as the "George T. Bagby State Park".
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 23. By Mr. Adams of the 36th: A Bill to amend an Act creating the Peace Officers' Annuity and Bene fit Funds, so as to change the time within which a notice must be filed to qualify for disability benefits.

THURSDAY, MARCH 15, 1973

3151

HB 141. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1973, and ending June 30, 1974.

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

HB 258. By Messrs. Waren of the 65th, Gignilliat of the 105th, Wood of the 9th, and others:
A Bill to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the estab lishment of a Joint Municipal Retirement System, 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.

HB 432. By Mr. Wheeler of the 127th:
A Bill 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 Education.

HB 700. By Messrs. Carrell of the 71st, Russell of the 53rd, Walker of the 100th and others:
A Bill to amend an Act providing that buildings constructed with public funds shall be accessible to the physically handicapped, so as to change the provisions relative to elevators.

HB 800. By Messrs. Coney, Berlin, Brown and Dickey of the 89th:
A Bill 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.

HB 976. By Messrs. Roach and Harris of the 8th, Colwall of the 4th, and others:
A Bill to provide for additional compensation for the assistant district attorney of the Blue Ridge Judicial Circuit.

HB 1125. By Mr. Farrar of the 52nd: A Bill to amend the "Minimum Foundation Program of Education Act",

3152

JOURNAL OF THE HOUSE,

as amended, so as to change the provisions relative to the initial adjust ment of allotments of personnel and state funds.

HB 873. By Messrs. Ware and Mullinax of the 65th:
A Bill 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 purposes; to provide that there shall be no excise tax on such wine.

HB 576. By Messrs. Busbee of the 114th, McDaniell of the 20th and Moyer of the 99th:
A Bill to amend Code Title 84, relating to professions, businesses to trades, so as to comprehensively revise the laws relating to the regula tion of real estate brokers and salesmen.

HB 466. By Messrs. Morgan of the 70th, Lambert of the 97th, Smith of the 74th and others:
A Bill to make it unlawful to alter the suspension system of any private passenger motor vehicle.

HB 698. By Messrs. Carroll of the 71st, Russell of the 53rd, Walker of the 100th and others:
A Bill to provide for the issuance of special automobile license plates to certain physically disabled persons.

HB 731. By Messrs. Levitas of the 50th and McDaniell of the 20th: A Bill 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.
HB 812. By Messrs. Egan of the 25th, Harris of the 51st and Levitas of the BOth: A Bill to amend an Act relating to the change of the age of majority, so as to provide for the construction and clarification of the Act.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:

THURSDAY, MARCH 15, 1973

3153

HR 256-978. By Messrs. Gignilliat of the 105th, Jones of the 109th, Alien of the 108th and others:
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.

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. The Senate has adopted, as amended, by the requisite constitutional ma jority the following Resolution of the House, to-wit:

HR 69-215. By Mr. Adams of the 36th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for a homestead exemp tion 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.

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

HB 121. By Messrs. Marcus of the 26th, Brown of the 34th and Alexander of the 39th:
A Bill to characterize the document by which the Atlanta Board of Edu cation requests the level of ad valorem millage to be assessed for edu cational purposes to be the instrument of levy when filed with the City Clerk.

HB 171. By Messrs. Buck of the 87th and Ware of the 65th:
A Bill to authorize the governing authority in each county to require the recording and posting of hotel and motel rate schedules.

HB 175. By Mr. Greer of the 43rd:
A Bill to authorize reduction in length-of-service requirement for notin-line of duty disability pension benefits for policemen in municipalities with over 150,000 population.

HB 177. By Mr. Greer of the 43rd: A Bill to authorize reduction in length-of service requirement for not-

3154

JOURNAL OF THE HOUSE,

in-line of duty disability pension benefits for firemen in municipalities with over 150,000 population.

HB 178. By Mr. Greer of the 43rd:
A Bill to authorize reduction in length-of-service requirement for notin-line of duty disability pension benefits for general employees and school teachers in municipalities with over 150,000 population.

HB 208. By Mr. Alexander of the 38th:
A Bill 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.

HB 1158. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill 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.

HB 1159. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to amend an Act creating a new charter for the city of Cochran, so as to provide that candidates who reecive a plurality of the votes cast for the office of mayor or alderman shall be nominated or elected to such office.

HB 1164. By Mr. Oxford of the 101st:
A Bill to amend an Act providing for the election of the Sumter County Board of Education, so as to reconstitute said Board of Education.

HB 1157. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A Bill to amend an Act creating the office of tax commissioner of Pulaski County, so as to change the compensation of the tax commissioner.

HB 1165. By Messrs. Dean of the 60th, Mason of the 59th and Wall of the 61st:
A Bill 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.

HB 1167. By Messrs. Strickland and Harrison of the 116th:
A Bill to provide for a supplemental salary for the Ordinary of Appling County.

THURSDAY, MARCH 15, 1973

3155

HB 1168. By Messrs. Strickland and Harrison of the 116th:
A Bill to amend an Act creating the Board of Commissioners of Appling County, so as to change the compensation of the commissioners of Appling County.

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

HB 933. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th: A Bill to amend Code Section 40-1801, relating to the creation of the Department of Audits and Accounts and the Office of State Audits and Accounts and the Office of State Auditor, so as to provide that the Department of Audits and Accounts and the Office of State Auditor shall be a part of the Legislative Branch of Government.
The Senate has passed by the requisite constitutional majority, the following Bills of the House, to-wit:
HB 215. By Messrs. Lewis of the 77th, Lane and Nessmith of the 76th and others: A Bill 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.
HB 669. By Mr. Bostick of the 123rd: A Bill to provide for the Department of Labor a supplemental appropria tion, so as to make certain changes in Section 9 and 13 of the Employ ment Security Law in order to make additional funds available which are otherwise available to the Department of Labor.
HB 1169. By Messrs. Strickland and Harrison of the 116th: A Bill to change the compensation of the members of the Board of Education of Appling County.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 162. By Messrs. Dean of the 17th, Matthews of the 122nd, Nessmith of the 76th and others: A Bill to amend an Act establishing the Teachers Retirement System,

3156

JOURNAL OF THE HOUSE,

so as to provide for minimum retirement benefits for certain members who have previously retired.

HB 533. By Messrs. Bostick of the 123rd and Petro of the 46th: A Bill to regulate private employment agencies.

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

HR 80-262. By Mr. Dean of the 17th: A Resolution compensating Mr. Eugene Redding.

HR 33-113. By Mr. Hawes of the 43rd: A Resolution compensating Mr. James Tucker

HR 134-503. By Mr. Lewis of the 77th: A Resolution compensating Mr. G. Frank Agerton, Jr.

HR 153-604. By Mr. Lane of the 76th:
A Resolution compensating Curtis Youngblood Food, Inc. and Mrs. Linda Lanier.

HR 155-610. By Mr. Grantham of the 127th: A Resolution compensating Mr. E. W. Williams.

HR 156-610. By Mr. Grantham of the 127th: A Resolution compensating Mrs. Carrie K. Meeks.

HR 203-804. By Mr. Rainey of the 115th: A Resolution compensating Mr. Newel N. Thombley.

HR 206-839. By Mr. Fraser of the 117th: A Resolution compensating Mrs. Hazel McCrae.

THURSDAY, MARCH 15, 1973

3157

HR 261-1012. By Mr. Lane of the 76th:
A Resolution compensating Mr. Richard R. Peeples and Mrs. Ruth H. Peeples.

HR 266-1013. By Mr. Ployd of the 56th: A Resolution compensating Mrs. Hilda C. Lacher.

HR 79-262. By Mr. Smith of the 91st: A Resolution compensating Mr. William P. Cowell.

HR 81-262. By Mr. Dean of the 17th: A Resolution compensating Geraldine Dodgen.

HR 105-376. By Mr. Wheeler of the 13th: A Resolution compensating Mr. E. Mitchell Smith.

HR 106-376. By Mr. Phillips of the 103rd: A Resolution compensating Mr. Eugene Hester.

HR 137-504. By Mr. Smith of the 42nd: A Resolution compensating Mr. Doyal H. Long.
HR 129-480. By Mr. Lewis of the 77th: A Resolution compensating Southern Bell Telephone and Telegraph Company, Waynesboro, Ga.
HR 138-509. By Mr. Strickland of the 116th: A Resolution compensating Mrs. Lucille Hall Carter.
HR 143-568. By Mr. Miles of the 79th: A Resolution compensating the Federal Bureau of Investigation.
HR 146-568. By Mr. Gignilliat of the 105th: A Resolution compensating Mr. Marvin L. Perkins.

3158

JOURNAL OF THE HOUSE,

HR 16-58. By Mr. Shanahan of the 7th: A Resolution compensating Mr. Stephen E. Pendley.

HR 17-58 By Mr. Shanahan of the 7th: A Resolution compensating Mr. Hoyt Keener.

HR 18-58. By Mr. Farrar of the 52nd: A Resolution compensating Mrs. Marie Crumbley.

HR 49-161. By Messrs. Bennett, Patten and Reaves of the 124th:
A Resolution compensating Mobile Home Industries, Inc. of Tallahassee, Florida.

HR 50-161. By Messrs. Bennett, Patten and Reaves of the 124th: A Resolution compensating Mrs. Billy W. Campbell.

HR 62-191. By Mr. Mauldin of the 13th: A Resolution compensating Mr. Hoyt Jackson LeCroy.

HR 72-217. By Mr. Marcus of the 26th: A Resolution compensating Mr. Bruce G. Ellett.

HR 78-262. By Mr. Logan of the 62nd: A Resolution compensating Mrs. Sara A. L. Powell.

HR 28-98. By Messrs. Snow and Hays of the 1st, Cole and Foster of the 6th: A Resolution compensating Rutledge Chevrolet Company.

HR 100-332. By Mr. Atherton of the 19th: A Resolution compensating Mr. Larry Wayne Pruitt.

The Senate recedes from its amendment to the House substitute to the following Bill of the Senate, to-wit:

THURSDAY, MARCH 15, 1973

3159

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 gov ernmental and corporate functions of the Commissioner and ex officio Judges thereof, so as to change certain dates and times.

The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:

SB 213. By Senator Jackson of the 16th:
A Bill to amend Code Section 108-417, relating to investments by trustees, as amended, 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.

The Senate has agreed to the House amendment to the following Resolution of the Senate, to-wit:

SR 64. By Senator Salter of the 17th:
A Resolution authorizing the conveyance of certain State-owned real property located in Butts County.

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

HB 544. By Messrs. Cole and Foster of the 6th:
A Bill to amend an Act consolidating, amending and codifying ths various Acts incorporating the City of Dalton so as to change the com pensation of the mayor and council.

HB 545. By Messrs. Cole and Foster of the 6th:
A Bill to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, so as to change the com pensation of the recorder of said City.

HB 1138. By Mr. Tucker of the 69th:
A Bill to fix the compensation for coroners in certain counties (popula tion not less than 23,800).

3160

JOURNAL OF THE HOUSE,

HB 1136. By Mr. Tucker of the 69th:
A Bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change the compensation of the members of the Authority.

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

HB 1139. By Mr. Tucker of the 69th:
A Bill 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.

HB 1140. By Mr. Tucker of the 69th:
A Bill to amend an Act creating a Board of Commissioners of Henry County, so as to change the expense allowance of the chairman and other members of the Board.

HB 1184. By Messrs. Triplett of the lllth, Gignilliat of the 105th, Ellis of the 107th and others:
A Bill to create a new charter for the City of Garden City; to prescribe the corporate limits of said city.

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

HB 176. By Mr. Greer of the 43rd:
A Bill to provide credit for prior service to general employee and teacher members of pension systems of cities of more than 20,000 popu lation under certain circumstances.

The Senate has disagreed to the House amendment to the following Bill of the Senate, 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 cases; to provide for orders.

THURSDAY, MARCH 15, 1973

3161

The following Resolution of the House was read and adopted:

HR 371. By Mr. Chance of the 112th:
A RESOLUTION
Commending Mr. John C. LeBey; and for other purposes.
WHEREAS, Mr. John C. LeBey is known throughout the State of Georgia for his distinguished work as an architect; and
WHEREAS, he is a member of the American Institute of Archi tects and is currently being considered for selection as a Fellow in the American Institute of Architects, the highest honor an architect can receive; and
WHEREAS, he has made many contributions to the restoration or preservation of historic structures in Savannah and throughout the nation; and
WHEREAS, he designed and donated a museum building for the Georgia Salzburger Society at Ebenezer Church as a memorial to his late wife, Mrs. Louise Gnann LeBey, who was a very active member of the Georgia Salzburger Society.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend Mr. John C. LeBey for his many outstanding contribu tions as an architect to the Georgia Salzburger Society and to historic preservation and restoration in the City of Savannah and throughout the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Mr. John C. LeBey and to the Georgia Salzburger Society.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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.

3162

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

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 compen sation, approved February 28, 1966 (Ga. Laws 1966, p. 2663), as amended by an Act approved March 17, 1967 (Ga. Laws 1967, p. 2235), an Act approved March 10, 1969 (Ga. Laws 1969, p. 2189), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 3954), so as to provide additional deputies for the sheriff; to authorize the sheriff to promote deputies and increase the salary of deputies; to increase the operating expense allow ance for the sheriff's office; to provide for an additional vehicle for the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act placing the Sheriff of Catoosa County on an annual salary in lieu of the fee system of compensation, approved Febru ary 28, 1966 (Ga. Laws 1966, p. 2663), as amended by an Act approved March 17, 1967 (Ga. Laws 1967, p. 2235), an Act approved March 10, 1969 (Ga. Laws 1969, p. 2189), and an Act approved April 10, 1971, (Ga. Laws 1971, p. 3954), is hereby amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4, to read as follows:
"Section 4. The sheriff shall have the authority to appoint one chief deputy who shall receive an annual salary of $7,040.00 per annum, but this salary shall be paid to said chief deputy only in the event he works a six-day week or more; in the event the said chief deputy shall work a five-day week he shall receive an annual salary of $6,000.00. The sheriff shall also have the authority to ap point seven deputies who shall each receive an annual salary of not less than $4,800.00 and not more than $7,040.00, the amount to be fixed by the sheriff. In the event a deputy shall work a five-day week his annual salary shall not exceed $6,000.00, but in the event he works a six-day week or more he shall be entitled to receive as much as $7,040.00, to be determined by the sheriff. The sheriff may promote the deputies in rank and may increase the salary of deputies to any amount within the range of minimum and maximum salaries provided in this Section. The sheriff shall appoint such addi tional personnel, including radio operators, as he shall deem neces sary to assist him in the performance of the duties of his office. The combined salaries of radio operators shall not exceed $7,500.00 per annum. Each of the above combined salaries shall be payable in equal monthly installments from the funds of Catoosa County, and at the time of such payments each deputy, upon the request of the govern ing authority, shall furnish a statement under oath showing the dates, number of hours and exact time that they served on duty during the preceding month. It shall be within the sole power and authority of the sheriff to designate and name the persons or re move or replace such employees at will and within his sole discretion. No person employed as a deputy or other employee shall be related

THURSDAY, MARCH 15, 1973

3163

to the sheriff closer than the fifth degree of consanguinity or af finity. In the event of an emergency, the sheriff and the governing authority, acting in concert, may employ additional deputies and pay such salaries as they shall agree upon, not to exceed the above specified amounts."

Section 2. Said Act is further amended by striking Section 6 in its entirety, and substituting in lieu thereof a new Section 6, to read as follows:

"Section 6. The governing Authority of Catoosa County shall pay all the operating expenses of the office of the sheriff of Ca toosa County in addition to the salaries for deputies and allowance to feed county prisoners provided for herein, but such operating ex pense shall not exceed twenty-seven thousand dollars ($27,000.00) in any one calendar year. The sheriff is hereby authorized to expend such operating funds for such supplies and equipment as he may deem necessary for discharging the official duties of his office. The governing authority of Catoosa County shall disburse such oper ating funds to the sheriff on a monthly basis from vouchers sub mitted by the sheriff. The cost of furnishing and equipping the four vehicles provided for in Section 6A shall be paid from the funds of Catoosa County in addition to the funds specified in this
Section."

Section 3. Said Act is further amended by striking Section 6A in its entirety and substituting in lieu thereof, a new Section 6A, to read as follows:

"Section 6A. The governing authority of Catoosa County shall furnish the Sheriff of Catoosa County with four (4) vehicles and equipment annually. The sheriff is hereby authorized to specify the type vehicles and equipment which shall be purchased by the gov erning authority of Catoosa County for the sheriff's office. The governing authority shall be responsible for the repairs and replace ment of such vehicles and equipment and the cost thereof shall be paid from the funds of Catoosa County; provided, however, the ve hicles purchased shall be of the class normally used for police vehicles."

Section 4. 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 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Peters of the 2nd moved that the House agree to the Senate substitute to HB 880.
On the motion, the ayes were 105, nays 0.

3164

JOURNAL OF THE HOUSE,

The motion prevailed and the Senate substitute to HB 880 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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.

The following Senate substitute was read:
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; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental ac tivities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1973, and ending June 30, 1974, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and Federal Revenue Shar ing Funds.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch.

A. Operations-,,. ...................................................^ 6,725,000

B. For election blanks and other election expenses, including publishing constitutional amendments .....................$

175,000

THURSDAY, MARCH 15, 1973

3165

C. For all cost of Georgia Official and Statistical Register __________________,,__._.________._.____.$

95,000

For compensation, expenses, mileage, allowances air travel expense and benefits for members of the Gen eral Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legislative Lead ers, Conference of Insurance Legislators, and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incidental expenses for the Legisla tive Branch; for the necessary cost of renovating and repairing the housing and other facilities for the Leg islative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General As sembly; for the annual report of the State Auditor to the General Assembly; and for cost of Legislative Ser vices Committee, Office of Legislative Counsel, and Legislative Budget Analyst, as authorized by law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Gov ernment. The Committee is hereby authorized to pro mulgate rules and regulations relative to the expendi ture of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Commit tee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other ap propriations.

Section 2. Department of Audits. A. Operations--Audits .,,..._._...-__..___.._..-._________,,.._..$ B. Operations--Tax Ratio Study _.___...___.._._ ...._._.___'$

1,632,600 350,000

Section 3. Educational Improvement Council. Operations _.... .... .. ....... .......................... ....._...........$

68,558

PART II.

JUDICIAL BRANCH

Section 4. Supreme Court.

Operations

. ..........._...._....._...............$

891,981

3166

JOURNAL OF THE HOUSE,

Changed Objects:
Personal Services ...._...-....__...._...__.__.$ Operating Expenses --.--.--._--..----_.$

747,606 144,375

For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allo cated for the payment of attorneys' fees and legal ex penses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.

Section 5. Superior Courts. Operations ...__........_..._.___._._.......__.......-..-.-...____.._-.........$

5,814,658

Changed Objects:

Personal Services .....___....___..._.......__..$ 5,510,658

Operating Expenses ,,_______________,,_.$

304,000

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 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 allow ances, 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 appropriation 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 appropriation shall be increased by the amount of $30,000 per annum for each judgeship created by law during the 1973 ses sion of the General Assembly.

THURSDAY, MARCH 15, 1973

Section 6. Court of Appeals. Operations

.. . ..........._......$

Changed Objects:

Personal Services ............................^ 897,644 Operating Expenses ............ ............$ 55,200

For the cost of operating the State Court of Ap peals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional position established during the fiscal year.

Section 7. Administrative Office of the Court.

Operations _............,......._.._........... ......._....................$

Changed Objects:

Personal Services _._......... ... ....._...$ Operating Expenses ............. ......_...$

54,700 20,300

For the cost of operating the Administrative Of fice of the Court.

Section 8. Court Reports. Operations ...... ....._-...._..... . ................. ...... ........ . .... $ Changed Object:
Operating Expenses ..................... $ 47,000

For the cost of printing and distributing the re ports of the Supreme Court and Court of Appeals.

Section 9. Judicial Qualifications Commission.

Operations .... . . ........

..._.......................$

Changed Object:

Operating Expenses .. ..... . . . . $

3.000

. For the cost of operating the Judicial Qualifications Commission.

PART III.

EXECUTIVE BRANCH
Section 10. Department of Administrative Services.

3167 952,844
75,000 47,000
3,000

3168

JOURNAL OF THE HOUSE,

A. Operations __.._..______.__._______.__.______..._...____.._________________.$ 3,241,453

Changed Objects:
Personal Services _____.....____._____._______.$ 8,291,940 Operating Expenses _...____..____________.._.$ 9,401,157

B. Capital Outlay ........................................................I

82,500

Changed Object: Capital Outlay ___.__..__...____.__.___..____.___.$

82,500

C. Authority Lease Rentals .... $ 3,112,753

Changed Object: Authority Lease Rentals ............_.....$ 3,112,753

D. Workmen's Compensation Fund ._........._...._.........$ 700,000

Changed Object: Workmen's Compensation Fund ....$ 700,000

Section 11. Department of Agriculture.
A. Operations ............... ..... ..... .___.._.__._____.._.____.__.._..___.$ 11,190,800
Changed Objects: Personal Services .._....._......._....._....-..$ 8,613,600 Operating Expenses .............. ..........$ 3,928,000

B. Authority Lease Rentals ......._..................._........._.$
Changed Object: Authority Lease Rentals .................I 945,000

945,000

C. Indemnities ..... ..................................._...............$

Changed Objects: Indemnities ................................$

65,000

65,000

D. Fire Ant Eradication

...

$

Changed Object: Fire Ant Eradication ........................I 1,500,000

1,500,000

E. Capital Outlay ........................................................I 2,255,588

THURSDAY, MARCH 15, 1973
Changed Object: Capital Outlay .._.._.............._......__.._...$ 2,255,588
Provided, that of the above appropriation relat ing to Capital Outlay, $480,588 is designated and com mitted for Phase I construction of the Georgia Agrirama.

3169

Section 12. Department of Banking and Finance.

Operations

..-.,,,,.,,..-$

Changed Objects:
Personal Services ........__...._.._........_..$ Operating Expenses ..........................I

909,100 214,100

Section 13. Department of Community Develop ment.

1,123,200

A. Operations

.,,.,,..._$ 5,958,041

Changed Objects:

Personal Services _,,__,,__.__.$ Operating Expenses--Regular ____,,__$ Advertising .......................................I Operating Expense--World
Congress Center ......._. ........._._..__.$

2,250,054 1,567,570
750,000
200,000

Grants:
APDC Grants .._________.._.___.$ 1,170,000 HUD--701 Planning Grants _._._.._..$ 1,780,000 LEAA Action Local ........__._...._._.......$ 11,249,167 LEAA Action State _._..................._...$ 4,770,000 LEAA Planning ...._........._.._........_.....$ 350,000 Impact Cities ...................._._.._.......__...$ 10,000,000 SEADOC ..............................................I 133,000

B. Authority Lease Rentals ._......--.....--...------,,...-
Changed Object: Authority Lease Rentals ._._.._.._._._...$ 5,043,'

No portion of the funds for the World Cong Center herein authorized shall be committeed or pended prior to August 1, 1973, and in the ever that time a facility of the type herein contemplate in the opinion of the Executive Board of the Ge World Congress Center, to be financed by other sc then the amount appropriate shall lapse.

3170

JOURNAL OF THE HOUSE,

C. Capital Outlay ..........

210,000

Changed Objects: Capital Outlay

$ 210,000

For general administrative cost of operating the Department of Community Development, including ad vertising expense and Grants for Area Planning and Development Commissions. For general administrative cost of operating the State Crime Commission office, including the State "buy-in" for Law Enforcement As sistance Agency grants to local governmental units.

Section 14. Office of Comptroller General. Operations ._....$

2,755,300

Changed Objects:
Personal Services ___..___._...___......,,.....$ 2,248,200 Operating Expenses ._______.._._.__..._____...$ 529,300

Section 15. Department of Defense.

A. Operations _..._......._._....__......._.....$ 1,384,900

Changed Objects:
Personal Services .... ... ^.-$ 1,002,400 Operating Expenses ......--._------.$ 341,500

Grants:
National Guard ,,__,,____.________.._.__.______..$ Service Contract ....__-____..___......___-.$ Georgia Military Institute _____..._.___.?

200,000 140,000 16,000

B. Capital Outlay _-_,,..-_.-_...----.-$ 703,000

Changed Object: Capital Outlay ,,........____......__..__.....__._$

878,000

Section 16. State Board of Education--Department of Education.
A. Operations ___._...____........._..._...,...._.-...............__._.......$ 531,254,927.97

Provided, that none of the State funds appropriated iove may be expended to initiate or commence any
v program or project which would create a continuobligation of the current funds of the State, unless program or project has been authorized by the il Assembly.

THURSDAY, MARCH 15, 1973

3171

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 with the approval of the Office of Planning and Budget, transfers may be made between the MFPE grants as necessitated by earnings of the Local School Systems.

Provided, that the amount of $7,000,000 in Grants to Local School Systems for supplemental instructors and aides shall be used to provide assistance in the eletmentary grades in the form of additional non-cer tificated 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 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 determination of critical need by the Local School Systems and the State Department of Education.

Provided, that independent school systems shall be eligible to participate in the "mini-buses" transporta tion program for Special Education Students.

B. Construction:

Authority Lease Rental Payments to Georgia Education Authority (Schools) ..__...$

Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) ._....__.__.___.........$

Grants Direct to School Systems for Capital Outlay Purposes--Bond Retirement ......,,.._._.$

Grants to School Systems for Capital Outlay

Purposes--Direct Financing

...... $

Capital Outlay ................................................ ......^

460,669
26,895,088 624,243
23,000,000 3,255,000

Provided, that of the above appropriation, relative to construction, $23,000,000 is designated and committed for distribution to local systems on a formula to be promulgated by the State Board of Education based on current increased average daily attendance, surveyed projected growth, outstanding local effort of local sys tems, age and condition of existing school buildings, and

3172

JOURNAL OP THE HOUSE,

such other criteria by the Board to insure that classroom need is the basis of distribution.

Provided, that of the above appropriation, relative to operations, $50,000 is designated and committed for the Professional Practice Commission.

Changed Objects:
Personal Services ._..._..__..........__._......$ 15,976,930 Operating Expenses ..........................^ 7,291,164

Capital Outlay:
Capital Outlay (Regular) __...._... ._...$ 3,630,000 Grants to School Systems for
Capital Outlay Purposes _.._..........$ 23,000,000

Authority Lease Rentals:

Authority Lease Rentals

(Regular) _ _

.

$ 460,669

Grants to School Systems for ALR

Payments to Georgia Education

Authority ..................$ 26,895,088

Grants Direct to School Systems

for Capital Outlay Purposes ____,,_..$ 624,243

MFPE Grants:
Teacher Salaries (Section 11) _______ $259,655,484 Salaries of Other Certificated Pro
fessional Personnel (Section 12) $ 45,366,555 Special Education Teachers
(Section 20) ..................................$ 30,479,506 Maintenance, Operations and
Sick Leave ..__...,,.___,,.,,..,,_________________$ 47,866,926 Travel ,,...______________.___________________..___,,_$ 997,840 Isolated Schools .____,,__.,,,,.___ ___,,___________$ 55,490 Mid-Term Adjustment --__----.______$ 962,282 Pupil-Transportation ____________________$ 22,390,000 School Library Books and
Non-Consumable Materials __._,,....$ 2,830,000 Instructional Media __________$ 7,626,322

Non-MFPE Grants:
Teacher Retirement ____.._._.__..............$ 28,944,154 Cooperative Educational Services
Across County Lines ..........._......_.$ 2,430,000 Superintendents' Salaries ________..,,..,,$ 2,795,410 Instructional Assistance -,,-._____._$ 7,000,000 Enrichment Equalization __.,,_.........$ --0-- Driver Education ___,,___________,,__$ 375,000 Early Childhood Services ----........__$ --0-- High School Program ..--........_____.___$ 17,253,395

THURSDAY, MARCH 15, 1973

3173

Teacher Training and Research ______$ 850,000

Local Administration and

Supervision ._._.._..._......._.__.....__..._.....$ 273,761

Work Study _.._-___._____.___,,...___.....__._.__.$ 103,000

Adult and Post-Secondary ____.________.$ 39,000

Adult Basic Education ... __............... $ 2,461,000

Area Vocational-Technical

Schools -..-__..___,,_ $ 27,535,493

Manpower Development and

Training ___________________,,_._____.._____,,_______$ 3,160,000

Instructional Services for

Handicapped ..___________._______.._.,,._________$ 750,000

Preparation of Professional Per

sonnel for Education of

Handicapped -__..._______________________.__,,_.$ 104,000

Educational Training Services for

the Mentally Retarded _________________.$ 200,000

Tuition for Multi-Handicapped ....$ 522,000

Severely Emotionally Disturbed ....$ 2,988,000

Education of Children from

Low-Income Families ................. $ 41,255,252

Strengthening Instruction in

Critical Subjects _._..__..._.._..___..._....$ 1,544,000

School Library Resources and

other Materials

$ 1,925,000

Summer Library Super

visory Program __________________________$ 57,000

Educational Television .....................$ 56,000

Kindergarten for the

Handicapped

__________________ $ 6,610,252.97

Psychological Services ......................^ 48,000

Guidance, Counseling, and

Testing .-.....___________.__________________._____$ 200,000

School lunch ______ ...............^ 49,606,000

Supervising Teachers _____________$ 145,000

Supplementary Education

Centers and Services _ ___._________$ 2,506,000

Teachers' Scholarships __________$ 328,000

In-Service Grants ...._...._.....................$ 647,000

Research and Demonstration ______ $ --0--

Salaries and Travel of

Public Librarians _____________$ 2,461,178

Public Library Service

and Materials __.__.________$ 2,474,088

Public Library Construction ------ $ 1,149,000

Provided, that of the above appropriation, relative to operations, $27,500 is designated and committed for payment to Houston County Speech and Hearing School, and $27,500 is designated and committed for payment to Houston County Happy Hour School.

Provided, that the State Board of Education shall make allotments for Section 11, 12 and 20 teachers on the basis of the index schedule used for fiscal year 1973.

3174

JOURNAL OP THE HOUSE,

Provided, however, that the amount of $2,430,000 above, relating to Cooperative Educational Services Across County Lines, Operations, be distributed to each of the 18 C.E.S.A.'s equally as a basic grant.

From the above appropriation, relative to Opera tions, the Department is authorized to make payments to the Teachers' Retirement System to fund a reduc tion from 15 to 10 years the minimum period for pro viding disability and death benefits under Teachers' Retirement.

Provided, that of the funds appropriated in this Section, the Department is authorized to utilize up to $15,000,000 to fund the Equalization Program autho rized in HB 57.

Provided, that of the above appropriated amount, relative to Kindergarten for the Handicapped, the Diag nostic Classification and Testing Services Program initiated in F. Y. 1973 under Act No. 1234, Ga. Laws 1972, p. 722, shall be funded at the continuation level in F. Y. 1974, the remainder of such appropriation shall be used and expended to initiate a half-day kinder garten program for five-year-old children who are mentally, physically, or emotionally handicapped, and for no other purpose.

Section 17. Employee's Retirement System. Operations -.._.-.__......._..--....._._...,,,,.-_.._...-...,,,,..._........- $ --0--

Changed Objects:
Personal Services .,,....,, ---....$ Operating Expenses _............_........ ....$

465,600 208,000

Section 18. Forestry Commission, Operations _...____..,,.. $

Changed Objects:
Personal Services ._-.............,,--..,,___$ 7,953,800 Operating Expenses ________________._._____._$ 2,600,200

8,477,200

Provided, that of the above appropriation, $25,000 is designated and committed for sewer line construc tion in Bibb County. Provided, further, that none of the funds appropriated above for this purpose shall be used until the Attorney General has issued an official opinion that such expenditure be legal.

Section 19. Forest Research Council. Operations ..-..._......,,._........._._......-._..._._.........__..........-...$

606,000

THURSDAY, MARCH 15, 1973

3175

Changed Objects:
Personal Services --_-_.________.___________$ Operating Expenses _...,,_. .._._...........$ Research Contracts ._____________________.____.$

88,000 56,200 483,600

Section 20. Office of the Governor.
A. Operations Governor's Office .____._............__...__.__.__.._._.__..$

858,000

Changed Objects:
Personal Services ..............................I Operating Expenses _..........__.__...__.__..$ Mansion Allowance ....,,__._...__._......_...$

544,000 289,000 25,000

Office of Planning and Budget _...__._........._.___..._.__.__._.$
Changed Objects:
Personal Services ...._,,_..._..$ 1,780,331 Operating Expenses: Regular .,,..--$ 353,482 Payments to Regional
Commissions ..__..__.._____.._..............._$ 216,700

1,583,213

B. Governor's Emergency Fund _______-___..________________.$ 2,000,000

There is hereby appropriated 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 re quires expenditure of any part of said fund. Expendi tures from this fund shall be made in accordance with with other provisions of State law and the Constitution.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger or other grave emergency when available funds are not sufficient for such purposes.

Section 21. Grants to Counties and Municipalities. A. Grants to Counties ..................................................I Changed Object:
Grants to Counties _-______^.__-_____--.$ 2,600,000

2,600,000

3176

JOURNAL OF THE HOUSE,

B. Grants to Municipalities _..._...-__.___.__........

$ 4,200,000

Changed Object: Grants to Municipalities

44,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

Section 22. Department of Human Resources.

A. Operations -______............_._..._._...... .....__.......-.-......$ 286,860,700

Changed Objects:
Personal Services ......................... $136,384,400 Operating Expenses ____...___.._.._.___.$ 86,195,264 Grants ......_...................._..___..._.........$ 66,104,000 Benefits ............_._..._................._..._...$405,288,000

Provided, that of the above appropriation, a specific sum equal to the cost of providing uniforms for all fire men and security personnel at Central State Hospital is designated and committed for the provision of such uniforms for such employees.

Provided, that of the above appropriation, $400,000 is designated and committed for the Savannah Sheltered Workshop.

Provided, that the funds included in this Section, for the State to operate the Cobb County Detention Center shall only be available for expenditure therefor upon said facility and real estate being transferred and deeded to the State at no cost to the State.

Provided, that of the above appropriation, $100,000 is designated and committed for the Hemophilia Pro gram.

Provided, that of the above appropriation relating to Operations, $5,000,000 is designated and committed for payment to the Macon-Bibb County Hospital Au thority. Provided, further, that payment of such funds to said Authority shall not be made prior to the ap proval by the Federal Government of the application and funding for a new medical college for the training of Medical Doctors and other allied medical personnel.

Provided, that of the above appropriation, $650,000 is designated and committed for the Sheltered Work shops for the mentally retarded.

THURSDAY, MARCH 15, 1973

3177

Provided, that the Department of Human Resources shall continue to operate the Georgia Indigent Legal Services Program at a level at least equal to the F. Y. 1973 level of activity.

Provided, that of the above appropriation, $11,-
663,000 is designated and committed for the Day Care Centers for the Mentally Retarded.

Provided, that of the above appropriation $484,000 is designated and committed to construct a Regional Youth Development Center at Blakely, Georgia.

Provided, however, that the object classes for the State hospitals will be as follows:
Southwestern State Hospital Personal Services ___________________.._______$ 5,441,000 Operating Expenses _________________._,,,,.,,_$ 1,126,000

Georgia Retardation Center

Personal Services

___.____.$ 8,826,000

Operating Expenses ....___..............._...$ 2,784,000

Georgia Mental Health Institute
Personal Services ,,.._..._..._._.._...-..._..$ 6,087,000 Operating Expenses ________.________.___,,_.$ 1,757,000

Georgia Regional Hospital at Augusta
Personal Services __......_....._._.__.._._.....$ 3,989,000 Operating Expenses _______.______..________$ 1,036,000

Georgia Regional Hospital at Atlanta
Personal Services __._.__._,,_______________,,_.$ 4,905,000 Operating Expenses ______ _____.,,.__.___$ 1,540,000

Central State Hospital
Personal Services _________________._____,,..___$ 33,495,000 Operating Expenses .......................I 8,210,000

Georgia Regional Hospital at Savannah
Personal Services ___....__________-__._$ 3,986,000 Operating Expenses ______________________ $ 882,000

Gracewood State School and Hospital
Personal Services .__.._.....,,_._--._.--.$ 11,455,000 Operating Expenses _........_..._......._._.$ 2,926,000

3178

JOURNAL OF THE HOUSE,

Northwest Georgia Regional Hospital
Personal Services -.--._$ 1,839,000 Operating Expenses _....._..................$ 783,000

West Central Georgia Regional Hospital
Personal Services .......-._,,.,,_..._..,,..__$ 1,372,000 Operating Expenses ....._-._...._.___......$ 782,000

B. Construction .._.......................... ........_.......................$ 10,378,000

Changed Objects:

Capital Outlay

_ __ .

$ 4,308,000

Authority Lease Rentals ..................$ 6,070,000

Section 23. Department of Labor.

A. Operations ..,,,,.,,___.$ 1,395,000

Changed Objects:
Personal Services _,,_,,__..__,.__.._-___.$ 16,543,000 Operating Expenses ..._..__...__._._.$ 5,860,000 Grants _.._...._...................._......._.._....$1,769,000

B. Unemployment Compensation Reserve Fund ,,.._..,,......,,...._..................................$

500,000

Changed Object:
Unemployment Compensation Reserve Fund ........_......_...._..$

500,000

Section 24. Department of Law.

A. Operations ........._......_._....._......................... .............$ 2,091,100

Changed Objects:
Personal Services ..._......._....___..$ 1,809,800 Operating Expenses ,,.._._.._...--..$ 343,300

B. Books for State Library _

$

21,000

Changed Object: Books for State Library ___._.___.$

21,000

For the cost of operating the Department of Law provided that the compensation of all Assistant Attor neys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on

THURSDAY, MARCH 15, 1973
the legal duties of the State, required of the Depart ment of Law, or any agency of the State in the Ex ecutive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respec tive agency for the purpose for which provision is made in this item, unless payment is for reimburse ment to the Department of Law as provided by law.

3179

Section 25. State Literature Commission. Operations ......._..._._---,,-.-$

31,000

Changed Objects:
Personal Services ____________...........$ Operating Expenses ....._......__......_.$

25,000 6,000

Section 26. Merit System of Personnel Adminis tration.
Operations .................... ^. ............. ^

--0--

Changed Objects:
Personal Services .._.____.___._......._$ 1,269,500 Operating Expenses ____._._________$ 623,500

Section 27. Department of Natural Resources.

A. Operations _______ ._.....$ 21,631,350

Changed Objects: Personal Services .______...--.$ Operating Expenses ____.........$
Grants: Land and Water Con servation Fund ______ $
Local Governments: Solid Waste Systems .._ $
Savannah Beach Reclamation ........_______.__$
Recreation Systems ._._..$
Water and Sewer Systems ........................^

15,717,100 11,394,600
4,000,000 2,000,000
476,950 200,000 2,000,000

B. Authority Lease Rentals ............................... --.^ 2,546,000

Changed Object: Authority Lease Rentals .....$

2,546,000

C. Capital Outlay ................... ^ 15,226,100

3180

JOURNAL OF THE HOUSE,

Changed Object: Capital Outlay

... ...... $ 15,746,200

Provided, that of the above sum the sum of $500,000 is to be used for acquiring land and establishing the Pickett's Mill and New Hope Church State Park in Paulding County, Georgia.

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Sec tion or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.

Provided, however, that none of the above appro priation for Water and Sewer Grants shall be allotted to any county or municipality unless such county or municipality shall have reached its legally established bonding capacity.

Provided, further, that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.

Provided, that of the above appropriation relating to Capital Outlay, $300,000 is designated and com mitted for the Crooked River Project.

Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and commit ted for General Coffee State Park.

Section 28. Occupational Safety and Health Ad ministration.

Operations _

....-.$

47,300

Changed Objects :
Personal Services .....----...----..--.I Operating Expenses .................... $

51,100 43,600

Section 29. Department of Offender Rehabilita tion.

A. Corrections Operations ......._... ....................$ 21,743,900

Changed Objects:
Personal Services ..................$ 14,735,200 Operating Expenses __.._......._.$ 8,678,700

THURSDAY, MARCH 15, 1973

3181

Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Capital Outlay ....................................................^ 11,805,000

Changed Object: Capital Outlay ..........................$ 11,805,000

Authority Lease Rentals ...............................^

840,000

Changed Object: Authority Lease Rentals --$

840,000

B. Offender Rehabilitation Operations .......................^ 4,849,000

Changed Objects:
Personal Services .........._._....._._..._._...$ 4,183,100 Operating- Expenses --.--.----...........$ 1,234,900

Provided, that of the above appropriation relating to Operating Expenses, $500,000 is designated and com mitted for equipment purchases for Correctional Indus tries.

C. Pardons and Parole Board Operations --.--..................--.

351,000

Changed Objects:
Personal Services Operating Expenses

300,000 51,000

Section 30. Department of Public Safety.

A. Operations

..................... .

21,787,300

Changed Objects:
Personal Services .........$ 16,592,500 Operating Expenses .......,,...__.._----.$ 8,328,300

3182

JOURNAL OF THE HOUSE,

B. Capital Outlay

Changed Object: Capital Outlay ...................................$ 167,000

Provided, that of the above appropriation relating to Capital Outlay, $107,000 is designated and committed to construct and equip a driver's licensing facility in North Fulton County or North Atlanta.

Provided, that from the above appropriation, there shall be paid to each employee who has repaid moving expenses to the department and amount equal to the re payment such employee has made. Provided, further, that no further repayment of moving expenses by em ployees shall be received by this agency.

Provided, that of the above appropriation relating to Operations, $30,000 is designated and committed to purchase uniforms for the Drivers License Examiners.

Section 31. Public School Employee's Retirement System.

A. Operations ................................................................^

79,000

Changed Object: Operating Expenses _._____._....._...__.._...$

79,000

B. Employer Contribution ..........................................^ 7,927,000

Changed Object: Employer Contribution .__.__._..____.._...$ 7,927,000

Section 32. Public Service Commission.

Operations ,,

_

..$

Changed Objects:
Personal Services ..............................$ 1,470,243 Operating Expenses ..........____._......--.$ 477,445

1,947,688

Section 33. Regents, University System of Georgia.

A. Operations

_

, $ 219,611,541

Changed Objects: Personal Services _,,._.__._.._____.___________$244,381,041

THURSDAY, MARCH 15, 1973

3183

Operating Expenses ..........................$ 70,417,000 Teachers' Retirement ............__.____.....$ 13,947,500 Grants to Junior Colleges ________..__...$ 3,050,000 Regents Scholarships ........................I 200,000 Medical Scholarships _...____________._____.$ 336,000

B. Construction: Authority Lease Rentals __...._............._...._._.........._..$ 20,693,500

Changed Object: Authority Lease Rentals ,,

.. $ 23,519,170

Provided that from the above appropriation for fiscal 1974 for Authority Lease Rentals, the amount of $1,000,000 is designated and committed for payments to permit the issuance of new bonds to finance new projects.

Provided, that of the above appropriation relating to operations, the State Board of Regents is authorized to pay $20,000 to the Southern Regional Education Board for 10 Georgia students to attend the Southern College of Optometry.

Provided, that from appropriated funds in A. and B., the amount of $23,519,170 in F. Y. 1974 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books what soever.

Provided, that the State Board of Regents shall, within, the first 30 days of the fiscal year, make an ap portionment of funds to the various units of the Univer sity System from all funds available in the amounts necessary in the fiscal year to pay the annual lease con tract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.

Provided, that of the above appropriation relating to Operations, the Department is authorized to make payments to the Teachers' Retirement System to fund a reduction from 15 years to 10 years the minimum period for providing disability and death benefits under Teachers' Retirement.
Capital Outlay

13,765,000

3184

JOURNAL OF THE HOUSE,
Changed Object: Capital Outlay ___......................_..........$ 15,265,000

Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution ap plicable to such salary to the Teachers' Retirement System.

No funds realized by the State Board of Regents of the University System or any college or university, from the State General Fund, from the Federal Govern ment, or from any other sources, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.

Provided, that in the event the Board of Regents determines that construction of dormitories or similar income-producing projects are necessary to the opera tion of the University System, the Board of Regents may, by transfer from Operating Funds, increase the Authority Lease Rental Appropriation above by an amount no greater than $750,000 and the same shall be specifically appropriated for the purpose of Authority Lease Rental Agreements with the Georgia Education Authority (University) for construction of such proj ects. Provided, however, that the amount so transferred from Operating Funds to Authority Lease Rentals shall be approved by the Fiscal Affairs Subcommittees of the General Assembly and shall be no less than the maximum annual debt service requirement on the bonds issued to finance the construction of said income-pro ducing projects.

Provided, further, that unanticipated revenue from contract and grant and grant overhead shall be avail able for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate; provided, further, that the State appropriation shall not be reduced by addition of the above revenues to the operating budget of the Regents of the University System of Georgia.

Provided, that revenue from student fees which ex ceeds the budget estimate of student fees by $2,000,000 shall not be available for operations; provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.

THURSDAY, MARCH 15, 1973

3185

Section 34. Department of Revenue.

A. Operations ___._.____.____.___..._..__.__._______.____..__...._._.__..$ 16,308,859

Changed Objects:
Personal Services .......... ._..._...._.._._.$ 10,211,019 Operating Expenses ..__.............._.__....$ 5,692,840 Grants .................. .__..__.______..._.._._____._...$ 412,000

B. Loans to Counties--Property Tax Reevaluation .....................__........ ............. $

170,000

Changed Object:
Loans to Counties for Property Tax Reevaluation _..._.........____......_$

325,000

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 in such amounts and for the same purpose as originally appropriated but not to exceed $155,000 in F. Y. 1974. Such amount shall be available for further tax evaluation loans to counties.

C. Motor Vehicle Tag Purchases ...................__...._.. $ 995,500

Changed Object: Motor Vehicle Tag Purchases ........$

995,500

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $838,500 is designated and committed for use in contracting with Offender Rehabilitation for the production of at least 1,950,000 motor vehicle tags.

Section 35. Secretary of State.

A. Operations ................_............................................$ 4,439,714
Changed Objects: Personal Services ...........................I 2,916,000 Opearting Expenses ._........_....._....._.. $ 1,472,914

B. Authority Lease Rentals ........_.......__........_.............$

Changed Object: Authority Lease Rentals ._..............$

815,000

815,000

3186

JOURNAL OF THE HOUSE,

Provided, that of the above appropriation relative to operations, $50,000 is designated and committed for a monument to Richard B. Russell.

Provided, that of the above appropriation, $64,914 is designated and committed for use by the Bi-Centennial Commission.

Section 36. State Scholarship Commission.

A. Operations .--__.._...-.-...____-_.-_........-......._.._._-__._..,,...$ 529,000

Changed Objects:
Personal Services ________,,,,_.________._______$ Operating Expenses .___._..._____.._____..__.$

468,000 351,000

B. Higher Education Assistance Corporation--Interest and Fees on Loans _._.___._....-.._....-..-_...._._..._......___._.._.. $
Changed Object: Interest and Fees on Loans ............$ 435,000

435,000

C. Higher Education Assistance
Authority--Direct Loans and Tuition Grants _______.___.._._.._. ........_...-...................$
Changed Objects:
Direct Laons __.._............__.__._._........._.$ 1,176,000 Tuition Grants ..__._.._._._..._........._....._._.$ 4,200,000

5,376,000

D. State Scholarship Commis sion--Scholarships _..._......._..._...._._......_-....._._.___.$
Changed Object: Scholarships --.._.._.......-.......__......-..._..$ 1,224,000

1,149,000

E. Law Enforcement Personnel Dependent Scholarships --.___........._.....--.............$

105,000

Changed Object:
Law Enforcement Personnel-- Dependent Scholarships _........_....$

105,000

Provided, that of the above appropriated amount relative to scholarships an amount not to exceed $12,000 is designated and committed for the purpose of pro viding stipends for training recruitment personnel.

THURSDAY, MARCH 15, 1973

3187

Provided, that of the above appropriated amount relative to scholarships $105,000 is designated and com mitted solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law.

Provided, that from the above amount is $4,200,000 appropriated for grants and scholarships to students attending private colleges as provided in Ga. Laws 1971, p. 906.

Section 37. Soil and Water Conservation Committee.
Operations __.... ....................._._........___..___.....__..__..,,_.__..__.$

Changed Objects:
Personal Services ._.__...___..__.......__.._._$ Operating Expenses ....__.._._._._.......__..$

123,000 337,800

460,800

Section 38. Teachers' Retirement System.

Operations

,,..

.._..$

Changed Objects:
Personal Services _............_.._..._._.._..$ 295,100 Operating Expenses _..____.....__.._._._....$ 347,600 Employer Contribution _...____......_.__..$ 2,263,015

2,263,015

Section 39. Department of Transportation.

A. Appropriation of all funds in subsections A., B., 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 Department of Administrative Services 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 re ceived by the Fiscal 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 pay able in lieu of the amount appropriated herein.
For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.

3188

JOURNAL OF THE HOUSE,

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 appro priated for new authority lease rentals to permit the issuance of bonds to finance new projects.

For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Gov ernment, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for Federal apportionment for the same year. For the cost of road and bridge construction and surveys, mainte nance and improving the State Highway System of roads and bridges, and the costs incident thereto pro vided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the 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 proj ects, the Office of Planning and Budget is hereby au thorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services and con stitutionally appropriated to the Department of Trans portation.

Operations (including Capital Outlay) ____....._.._.____$ 183,761,987

Construction: Authority Lease Rentals ..__....._...._.._.._.._....________..$ 29,921,000

B. Grants to Counties. For grants to counties for aid in county road construction and maintenance. Grants shall be distributed and disbursed by the Fiscal Division of the Department of Administrative Services as pro vided by law __________________ ________.__,,__.__.....______._________,,___$

4,817,013.03

C. For grants to counties for aid in county road construction and maintenance __.... ___..__.. ________________ $ 4,500,000

THURSDAY, MARCH 15, 1973

3189

The sum appropriated under C. shall be distributed 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 De partment of Transportation.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Department of Transportation. At the request of the Governor or Office of Planning and Budget or the Director of the Department of Trans portation 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. For grants to municipalities for Capital Outlay
in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended ...... ...._........................$

9,317,000

Provided, further, that a member of the governing authority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Gov ernor 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 munic ipality 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 municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

E. For the general administrative expenses of airport development, the promotion of aviation safety and the provision of air transportation services.

Operations

$

748,400

Provided, that the Department of Transportation is authorized to retain such portion of its Air Transporta tion service income as is required to maintain and up grade the quality of its equipment.

3190

JOURNAL OF THE HOUSE,

Construction--Airport Development Capital Outlay _____________________.,,______________________.

976,000

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.

F. For the identification, planning and develop ment of a comprehensive plan for a statewide system or trials.
Operations ,,..,,......__.,,........._.___._.,,__.,,_..............._.._..__.___..$

25,000

Construction--Pilot Bikeways Project
Capital Outlay __........__.._.___..._......._....._......._..._.__..__.._....._.$
Provided, that the Department, of Transportation will prepare the comprehensive plan for the Department of Natural Resources, and provided further that the Department of Transportation is authorized to utilize Pilot Bikeways funds to finance part of the staged construction of a pilot bikeway project when matching federal and/or local funds.
Provided, that of the above appropriation relating to operations, $25,000 is designated for planning a state wide system of multi-purpose trails, and $50,000 is designated for a pilot bicycle trail as part of said state wide system.

50,000

G. Harbor Maintenance Payments. F. Y. 1973 .,,.._......._...$

250,000

Provided, that the entire amount of the above ap propriation for harbor maintenance payments is desig nated and committed for payment for harbor mainte nance at Savannah.

Changed Objects:

Personal Services _......................._.._. $ 86,817,700

Operating Expenses ,,

. $ 34,518,687

Capital Outlay

. ,,,,._.........._. $170,763,000

Authority Lease Rentals ._..._..._...._. $ 29,921,000

Grants to Counties _._._........_...._..._.__..$ 9,317,013.03

Grants to Municipalities .._.__.._......._$ 9,317,000

Section 40. Department of Veterans Service. Operations ____________________________________________________________

$ 4,810,000

THURSDAY, MARCH 15, 1973

Changed Objects:

Personal Services ...............................$ Operating Expenses:
Regular .......................................^ Payments to Central
State Hospital ........................^ Payments to Medical
College of Georgia _______________ $ Grants to Confederate Widows _____ $

1,658,000
217,000
2,950,000
1,489,000 42,000

Capital Outlay ............ ^

Changed Object: Capital Outlay ..................................^ 2,410,000

Section 41. Workmen's Compensation Board.

Operations

_ .............................^

Changed Objects:
Personal Services _________.....__.._______._.$ Operating Expenses _..-__________.._._.___$

834,000 155,000

Section 42. In addition to all other appropriations for the fiscal year ending- June 30, 1974, there is hereby appropriated collectively to the agencies listed below, the amount of $10,500,000 for the purpose of funding an across-the-board salary increase of not more than $420 per budgeted employee. The Office of Planning and Budget shall determine the allocation of these funds among the agencies listed below, and is hereby authorized and directed to increase the appropriate ob ject classes involved to reflect this salary increase. In no event shall the Office of Planning and Budget allo cate to any agency an amount in excess of the minimum amount required to effect such salary increase for the employees of such agency.

3191
1,160,000 989,000

AGENCY
Department of Administrative Services Department of Agriculture Department of Audits Department of Banking and Finance Department of Community Development Office of Comptroller General Department of Defense Department of Education Forestry Commission Forest Research Council Office of the Governor Department of Human Resources Department of Labor

3192

JOURNAL OF THE HOUSE,

Department of Law Department of Natural Resources Occupational Health & Safety Administration Department of Offender Rehabilitation Office of Planning and Budget Department of Public Safety Public Service Commission Department of Revenue Office of Secretary of State Scholarship Commission Soil and Water Conservation Committee Department of Transportation Department of Veterans Service Board of Workmen's Compensation

Section 43. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No whole sale distributor of gasoline shall be entitled to a re fund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General As sembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in re tailing gasoline.

Section 44. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Con stitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agen cy, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agen cy, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the fiscal year beginning July 1, 1973, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required pay ments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

The General Assembly declares that the sums here by appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the

THURSDAY, MARCH 15, 1973

3193

general funds of the State as a first charge upon Gen eral Funds.

Sections 45. All expenditures and appropriations made and authorized under this Act shall be according to the objects, programs and activities as specified in the Governor's recommendations contained in the Bud get Report submitted to the General Assembly at the regular 1973 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a bud get unit between objects, programs, and activities sub ject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropria tion, nor which would require operating funds or capital outlay funds beyond fiscal year 1974, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommit tees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Commit tees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided herein before for transfers.

Section 46. Wherever 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 Budget Report for F. Y. 1974 submitted to the 1973 General Assembly.

Section 47. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the

3194

JOURNAL OF THE HOUSE,

Office of Planning and Budget shall cease to be an obligation of the State.

TOTAL APPROPRIATIONS F. Y. 1974 _._.__,._.......__.._._.............__..__........_...__............_.__..$1,614,082,762.

Section 48. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 49. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Connell of the 80th moved that the House disagree to the Senate substi tute to HB 141.

The motion prevailed and the Senate substiute to HB 141 was disagreed to.

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

SB 336. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend an Act known as the "State Ports Authority Act", as amended, so as to authorize the Governor, on behalf of the State, to convey certain property to the Georgia Forth Authority subject to the Marshlands Protection Act of 1970, as now or hereafter amended; and for other purposes.

The following committee amendment was read and adopted:

The Committee on State Institutions and Property moves to amend SB 336 as follows:
To add, on Page 1 between Lines 12 and 13 and just before Section 1, the following:
"BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:".

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

THURSDAY, MARCH 15, 1973

3195

On the passage of the Bill, as amended, the ayes were 133, nays 0.

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

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", as amended, so as to change the date for making quarterly returns; 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 134, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
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.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.

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

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 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.

3196

JOURNAL OP THE HOUSE,

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien
Atherton Bailey Bennett Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Burton Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, 3. E. Dean, N. Dickey Dollar Dorminy Duke Edwards

Egan Farrar Floyd, L. R. Foster Fraser Geisinger Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones 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 Matthews, C. Matthews, D. R. Mauldin

McCracken McDaniell McDonald McKinney Milford
Morgan Moyer Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Snow Stephens Sweat Thompson Toles Triplett Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby

Wheeler, J. A. Whitmire Williams

THURSDAY, MARCH 15, 1973

3197

Willis Wilson, J. M.

Wilson, M. L. Wood

Voting in the negative was Mr. W. L. Horton.

Those not voting were Messrs.:

Adams, Marvin Beckham Bond Brown, B. D. Busbee Carlisle Dent Dixon Elliott Ellis Evans Ezzard
Floyd, J. H.

Gignilliat Grahl Hawes Irvin, R. Jordan Keyton Lambert Mason Miles Mulherin Murphy Noble

Peters Petro Phillips, G. S. Phillips, L. L. Rainey Savage Smith, V. B. Strickland Thomason Townsend Tucker Mr. Speaker

On the passage of the Bill, the ayes were 142, nays 1.

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

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; and for other purposes.

The report of the committee, which was favorable to the 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.

Alien Atherton Bailey Berry Blackshear

Bond Brantley, H. L. Bray Brown, B. D. Brown, C.

3198
Buck Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Edwards Evans Farrar Foster Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harrison Horton, G. T. Horton, W. L.

JOURNAL OF THE HOUSE,

Howard Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Keyton King Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Levitas Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDonald McKinney Miles Milford Morgan Moyer Mulherin Northcutt Oxford

Patten, G. C. Patten, R. L. Patterson Pearce Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Shanahan Shepherd Smith, J. R. Snow Stephens Sweat Thomason Thompson Triplett Turner Vaughn Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Wilson, M. L.

Those voting in the negative were Messrs.:

Berlin Bohannon Brown, S. P. Burton Collins, S. Dean, N. Dickey

Dollar Dorminy Floyd, L. R. Geisinger Harris, J. R. Irwin, J. R. Lane, W. J.

Lee, W. S. Nes smith Odom Sams Wilson, J. M.

Those not voting were Messrs.:

Adams, John Beckham Bennett Bostick Brantley, H. H. Burruss Busbee Carlisle

Colwell Coney Dixon Duke Egan Elliott Ellis Ezzard

Floyd, J. H. Fraser Hawes
Hays Hill, B. L. Hill, G. Irvin, R. Jordan

Knight Lambert Lewis Mason McDaniell Mullinax Murphy Nix Noble

THURSDAY, MARCH 15, 1973

3199

Peters Petro Phillips, G. S. Phillips, L. L. Savage Smith, V. B. Strickland Toles Townsend

Tucker Twiggs Wamble Ware Whitmire Williams Willis Wood Mr. Speaker

On the passage of the Bill, the ayes were 110, nays 19.

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

Mr. Collins of the 45th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to SB 38.

SB 309. By Senator Fincher of the 54th: A Bill to be entitled an Act to provide for the administration of anes thesia by certified registered nurse anesthetists; and for other purposes.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 153, nays 0.

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

SB 156. By Senator Barker of the 18th:
A Bill to be entitled an Act to amend an Act relating to game and fish, so as to provide for the safety of citizens in connection with the activities regulated by the provisions of said Act; and for other purposes.

The following amendment was read and adopted: The Recreation Committee moves to amend SB 156 as follows:

3200

JOURNAL OF THE HOUSE,

By striking in their entirety lines 16, 17 and 18 of Page 1 and substi tuting in lieu thereof the following:

"10. To prescribe outer apparel for wear by hunters while hunt ing deer which will contain not more than 500 square inches of blaze orange color."

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 Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Blackshear Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Burton Carlisle Castleberry Chance Clark Cole Coleman Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dollar Duke

Edwards Elliott Evans Ezzard Farrar Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Greer Hamilton Harden
Harris, J. F. Hawes Hays Hill, B. L. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones Keyton Knight Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lowrey Mason

Matthews, C. Matthews, D. R. McCracken McDaniell McKinney Miles Moyer Mullinax
Nix Noble Northcutt Patten, G. C.
Patten, R. L. Patterson Pinkston Roach Rogers Rush Russell, J. Savage Shanahan Shepherd Snow Shepherd Strickland Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Ware

THURSDAY, MARCH 15, 1973

3201

Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Willis Wilson, J. M.

Wilson, M. L. Wood

Those voting in the negative were Messrs.

Adams, Marvin Beckham Brantley, H. L. Burruss Dean, N. Dixon Groover Harrington Harris, J. R. Harrison Hill, G. Jordan

King Lane, W. J. Lee, W. S. Lewis Logan Marcus Mauldin McDonald Milford Morgan Mulherin

Nessmith Odom Oxford Pearce Reaves Ritchie Ross Russell, W. D. Smith, V. B. Sweat Thomason

Those not voting were Messrs.:

Berry Bond Brown, B. D. Buck Busbee Carr Carrell Collins, M. Colwell Dorminy

Egan Ellis Floyd, J. H. Fraser Horton, G. T. Jessup Lambert Larsen, W. W. Levitas Murphy

Peters Petro Phillips, G. S. Phillips, L. L. Rainey Sams Smith, J. R. Townsend Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 116, nays 34.

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

The following Bills and Resolution of the House were taken up for the pur pose of considering the Senate amendments or substitute thereto:

HB 122. By Mrs. Hamilton of the 31st and others:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Atlanta to allow bridges and tunnels to accommodate pedestrian traffic; and for other purposes.

3202

JOURNAL OP THE HOUSE,

The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 122 by adding in Section 2, page 2, line 14, between the word "surfacing" and the word "any", the following:

", including";

and,

By adding after the word "driveway" on page 2, line 15, the fol lowing:

Mrs. Hamilton of the 31st moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 105, nays 0.
The Senate amendment to HB 122 was agreed to.
HR 69-215. By Mr. Adams of the 36th: A Resolution proposing an amendment to the Constitution so as to au thorize a homestead exemption of $5,000 for homeowners in the City of Atlanta; and for other purposes.
The following Senate amendment was read:
Senator Coggin of the 35th moves to amend HR 69-215 as follows: By striking on page 2, line 25, beginning with the word "and" and
continuing to and including the word "disabled" at the end of line 7, page 3.
By striking from page 3, lines 22 and 23 the words "either totally and permanently disabled or".
Mr. Adams of the 36th moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 125, nays 2.

THURSDAY, MARCH 15, 1973

3203

The Senate amendment to HR 69-215 was agreed to.

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 Fund, so as to change the time within which a notice must be filled to qualify for disability benefits; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. Laws 1950, p. 50), as amended, particularly by an Act approved March 30, 1963 (Ga. Laws 1963, p. 386), so as to change the time within which a notice must be filed to qualify for disability benefits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the Peace Officers' Annuity and Bene fit Fund, approved February 1, 1950 (Ga. Laws 1950, p. 50), as amended, particularly by an Act approved March 30, 1963 (Ga. Laws 1963, p. 386), is hereby amended by striking Section 12 in its entirety and sub stituting in lieu thereof a new Section 12, to read as follows:
"Section 12. Any peace officer who, after lawfully becoming a member of the Fund and while paying dues therein, shall receive an injury by external accident or violence arising out of and in the course of the employment as such officer, and not resulting from the willful misconduct of such officer, from which injury such officer shall be rendered totally and permanently disabled to again perform the duties of a peace officer, upon application to the Board of Commissioners within twenty-four months from the date of becoming totally and permanently disabled and lawful proof of such injury and disability, shall be entitled to a benefit of $100 per month if such peace officer, within twenty-four months from the date of such injury, shall have filed notice with the Fund in the form of an affidavit giving the time, place, nature, and cause of the accident or violence and such other information relative thereto as the Board shall require. Provided, however, that any peace officer who after lawfully becoming a member of the Fund and while paying dues therein received such an injury prior to April 1, 1963, shall not be required to file such notice but shall be required to make the above application within twelve months from the date of becoming totally and permanently disabled."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Mr. Adams of the 36th moved that the Senate substitute to HB 23 be agreed to.

On the motion, the ayes were 155, nays 0.

The motion prevailed and the Senate substitute to HB 23 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time.

SB 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.

The report of the Committee, which was favorable to the 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 Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P.

Buck Burton Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib

Dean, J. E. Dent Dickey Dorminy Duke Edwards Egan Elliott Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham

Greer Groover Hamilton Harden Harrington Harris, J. P. 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 Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.

THURSDAY, MARCH 15, 1973

3205

Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C.
Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan. Moyer Mulherin Mullinax Nessmith Noble Northcutt Odom Oxford Patten, R. L. Patterson Peters Phillips, G. S. Pinkston Rainey

Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Shanahan Shepherd Smith, J. R. Smith, V. B. Stephens Strickland Sweat Toles Triplett Tucker Turner 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. Dixon.

Those not voting were Messrs.:

Atherton Beckham Berlin Bond Brown, B. D. Burruss Busbee Colwell Dean, N. Dollar Ellis

Floyd, J. H. Howard Jordan Knight Matthews, D. R. Murphy Nix Patten, G. C. Pearce Petro

Phillips, L. L. Sams Savage Snow Thompson Townsedn Twiggs Vaughn Wamble Mr. Speaker

On the passage of the Bill, the ayes were 148, nays 1.

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

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The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HB 265
Mr. President: Mr. Speaker:
Your Conference Committee on HB 265 has met and submits the following report:
That the House and Senate recede from their respective positions and that the attached substitute be adopted.

FOR THE HOUSE
/s/ Elliott H. Levitas Representative, 50th District
/s/ Clarence Vaughn, Jr. Representative, 57th District
/s/ Gibson Dean, II Representative, 60th District

Respectfully submitted,
FOR THE SENATE /s/ Ed Garrard Senator, 37th District
/s/ Steve Reynolds Senator, 48th District
/s/ W. Armstrong Smith Senator, 34th District

A BILL
To be entitled an Act to authorize and require the State, all of its agencies and institutions, (other than the Department of Transporta tion), and each county, municipal corporation, school district, political subdivision, public authority, public agency, public corporation and public instrumentality created under the Constitution and laws of the State of Georgia to make or approve the payment of relocation and rep]acement housing expenses of any person, family, business, farm operation, or non-profit organization displaced by federal-aid public works projects; to provide for relocation assistance advisory services for any person, family, business, farm operation, or non-profit organi zation displaced by federal-aid public works projects; to authorize and require the State, all of its agencies and institutions (other than the Department of Transportation), and each county, municipal corporation, school district, political subdivision, public authority, public agency,

THURSDAY, MARCH 15, 1973

3207

public corporation, and public instrumentality created under the Con stitution and laws of the State of Georgia to make or approve the payment of expenses incident to the transfer of real property, mortgage penalties and a pro rata part of real property acquired by the State or any of the foregoing public entities for any federal-aid public works proj ects; to provide for the payment of condemnee's litigation expenses in connection with any condemnation case brought by the State or any of the above named public entities in a federal-aid public works project when it is judicially determined that the property cannot be condemned or the case is abandoned by the State or any of the above named public en tities in which judgment is rendered for plaintiff for real property taken by the State or any of the above named public entities for a federal-aid public works project; to provide for certain land acquisition policies for federal-aid public works projects; to provide for the pro mulgation of rules by the State or any of the above named public en tities; to authorize the State or any of the above named public entities to determine the amounts to be paid as financial assistance; to provide a method of appeal; to provide for legislative findings and declarations; to declare that the providing of such relocation assistance and pay ments, and, in connection with the acquisition of real property for public projects or programs, the establishing and implementing of all such policies and practices and the paying or reimbursing of all such neces sary expenses, constitute governmental functions undertaken for public purposes for which public funds may be expended and for which the above named public entities possessing the power of taxation may exercise such power; to provide that no payment received by a displaced person under this Act shall be considered as income or resources for certain purposes; to authorize and require the State or any of the above named public entities to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress of the United States, approved January 2, 1971; to pro vide an effective date; to repeal conflicting laws; to provide that this Act shall not repeal nor affect in any manner that certain Act known as "The Highway Relocation and Land Acquisition Policy Act", ap proved April 3, 1972 (Ga. L. 1972, p. 931); and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. This Act shall be known as "The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973.".

Section 2. The General Assembly hereby finds and declares that the prompt and equitable relocation and re-estbalishment of persons, businesses, farmers, and non-profit organizations displaced when the State, all of its agencies and institutions (other than the Department of Transportation), and each county, municipal corporation, school dis trict, political subdivision, public authority, public agncy, public corpo ration and public instrumentality created under the Constitution and laws of the State of Georgia (hereinafter collectively referred to as "Several Public Entities" acquire land, with federal financial assistance, for a public use, is necessary to insure that certain individuals do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole. The General Assembly finds and declares that the establishment of uniform fair land acquisition policies

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will be beneficial to the public. The General Assembly finds that the Congress of the United States has, by enacting the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970", Public Law 91-646, made funds available for relocation assistance and the implementation of certain land acquisition policies. The General As sembly further finds that the Congress of the United States has by the aforesaid statute, provided for the total cessation after July 1, 1972, of federal financial assistance for public works projects which will displace persons or businesses unless the State complies with the re quirements of Public Law 91-646. The General Assembly finds and declares that the construction, of public works projects with federal assistance is vital to the State and is in the best interest of the people of the State and that providing for the continuation of federal financial assisance at the highest possbile level for public works projects is a legitimate public purpose. The General Assembly further finds that cost of providing the assistance and services herein provided for should be, and the same are hereby declared to be, part of the necessary cost of federal-aid public works projects.
Section 3. The Several Public Entities are hereby authorized to and shall make or approve the payments required by Section 210 of the Uniform Relocation Assistance and Real Property Acquisition Poli cies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, for the relocation expenses and replacement housing expenses of any person, family, business, farm operation, or non-profit organiza tion displaced by federal-aid public works projects in the State, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to any of the Several Public Entities.
Section 4. The Several Public Entities are hereby authorized to and shall provide the relocation assistance advisory services required by Section 210 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, for any person, family, business, farm operation, or non-profit organization displaced by federal-aid public works projects in the State, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to any of the Several Public Entities.
Section 5. The Several Public Entities are hereby authorized to and shall make or approve the payments required by Section 305(2) of the Uniform Relocation Assistance and Real Property Acquisition Poli cies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, for expenses incident to the transfer of real property acquired by any of the Several Public Entities, prepayment of mortgage penal ties, and a pro rata portion of real property taxes on real property acquired by any of the Several Public Entities from any person, family, business, farm operation, or non-profit organization displaced by fed eral-aid public works projects in the State, the costs of whcih are now or hereafter financed in whole or in part from federal funds allocated to any of the Several Public Entities.
Section 6. The Several Public Entities are hereby authorized to and shall make or approve the payments required by Section 305(2) of the Uniform Relocation Assistance and Real Property Acquisition Pol-

THURSDAY, MARCH 15, 1973

3209

icies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, for litigation expense of any person, family, business, farm operation, or non-profit organization actually incurred as a condemnee in any condemnation proceeding brought by an acquiring public entity to acquire real property for a federal-aid public works project, the cost of which is now or hereafter financed in whole or in part from federal funds allocated to an acquiring public entity if the final judgement is that the acquiring public entity cannot acquire the real property by condemnation or the condemnation proceeding is formally abandoned by the acquiring public entity.

Section 7. The Several Public Entities are hereby authorized to and shall make or approve the payments required by Section 305 (2) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, approved Jan uary 2, 1971, for litigation expenses of any person, family, business, farm operation, or non-profit organization actually incurred by the plaintiff in any inverse condemnation proceeding brought against an acquiring public entity in which judgment is rendered in favor of the plaintiff for real property taken by the acquiring public entity in its execution of any federal-aid public works project, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the acquiring public entity.

Section 8. In acquiring real property for any federal-aid public works project, the costs of which are financed in whole or in part from federal funds allocated to an acquiring public entity such public entity shall be guided by the land acquisition policies required by Section 305(1) of the Uniform Relocation Assistance and Real Property Acqui sition Policies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, and shall, to the greatest extent practicable, be guided by the following policies:

(1) An acquiring public entity shall make every reasonable effort to acquire expeditiously real property by negotiation;

(2) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property;

(3) Before the initiation of negotiations for real property, the acquiring public entity concerned shall establish an amount which it believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so estab lished. In no event shall such amount be less than the amount of an appraisal of the fair market value of such property approved by the acquiring public entity. The acquiring public entity shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount established by the public entity as just compensation. Where appropriate the amount of just compensation for the real property acquired and for damages to i-emaining real property shall be separately stated;

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(4) No owner shall be required to surrender possession of real property before the acquiring public entity pays the agreed pur chase price, or deposits with the court pursuant to a declaration of taking, or the award of assessors or the special master, for the benefit of the owner, an amount not less than the amount of an appraisal of the fair market value of such property approved by such acquiring public entity or the amount of the award of the assessors or special master;

(5) The construction or development of a federal-aid public works project shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available), or to move his business or farm operation, without at least 90 days written notice from the acquiring public entity, of the date by which such move is required;

(6) If the acquiring public entity permits an owner or tenant to occupy the real property acquired on a rental basis for a short term, the amount of rent required shall not exceed the fair rental value of the property to a short term occupier;

(7) In no event shall an acquiring public entity either advance the time of condemnation, or defer negotiations or condemnation and deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property;

(8) If any interest in real property is to be acquired by exer cise of the power of eminent domain, the acquiring public entity shall institute formal condemnation proceedings. The acquiring pub lic entity shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property;

(9) If the acquisition of only part of the property would leave its owner with an uneconomic remnant, as determined by the ac quiring public entity, the acquiring public entity shall offer to acquire the entire property.

Section 9. In acquiring property for any federal-aid public works project, the costs of which are financed in whole or in part from federal funds allocated to an acquiring public entity, the acquiring public en tity shall be guided by the land acquisition policies relating to buildings, structures, and improvements, specified by Section 305(1) of the Uni form Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, and shall to the greatest extent practicable, be guided by the following policies:

(1) Notwithstanding any other provision of law, if the ac quiring public entity acquires any interest in real property, it shall acquire at least an equal interest in all buildings, structures, or pther improvements located upon the real property so acquired

THURSDAY, MARCH 15, 1973

3211

and which it requires to be removed from such real property or which it determines will be adversely affected by the use to which such real property will be put;

(2) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (1) of this section, such building, structure, or other improvement shall be deemed to be part of the real property to be acquired notwithstanding the right or obliga tion of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor;

(3) Payment under this section shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall bargain, sell, transfer, and convey to the acquiring public entity all his right, title, and interest in and to such improvements. Nothing in this section shall be con strued to deprive the tenant of any rights to reject payment under this section and to obtain payment for such property interests in accordance with applicable law, other than this section.

Section 10. Nothing contained in this Act shall be construed as creating in any condemnation proceeding brought under the power of eminent domain, any element of value or of damage.

Section 11. The Several Public Entities are hereby authorized to make such rules as may be necessary to provide for the administration of the financial assistance authorized by this Act. The determination by the Several Public Entities of the amount of any payment and to whom it shall be paid may be appealed and judicially reviewed in the manner prescribed by the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, as amended.

Section 12. The providing of all of the foregoing relocation as sistances and payments and, in connection with the acquisition of real property for public works projects or programs, the establishing of all the foregoing policies and practices and paying or reimbursing of all of the foregoing expenses, are declared to be necessary, and shall and do constitute governmental functions undertaken for public purposes, and public funds may be expended by said public entities in furtherance thereof and such of said public entities as possess the power of taxation in relation to the public works projects and programs referred to above may exercise such power in furtherance thereof. Nothing con tained in this Section 12 should be construed as a grant of a power of taxation to any of the Several Public Entities which do not possess, independently of this Act, any powers of taxation, but it shall consti
tute a grant of the power of taxation in relation to the public purposes

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JOURNAL OF THE HOUSE,

hereinabove enumerated to such of the Several Public Entities as pos sess, independently of this Act, powers of taxation in relation to the par ticular public works project or program undertaken or sponsored by such public entity which displaces a person, thereby giving rise to the necessity of relocation assistance and payments or which requires the acquisition of real property, thereby necessitating the aforesaid real property acquisition policies, practices, payments and reimbursements.

Section 13. No payment received by a displaced person under this Act shall be considered as income or resources for the purpose of de termining the eligibility or extent of eligibility of any person for assistance under any State law or for the purposes of determining the eligibility or extent of eligibility of any person for assistance under any State law or for the purposes of the State's personal income tax law, corporation tax law, or other tax laws. These payments shall not be considered as income or resources of any recipient of public assistance and the payment shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.

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; provided, however, that neither this Act nor any of its provisions shall be construed to repeal or affect in any manner that certain Act known as "The Highway Relocation and Land Acqui sition Policy Act", approved April 3, 1972 (Ga. L. 1972, p. 931).

Mr. Levitas of the 50th moved that the House adopt the report of the Com mittee of Conference.

On the motion to adopt, 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

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burton Carlisle
Carr Carrell Castleberry Chance Clark
Cole Coleman
Collins, M.

Coney Connell Daugherty Davis, E. T. Davis, W. eDan, J. E. Dean, N.
Dent Dickey Dixon Dollar Dorminy
Duke Edwards
Egan

Elliott Ezzard Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones Jordan Keyton King Knight Lane, Dick

THURSDAY, MARCH 15, 1973

3213

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 McDonald McKinney Miles Milford Morgan Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, L. L. Rainey Ritchie

Roach Rogers Ross Rush Russell, J. Savage Shanahan 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

Voting in the negative was Mr. Groover.

Those not voting were Messrs.:

Berlin Bostick Brown, S. P. Buck Burruss Busbee Collins, S. Colwell Dean, Gib Ellis Evans

Floyd, J. H. Geisinger Hill, B. L. Jessup Kreeger Lambert Mason McCracken McDaniell Moyer Murphy

Pearce Phillips, G. S. Pinkston Reaves Russell, W. D. Sams Thomason Townsend Wamble Mr. Speaker

On the motion to adopt, the ayes were 147, nays 1.

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JOURNAL OF THE HOUSE,

The motion prevailed and the report of the Committee of Conference on HB 265 was adopted.

Mr. Groover of the 75th asked unanimous consent that the following Bill of the Senate be withdrawn from the general calendar and be recommitted to the Committee on Judiciary:

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.
The consent was granted and SB 29 was withdrawn from the general calen dar and recommitted to the Committee on Judiciary.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 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 vehciles 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.

The report of the Committee, which was favorable to the 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 Bohannon Bostick Brantley, H. H. Bray Brown, C.

Burton Carr Castleberry Chance Clark Cole Coleman

Collins, M. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickey Dixon Dollar Duke Edwards Elliott Foster Fraser Geisinger Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hawes Hays Hill, G. Horton, W. L. Howard Howell Hudson Hutchinson Jessup

THURSDAY, MARCH 15, 1973

3215

Jones Keyton Kreeger Lane, Dick Lane, W. J. 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 Mullinax Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Petro Phillips, G. S. Phillips, L. L. Reaves

Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Smith, V. B. Snow Stephens Strickland
Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle 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. M. Berry Brantley, H. L. Collins, S.

Harris, J. F. Horton, G. T. Irwin, J. R. King

Larsen, G. K. Nessmith Walker

Those not voting were Messrs.:

Bennett Berlin Blackshear Bond Brown, B. D| Brown, S. P. Buck Burruss Busbee

Carlisle Carrell Coney Dean, Gib Dent Dorminy Egan Ellis Evans

Ezzard Farrar Floyd, J. H. Floyd, L. R. Gignilliat Grahl Hill, B. L. Irvin, J. Irvin, R.

3216
Johnson Jordan Knight Lambert Levitas Lewis Mason

JOURNAL OF THE HOUSE,

McCracken Mulherin Murphy Pearce Peters Pinkston Rainey

Russell, W. D. Shepherd Smith, J. R. Townsend Wamble Mr. Speaker

On the passage of the Bill, the ayes were 122, nays 11.

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

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 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 pur poses.
The following Senate amendment was read:
The Senate Committee on Retirement offers the following amend ment:
Amend HB 162 by striking on page 1, line 13 the following:
"prior to July 1, 1970".
Mr. Dean of the 17th moved that the House agree to the Senate amendment to HB 162.

On the motion, the ayes were 140, nays 0.

The motion prevailed and the Senate amendment to HB 162 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

THURSDAY, MARCH 15, 1973

3217

HB 1184. By Messrs. Triplett of the lllth, Gignilliat of the 105th, Ellis of the 107th and others:
A Bill to be entitled an Act to create a new charter for the City of Garden City; to prescribe the corporate limits of said city; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to create a new Charter for the City of Garden City; to prescribe the corporate limits of said City; to provide for the government of said City and its corporate powers; to provide for governing authority of said City and for the election, terms of office and powers and duties of the members thereof; to provide for all matters relative to the foregoing; to provide for severability; to repeal specific Acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
ARTICLE I. CREATION, INCORPORATION, POWERS
Section 1.10. Incorporation. This Act shall constitute a new Charter for Garden City (hereinafter at times referred to as "the City") repealing and replacing the Charter as provided by an Act approved March 24, 1941 (Ga. Laws 1941, p. 1461), as amended by an Act ap proved February 21, 1951 (Ga. Laws 1951, p. 3209), an Act approved February 12, 1952 (Ga. Laws 1952, p. 2303), an Act approved February 3, 1955 (Ga. Laws 1955, p. 2014), an Act approved February 7, 1955 (Ga. Laws 1955, p. 2044), an Act approved March 13, 1957 (Ga. Laws 1957, p. 3088), an Act approved February 21, 1958 (Ga. Laws 1958, p. 2243), an Act approved March 10, 1959 (Ga. Laws 1959, p. 3014), an Act approved March 17, 1960 (Ga. Laws 1960, p. 2863), an Act approved March 27, 1965 (Ga. Laws 1965, p. 2759), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2965), and by an Act approved April 10, 1969 (Ga. Laws 1969, p. 2584). The City of Garden City, Georgia, in the County of Chatham, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of Garden City, Georgia. Under that name, said City shall continue to be vested with all the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold 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, sell, or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever.
Section 1.11. Corporate Boundaries, (a) The corporate limits of

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Garden City, Georgia, shall include all that territory within the follow ing described boundaries:

BEGINNING at a point located on the southern right of way line of the Pipemakers Canal at its intersection with the eastern right of way line of U. S. Highway 17; thence from said point of beginning continuing eastwardly along the southern right of way line of Pipemakers Canal to its intersection with the properties of the Georgia Ports Authority; thence in a southewestwardly direction along the western property line of the Georgia Ports
Authority to a point where the Georgia Ports Authority property line intersects the eastern right of way line of U.S. Highway No. 17; thence in a southeastwardly direction along the eastern right of way line of U. S. Highway No. 17 to a point where said right of way line intersects the existing corporate limits of the City of Savannah; thence following the existing corporate limits of the City of Savannah in a northwesterly direction for a distance of approximately 600 feet, more or less, to a point where said corporate limits of the City of Savannah intersects the southeast right of way line of U. S. Highway 80; thence in a southwestwardly direction along the southeastern and southern right of way line of U. S. Highway 80 to a point at which said southern right of way line of U. S. Highway No. 80 intersects the eastern right of way line of the Seaboard Coast Line Railroad; thence in a northwesterly direction along the eastern right of way line of the Seaboard Coast Line Railroad to a point where the eastern right of way line of the Seaboard Coast Line Railroad right of way intersects the southern right of way line of Pipemakers Canal; thence in an easterly direction along the southern right of way line of Pipemakers Canal to a point where said southern right of way line of the Pipemakers Canal intersects the western right of way line of Georgia Highway No. 21; thence in a northwesterly direction along the western right of way line of Georgia Highway No. 21 to a point at which the western right of way line of Georgia Highway No. 21 intersects the southern right of way line of Bourne Avenue; running thence eastwardly across Georgia Highway No. 21 to a point where the eastern right of way line of Georgia Highway No. 21 intersects the southern right of way line of Bourne Avenue; thence running in a southeastwardly direction along the eastern right of way line of Georgia Highway No. 21 to the point at which the eastern right of way line of Georgia Highway No. 21 intersects the southern right of way line of Pipemakers Canal; thence in an easterly direction along the southern right of way line of Pipemakers Canal to a point at which the southern right of way line of Pipemakers Canal intersects the western right of way line of U. S. Highway No. 17; running thence generally northwardly along the western right of way line of U. S. Highway No. 17 to a point at which the western line of the right of way of U. S. Highway No. 17 meets the present corporate limits of the City of Port Wentworth; thence running eastwardly and across U. S. Highway No. 17 along the southern corporate limits of the City of Port Wentworth to the eastern right of way line of U. S. Highway No. 17; thence southerly along the eastern right of way line of U. S. Highway No. 17 to a point at which the western right of way line of U. S. Highway No. 17 intersects the southern right of way line of the Pipemakers Canal, being the point of beginning;

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3219

for a more complete description, reference is hereby make to a plat prepared by Hussey, Gay & Bell, C. E., dated February 19, 1973, entitled "Corporate Limits of Garden City, Georgia", and recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Plat Record Book W, Folio 169, and which by reference thereto is made a part hereof.

The current boundaries of Garden City, at all times, shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the Clerk of Council and to be designated, as the case may be: "Map (or Description) of the Corporate Limits of Garden City, Georgia." Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description. Such entries or additions shall be made by and under the direction of the Mayor. Photographic, typed, or other copies of such map or description certified by the Clerk of Council shall be admitted in evidence in all courts and shall have the same force and effect as the original map or description.

(b) The Mayor and Councilmen may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.

Section 1.12. Powers Defined, (a) The government of Garden City shall have all rights, powers, privileges and authority herein conferred or herein enlarged, and such other powers as may be necessary or desirable including all rights, powers, privileges and authority whether expressed or implied that may now or hereafter be granted to municipal corporations by the Constitution of Georgia and laws of this State.

(b) The rights, powers, privileges and authority heretofore enjoyed, herein retained or herein claimed shall subsist, notwithstanding the repeal of any law, until any such right, power, privilege or authority be altered or taken away by amendment to this Charter.

(c) The City in addition to the rights, powers, privileges and authority expressly conferred upon it by this Charter, shall have the right, power, privilege and authority to exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or de sirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of said govern ment and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its local affairs, property and government, which are necessary or proper in the legitimate exercise of its corporate powers and governmental functions.

(d) No enumeration of any right, power, privilege or authority hereinafter made, and no repeal of any law under which the govern ment derives any rights, power, privilege or authority, shall be con strued as limiting or abolishing any right, power, privilege or authority hereinabove set forth.

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(e) The corporate powers of the government of Garden City, to be exercised by the Mayor and Councilmen, shall, without limiting the foregoing, include the following:
(1) To levy and to provide for the assessment, valuation, re valuation, and collection of taxes on property as provided herein:
(2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions, and to provide for the manner and method of payment of such licenses and taxes;
(3) To make appropriations for the support of the government of the City, to authorize the expenditure of money for any purpose authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City;
(4) To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this Char ter or the laws of the State of Georgia;
(5) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City;
(6) To accept or refuse gifts, donations, requests or grants from 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;
(7) To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the Mayor and Councilmen, under Title 36 of the Code of Georgia of 1933, as now or hereafter amended, or under other applicable Public Acts as are or may be enacted;
(8) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, elec tric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such rem edies shall be enforced;
(9) To grant franchises or make contracts for public utilities and public services, not to exceed periods of twenty (20) years; to prescribe the rates, fares, regulations and standards and condi tions 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;

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(10) To layout, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb gutter, adorn with shade trees, otherwise improve, maintain repair, clean, prevent erosion of, and light roads, alleys, and walkways with in the corporate limits of the City;

(11) To grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities;

(12) To provide for the acquisition, construction, building, oper ation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, pub lic buildings, libraries, sewers, drains, sewerage treatment, air ports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, 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 Title 36 of the Code of Georgia of 1933 as now or hereafter amended, or other applicable Public Acts, as are or may be enacted;

(13) To require real 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 penal ties to be imposed for failure to do so;

(14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license all building trades, and to license the construction and erection of buildings and all other structures;

(15) To provide for the prevention and punishment of drunken ness, riots, and public disturbances;

(16) 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 per sons or property;

(17) To regulate and control the conduct of peddlers, and the itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise;

(18) To license, tax, regulate, or prohibit professional fortune telling or palmistry;

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(19) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, build ings and any and all other structures or obstructions upon or ad jacent 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;

(20) To prescribe standards of health and sanitation and to provide for the enforcement of such standards;

(21) 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;

(22) 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 penal ties and punishment for violation thereof;

(23) 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;

(24) To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage rubbish and refuse by others; and to provide for the separ ate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items;

(25) 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;

(26) To levy a fee, charge or sewer tax as necessary to as sure the acquiring, constructing, equipping, operating, maintain ing and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service 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;

(27) To charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system;

(28) 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 in-

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habitants of the City and to provide for the enforcement of such standards;

(29) To define a nuisance and provide for its abatement whether on public or private property;

(30) To provide for the preservation and protection of proper ty and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof;

(31) 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 the inhabi tants of the City and to provide for the enforcement of such standards;

(32) To provide that persons given jail sentences in the Re corder's Court shall work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to the City Jail or any county cor rectional institution or jail by agreement with the appropriate county officials;

(33) 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 con stituting an offense against the laws of this State, is deemed by the Mayor and Councilmen to be detrimental and offensive to the peace and good order of the City or to the welfare of the citizens thereof;

(34) 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, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or human destruction, when not redeemed as provided by ordinances; to provide punish ment for violation of any ordinance enacted hereunder;

(35) 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;

(36) To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regu late and rent parking spaces in public ways for the use of such vehicles;

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(37) To provide and maintain a system of pensions and retire ment for officers and employees of the City;

(38) To levy and provide for the collection of special assess ments against abutting property for paving, curbing, and guttering
streets, paving sidewalks, installing drainage systems and any other public improvements;

(39) To enter into contracts and agreements with other gov
ernmental entities and with private persons, firms and corpora tions providing for services to be furnished and payments to be made therefor;

(40) To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer upon such agen cies the necessary and appropriate authority for carrying out all
the powers conferred upon or delegated to same;

(41) 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;

(42) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter and the laws of
the State of Georgia;

(43) To exercise the power of arrest through duly appointed policemen;

(44) To establish procedures for determining and proclaiming 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.

Section 1.13. Construction. The powers of the City shall be con strued liberally and in favor of the City. The specific mention or fail ure to mention particular powers in this Charter shall not be construed as limiting in any way the general power of the City as stated in this Charter. It is the intention hereof to grant the City full power and right to exercise all governmental authority necessary for the effective operation and conduct of the City and all of its affairs.

Section 1.14. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or em ployees shall be carried into execution as provided by this Charter. If this Charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the Mayor and Councilmen and as provided by per tinent laws of the State of Georgia.

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Section 1.15. Ordinances. All ordinances, by laws, rules and regu lations now in force in the City not inconsistent with this Charter, are
hereby declared valid and of full effect and force until amended or repealed by the Mayor and Councilmen.

ARTICLE II. LEGISLATIVE BRANCH

Chapter 1. Governing Body

Section 2.10. Creation; Composition; Number; Election. The legis lative authority of the government of Garden City except as other wise specifically provided in this Charter, shall be vested in a City Council to be composed of a Mayor and seven (7) Councilmen. The Mayor and Councilmen shall be elected in the manner provided by Article V of this Charter.

Section 2.11. Term and Qualifications of Office. The members of the Council shall serve for terms of two (2) years and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or Councilman unless he shall have been a resident of the City for a period of one (1) year immediately prior to the date of the elec tion of Mayor or member of the Council; shall continue to reside there in during his period of service; and shall be registered and qualified to vote in municipal elections of Garden City; and unless he shall meet the qualifications required of members of the Georgia House of Representa tives, as are now or may in the future be prescribed by the Georgia Constitution.

Section 2.12. Vacancy; Forfeiture of Office; Pilling of Vacancies, (a) Vacancies--The office of Mayor or Councilman shall become va cant upon the incumbent's death, resignation, forfeiture or office or removal from office in any manner authorized by this Charter or the laws of the State of Georgia.

(b) Forfeiture of Office--The Mayor or any Councilman shall for feit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this Charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this Charter; or (3) is convicted of a crime in volving moral turpitude.

(c) Filling of Vacancies--A vacancy in the office of Mayor or Councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V.

Section 2.13. Expenses. The Mayor and Councilmen shall be en titled to receive their actual and necessary expenses incurred in the per formance of their duties of office.

Section 2.14. Prohibitions, (a) Holding other office--Except as authorized by law, no member of the Council shall hold any other elec tive City office or City employment during the term for which he was elected.

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(b) Voting When Personally Interested--Neither the Mayor nor any other member of the Council shall vote upon any question in which he is personally interested.
Section 2.15. Inquiries and Investigations. The Council may make inquiries and investigations into the affairs of the City and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be punished as provided by ordinance.
Section 2.16. General Power and Authority of the Council, (a) Except as otherwise provided by law or by this Charter, the Council shall be vested with all the powers of government of Garden City as provided by Article I.
(b) In addition to all other powers conferred upon it by law, the Council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this Charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expendient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of Garden City and may enforce such ordinances by imposing penalties for the violation thereof.
(c) The Council may by ordinance create, change, alter, abolish, or consolidate offices, agencies and departments, of the City and may assign additional functions to any of the offices, agencies, and depart ments expressly provided for by this Charter.

Chapter 2. Organization and Procedures
Section 2.20. Organization, (a) On the second Thursday following each regular City election, the Council shall hold a special meeting at which the oath of office shall be administered to the Mayor and Councilmen as follows:
"I do solemnly swear (or affirm) that I will well and truly perform the duties of (Mayor or Councilman as the case may be) of the City and that I will support and defend the Charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
(b) The Council shall meet for organization at its first regular meeting next following each regular City election. The Council by majority vote of all the members thereof shall elect one of their number to be Mayor Pro Tern., who shall serve for a term of two (2) years and until his successor is elected and qualified
(c) The Council shall appoint a Clerk of Council to keep a journal of its proceedings and to maintain in a safe place of all records and

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documents pertaining to the affairs of the City, and to perform such other duties as may be required by law or as the Council may direct.

(d) The Council may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this Charter and the ordinances of the City consistent therewith. The tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale or fore closure of taxes by municipalities.

(e) The Council may appoint a City Accountant to perform the duties of an accountant.

Section 2.21. Regular and Special Meetings, (a) The Council shall hold regular meetings at such times and places as prescribed by or dinance. The Council may recess any regular meeting and continue such meeting on any weekday or hour it may fix, and may transact any busi ness at such continued meeting that may be transacted at any regular meeting.

(b) Special meetings of the Council mey be held on call of the Mayor or three (3) members of the Council. Notice of such special meetings shall be served on all other members personally, or by telephone per sonally, or shall be left at their residence at least twenty-four (24) hours in advance of the meeting. Such notice shall not be required if the Mayor and all Councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting.

(c) All meetings of the Council shall be public, except where other wise provided by law.

Section 2.22. Rules of Procedure. The Council shall adopt its rules of procedure and order of business consistent with the provisions of this Charter and shall provide for keeping a journal of its proceedings, which shall be a public record.

Section 2.23. Quorum; Voting. The Mayor and 4 Councilmen, or 5 Councilmen shall constitute a quorum and shall be authorized to transact business of the Council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal; but any member of the Council shall have the right to re quest a roll call vote. A majority vote of the quorum shall be required for the adoption of any ordinance, resolution, or motion. The Mayor may vote in the event of a tie vote.

Section 2.24. Action Requiring an Ordinance, (a) Except as herein provided, every official action of the Council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be in-

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troduced in writing and in the form required for final adoption. No or dinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of Garden City hereby or dains. . . ."

(b) An ordinance may be introduced by any member of the Coun cil and read at a regular or special meeting of the Council. Ordinances shall be considered and adopted or rejected by the Council in accordance with the rules which it shall establish; provided, however, ordinances shall not be adopted until the next regular meeting of the Council fol lowing the meeting of their initial introduction, except ordinances may be adopted at the first meeting where they are originally introduced upon the affirmative vote of all Councilmen present. The Clerk shall read the heading of the ordinance, shall distribute a copy to the Mayor, and shall file a copy in the office of the Clerk.

Section 2.25. Codes of Technical Regulations, (a) The Council may
adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally
except that (1) the requirements of Section 2.24 for distribution and filing of copies of the ordinance shall be construed to include copies of
any code of technical regulations, as well as the adopting ordinance; and
(2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the Clerk pursuant to Section 2.27.

(b) Copies of any adopted code of technical regulations shall be made available by the Clerk for distribution or for purchase at a reason
able price.

Section 2.26. Submission of Ordinances to the Mayor, (a) Every ordinance adopted by the Council shall be presented promptly by the
Clerk to the Mayor.

(b) The Mayor, within ten (10) calendar days of receipt of an ordinance, shall return it to the Clerk with or without his approval, or
with his disapproval. If the ordinance has been approved by the Mayor, it shall become law upon its return to the Clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock
noon on the tenth (10th) calendar day after its adoption; if the or dinance is disapproved, the Mayor shall submit to the Council through
the Clerk a written statement of his reasons for his veto. The Clerk shall record upon the ordinance the date of its delivery to and receipt
from the Mayor.

(c) Ordinances vetoed by the Mayor shall be presented by the Clerk to the Council at its next regular meeting and should the Council then or at its next regular meeting adopt the ordinance by an affirmative vote of five (5) members, it shall become law.

(d) The Mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or

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parts disapproved shall not become law unless subsequently passed by the City Council over the Mayor's veto as provided herein.

Section 2.27. Signing; Authenticating, (a) The Clerk shall authen ticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the Council. Every or dinance shall be signed by the Mayor as a matter of course after final adoption.

(b) The Council shall cause the general and permanent ordinances and the amendments to this Charter to be printed periodically, and the printed ordinances and Charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the Council. Following publication of the first Code of Garden City and at all times thereafter, the ordinances and Charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for incorporation therein. The Council shall make such further arrangements as deemed desirable with respect to repro duction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code.

ARTICLE III. EXECUTIVE BRANCH

Chapter 1. Mayor

Section 3.10. Chief Executive Office. The Mayor shall be the chief executive of Garden City. He shall possess, have, and exercise all of the executive and administrative powers granted to the City under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this Charter.

Section 3.11. Term; Qualifications; Compensation. The Mayor shall be elected for a term of two (2) years and until his successor is elected and qualified. He shall be a qualified elector of Garden City; shall meet the qualifications required of members of the Georgia House of Repre sentatives as are now or may in the future be prescribed by the Georgia Constitution; and shall have been a resident of Garden City for a period of one (1) year immediately preceding his election. He shall continue to reside in Garden City during the period of his service. In addition to the Mayor's actual and necessary expenses incurred in the performance of his duties of office as provided in Section 2.13, the Mayor shall be en titled to be reimbursed for any actual time lost from his regular employ ment while performing his official duties as Mayor sucject to such re imbursement being at the same rate of compensation received in his regular employment and further subject to such reimbursement being approved at a regular Council Meeting by four affirmative votes of the
Councilmen present.

Section 3.12. Powers and Duties, (a) As the chief executive of Garden City, the Mayor shall:

(1) see that all laws and ordinances of the City are faithfully executed;

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(2) appoint and remove all officers, department heads, and employees of the City except as otherwise provided in this Charter;

(3) exercise supervision over all executive and administrative work of the City and provide for the coordination of administrative activities;

(4) prepare and submit to the Council a recommended annual operating budget and recommended capital budget;

(5) submit to the Council at least once a year a statement cover ing the financial and general conditions of the City and from time to time such other information as the Council may request;

(6) recommend to the Council such measures relative to the af fairs of the City, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;

(7) call special meetings of the Council as provided for in Sec tion 2.21;

(8) approve or disapprove ordinances as provided in Section 2.27;

(9) examine and audit all accounts of the City before payment;

(10) require any department, agency or officer of the City to submit written reports on the duties thereof whenever he deems it expedient;

(11) appoint and be an ex officio member of all standing com mittees and special committees of the City Council;

(12) preside at all meetings of the City Council;

(13) see that all meetings are conducted in a parliamentary manner, and shall preserve order and decorum in such meetings;

(14) see that all funds of the City are properly accounted for and that all revenues are properly and promptly collected;

(15) inspect or cause to be inspected the records and books of account of the officers of the City and shall see that they are proper ly and correctly kept;

(16) see that order is maintained in the City and that its property and effects are preserved;

(17) perform such other duties as may be required by law, this Charter or ordinance.
(b) The said Mayor shall have authority to:

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3231

(1) Inflict punishment upon any person guilty of contempt of the Council by imposing such sentence or penalty as may be au thorized by the ordinances of the City;

(2) Bind the City by signing any contract, obligation or other matter entered into and authorized by ordinance or resolution of the Council, properly passed in accordance with the provisions of this Charter;

(3) Do acts and things as may be proper and necessary in the proper conduct of the affairs of the City and as may hereafter authorized.

Section 3.14. Mayor Pro Tern. During the absence or disability of the Mayor for any cause, the Mayor Pro Tern., or in his absence or disability for any reason, any one of the Councilmen chosen by the Coun cil, shall be clothed with all the rights and privileges of the Mayor and shall perform the duties of the office of the Mayor so long as such ab sence or disability shall continue.

Chapter 2. Organization and General Provisions

Section 3.20. Administrative and Services Departments, (a) The Council may establish, abolish, merge, or consolidate offices, positions of employment, departments and agencies of the City, as they shall deem necessary for the proper administration of the affairs and gov ernment of the City. The Council shall prescribe the functions and duties of existing departments, offices, and agencies or of any depart ments, offices and agencies hereafter created or established; may pro vide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the City.

(b) The operations and responsibilities of each department now or hereafter established in the City shall be distributed among such di visions or bureaus as may be provided by the Council. Each depart ment shall consist of such officers, employees, and positions as may be provided by this Charter or by ordinance consistent therewith, and shall be subject to the general supervision and guidance of the Mayor and Council.

(c) Except as otherwise provided by this Charter, the directors of departments and other appointed officers of the City shall serve at the pleasure of the appointing authority. Vacancies occurring in an ap pointive office shall be filled in the same manner as prescribed by this Charter for an original appointment.

(d) Except as otherwise provided by law, the directors of depart ments and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifi cations.
(e) All appointive officers and directors of departments shall re ceive such compensation as prescribed by the City Council.

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Section 3.21. Boards, Commissions and Authorities, (a) All mem bers of boards, commissions and authorities of the City shall be ap pointed by the Council in such manner and for such terms of office as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this Charter or by applicable State law.

(b) No member of any board, commission or authority of the City shall hold any elective office in the City.

(c) Any vacancy in office or any member of a board, commission, or authority of the City shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise
provided by this Charter or any applicable State law.

(d) No member of any board, commission or authority shall assume office until he shall have executed and filed with the Clerk of Council an oath obligating himself to faithfully and impartially perform the
duties of his office, such oath to be administered by the Mayor.

(e) Any member of a board, commission or authority may be re moved from office for cause by a vote of four (4) members of the Council.

(f) Members of boards, commissions and authorities may receive expenses in the performance of their official duties as approved by the Council.

(g) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance.

(h) Except as otherwise provided by this Charter or by applicable State law, each board, commission and authority of the City govern ment shall elect one of its members as chairman and one member as vice chairman for terms of one (1) year and may elect as its secretary one of its own members or may appoint as secretary an employee of the City. Each board, commission, or authority of the City government may establish such bylaws, rules and regulations, not inconsistent with this Charter, ordinances of the City, 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.

Section 3.22. City Attorney. The Council shall appoint a City At torney, together with such assistance city attorneys as may be au thorized by ordinance, and shall provide for the payment of such at
torney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litiga
tion in which the City is a party; may be the judge in the Recorder's Court; and shall attend the meetings of the Council as directed; shall advise the Council, Mayor, and other officers and employees of the City
concerning legal aspects of the City's affairs; and shall perform such other duties as may be required of him by virtue of his position as City Attorney.

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Section 3.23. Consolidation of Functions. The Council may con solidate any two or more of the positions of Clerk of Council, City Tax
Collector, and City Accountant, or any other positions or may assign the
functions of any one or more of such positions to the holder or holders of any other positions.

Chapter 3. Personnel Administration
Section 3.30. Personnel Policies. The Council shall adopt rules and regulations consistent with this Charter concerning personnel poli cies as may be necessary to provide for adequate and systematic handling of the personnel affairs of Garden City.

ARTICLE IV. RECORDER'S COURT
Section 4.10. Continuation. The Recorder's Court of Garden City shall continue as said Court and shall have jurisdiction and authority to try offenses against the laws and ordinances of the City and to punish for a violation of the same. Such Court shall have the power and authority to enforce its judgments by the imposition of of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or ma terial in any proceeding before said Court, to go or move beyond the reach of the process of the Court; to try all offenses within the terri torial limits of the City constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said Court shall be presided over by the Recorder. In the absence of disqualification of the Recorder, the Recorder Pro Tern shall preside and shall exercise the same powers and duties as the Recorder when so acting. Should both the Recorder and Recorder Pro Tern become disqualified, then the Council may designate any member of the State Bar of Georgia to preside with the same powers and duties as the Recorder when so acting.

Section 4.11. Recorder; Recorder Pro Tern, (a) The Council shall appoint a Recorder and a Recorder Pro Tern at its organization meeting to serve for terms of two (2) years and until their successors are elected
and qualified. The Mayor may be the Recorder Pro Tern. The Council shall fix the compensation of the Recorder and the Recorder Pro Tern.

(b) The Recorder Pro Tern shall serve in the absence or disability of the Recorder.

(c) Before entering on the duties of their offices, the Recorder and
Recorder Pro Tern shall take an oath before an officer duly authorized to administer oaths in this State, that they will truly, honestly and faithfully discharge the duties of their offices to the best of their ability
without fear, favor, or partiality. The oath shall be entered upon the minutes of the Council.

Section 4.12. Convening. Said Court shall be convened at such

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times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.

Section 4.13. Jurisdiction; Powers, (a) The Recorder's Court shall try and punish for crimes against Garden City and for violation of its ordinances. The Recorder's Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $50.00 or 10 days in jail. The Recorder's Court may fix punish ment for offenses within its jurisdiction not exceeding a fine of $500 or imprisonment for 90 days or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 90 days. Persons sentenced to imprison ment may be taken to a confinement or correctional facility of either Garden City or Chatham County.

(b) The Recorder's Court shall have authority to establish a sched ule of fees to defray the cost of operation and shall be entitled to reim bursement of the cost of meals, transportation and caretaking of prison ers bound over to superior courts for violations of State law.

(c) The Recorder's Court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said Court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the Recorder presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the Recorder declared forfeited to Garden City, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same ex tent as a lien for city property taxes.

(d) The Recorder's Court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated.

(e) The Recorder's Couit shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said Court.
(f) The Recorder's Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this Charter or by State law.
(g) The Recorder's Court is specifically vested with all the juris diction and powers throughout the entire area of Garden City granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances.

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Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Chatham County from the Recorder's Court shall lie in the same manner and under the same procedure as generally prescribed for ap peals and appeal bonds from the Court of Ordinary. Provided that any person who fails to file his appeal within 10 days of the date of his conviction shall be deemed to have waived any such right. An appeal to the Superior Court shall be a de novo proceeding.

Section 4.15. Rules for Court. With the approval of the Council, the Recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Recorder's Court; provided, however, that the Council may adopt in whole or in part the rules and regulations relative to the procedure of the operation of the Superior Court under the general laws of the State of Georgia. The rules and regulations made or adopted for said Court shall be filed with the Clerk of Council, shall be available for public inspection, and, upon request, a copy shall be fur nished to all defendants in Recorder's Court proceedings at least 48 hours prior to said proceedings.

Section 4.16. Powers. The Mayor, Recorder, and Recorder Pro Tem shall have ex officio the powers of a justice of the peace to issue war rants for the violation of criminal laws of the State committed in Garden City, to commit offenders on examination to jail or to bail them in the case of a bailable offense to appear before the court having jurisdic tion, or to exercise any other power or authority of a justice of the peace as provided by law.

ARTICLE V. ELECTIONS
Section 5.10. Applicability of General Laws. The procedures and requirements for election of all elected officials of Garden City as to primary, special or general elections shall be in conformity with the pro visions of the Georgia Municipal Election Code, approved April 4, 1968 (Ga. Laws 1968, p. 885), as now or hereafter amended.
Section 5.11. Qualifying; Nomination and Election of Candidates; Absentee Ballots. The Council may, by ordinance, prescribe rules and regulations consistent with law governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, purg ing of registration lists, and such other rules and regulations as may be necessary for the conduct of elections in Garden City. The candidate for Mayor receiving the highest number of votes shall be deemed elected Mayor, and the seven (7) candidates receiving the highest number of votes for Councilmen shall be deemed elected Councilmen.
Section 5.12. Regular Elections; Time for Holding. A Mayor and seven Councilmen shall be elected on the first Monday in December, 1973, and on said date biennially thereafter. Their terms of office shall begin at the day and hour of taking the oath of office as provided in Section 2.20 of this Charter.
Section 5.13. Vacancies. In the event that the office of Mayor or

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Councilman shall become vacant for any cause whatsoever, said vacancy in office shall be filled by appointment by the remaining members of the
Council.

Section 5.14. Registration of Electors, (a) The Council may elect either to maintain its own registration or to provide for the registration
of electors by resolution, or other appropriate measure, stating that any person who is a resident of the City and who is registered as an elector with the board of registrars of the county, and meets the municipal resi
dency requirement, shall be eligible to vote in a primary or election.

(b) In the event the Council does not elect to maintain its own registration, it may nevertheless appoint registrars as provided by law whose duties shall include the purging of the City's list of electors under the provisions of the Georgia Municipal Election Code.

(c) No person shall vote in any Garden City primary or election unless he shall be a registered voter, qualified to vote in Chatham County elections, and qualified as required by law to vote in municipal elections in Garden City.

ARTICLE VI. FINANCE AND FISCAL

Chapter 1. Taxation
Section 6.10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by Garden City. The Council shall use the county assessment for the year in which the City taxes are to be levied and shall request the county to furnish appropriate informa tion for such purpose.

Section 6.11. Tax Levy. The Council shall be authorized to levy an ad valorem tax on all taxable real and personal property within the
corporate limits of the City for the purpose of raising revenues to defray the costs of operating the City government, providing governmental services, and for any other public purpose as determined by the Council
in its discretion. The Council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. Garden City is hereby exempted from the provisions of Georgia Code Section 92-4101 through 92-4104 inclusive.

Section 6.12. Tax Due Dates and Tax Bills. The Council shall pro
vide by ordinance when the taxes of the City shall fall due and in what length of time said taxes may be paid and shall provide by ordinance for the payment of taxes due to the City in installments, or in one lump sum,
and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the voluntary payment of taxes prior to the time when due.

Section 6.13. Collection of Delinquent Taxes. The Council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the Clerk of Council or Tax Collector and executed by any police officer of the City under the same procedure provided by the laws

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governing execution of such process from the Superior Court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which City Property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of Federal, State or county taxes. In cases of hardship, the Council shall have dis cretionary authority to waive any and all penalties imposed by this Charter on delinquent taxes, fees, assessments, or on other amounts due to the City.

Section 6.14. Licenses; Occupational Taxes; Excise Taxes. The Council by ordinance shall have full power to levy such license and speci fic occupation taxes upon the residents of Garden City, both individual and corporate, and upon all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the Council may deem expedient for the public health, safety, benefit, convenience or advantage of the City; to clas sify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; to enact ordinances and regulations neces sary or proper to carry out the powers herein conferred; and to pre scribe penalties for the violation thereof. The Council shall have full power and authority to levy an excise tax not prohibited by general law.

Section 6.15. Sewer Service Charges. The Council by ordinance shall have the right, power and authority to assess and collect fees, charges and tolls for sewer services rendered both within and without the corporate limits of Garden City and to provide for the cost and ex pense of providing for the collection and disposal of sewage through the sewerage facilities of said City. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for City property taxes.

Section 6.16. Sanitary and Health Services Charge. The Council shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services necessary in the oper ation of the City from all individuals, firms and corporations residing in or doing business in said City benefiting from such service. Such au thority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classification of property and sani tary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens except liens for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for City property taxes.

Section 6.17. Special Assessments. The Council shall have power and authority to assess all or part of the cost of constructing, recon structing, widening, paving, or otherwise improving any public way,

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street, sidewalk, curbing, gutters, sewers, other utility mains and appur tenances, or other public improvements against the abutting property owners, under such terms and conditions as may be prescribed by or dinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this Article for City property taxes.
Section 6.18. Transfer of Executions. The Clerk of Council shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and tarnsfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether asigned, transferred or executed by the City, the owner of such property, in fee simple or lesser interest, shall not loose his right to redeem the property in accord with the requirements of redemption of property sold under State or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter pro vided by law.
Section 6.19. Referendum. Notwithstanding any other provision of this Charter, the ad valorem tax levied for the purpose of raising revenues to defray the costs of operating the City government, providing governmental services, or for any other public purpose shall not be greater than two (2) mills unless a higher annual tax levy shall be approved by a referendum of the qualified voters of the City.

Chapter 2. Indebtedness
Section 6.20. General Obligation Bonds. The Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this Charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.
Section 6.21. Revenue Bonds. Revenue bonds may be issued by the Council as provided by an Act of the General Assembly of Georgia, ap proved March 31, 1937 known as the Revenue Bond Law (Ga. Laws 1937, p. 761) as now or hereafter amended, or by any other Georgia law as now or hereafter provided.
Section 6.22. Short Term Notes. Pursuant to applicable State law, the City may obtain temporary loans between January 1 and December 31 of each year.

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Chapter 3. Accounting and Budgeting

Section 6.30. Fiscal Year. The Council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each office, department or in stitution, agency and activity of the City government, unless otherwise provided by State or Federal law.

Section 6.31. Submission of Operating Budget to City Council. On or before a date fixed by the Council but not later than thirty (30) days prior to the beginning of each fiscal year, the Mayor shall submit to the Council a proposed operating budget for the ensuing fiscal year. The operating budget hereinafter provided for and all supporting docu ments shall be filed in the office of the Clerk of Council and shall be open to public inspection.

Section 6.32. Action by Council on Budget, (a) The Council may amend the operating budget proposed by the Mayor; except, that the budget as finally amended and adopted must provide for all expendi tures required by law or by other provisions of this Charter and for all debt service requirements for the ensuing fiscal year.

(b) The Council shall adopt the final operating budget for the en suing fiscal year not later than seven (7) days prior to the beginning thereof. If the Council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the Council adopts a budget for the ensuing fiscal year.

Section 6.33. Property Tax Levies. As the next order of business following adoption of the operating budget, the Council shall levy by ordinance an annual tax on all real and personal property within Garden City. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be suf ficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defray ing the expenses of the general government of Garden City.

Section 6.34. Additional Appropriations. The Council may make appropriations in addition to those contained in the current operating budget, at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies.

Chapter 4. Procurement and Property Management
Section 6.40. Contracting Procedures. All contracts shall be made or authorized by the Council, and no contracts shall bind the City unless reduced to writing and approved by the Council.
Section 6.41. Centralized Purchasing, (a) The Council shall by

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ordinance prescribe procedures for a system of centralized purchasing for Garden City.

(b) The Council may sell and convey any real or personal property owned or held by Garden City for governmental or other purposes, at a public or private sale, with or without advertisement, for such considera tion as it shall deem equitable and just for the City.

ARTICLE VII. MUNICIPAL SERVICES AND REGULATORY FUNCTIONS
Section 7.10. Streets. The Council is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon, and otherwise to exercise complete control over the streets, alleys, squares and sidewalks of Garden City. The Council shall provide for the removal of any and all obstacles and nuisances in regard to streets, alleys or sidewalks or other public places within the City and shall adopt appropriate ordinances to accomplish this purpose.

Section 7.11. Municial Utilities. The Council shall have the power and authority to acquire, own, hold, build, maintain and operate a system of waterworks, electric lights, sewerage, and gas distribution; to establish rates and charge fees for services rendered in any of said systems; to finance any of said systems through appropirate bond issues in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both within and without the corporate limits; and to contract to furnish the services of any of said systems to consumers outside the corporate limits of Garden City.

Section 7.12. Sewers and Drains. The Council shall have the power and authority to provide for the establishment, extension, and main tenance of a system of sewers and drains, together with a sewerage dis posal system. This power includes the authority to extend said system beyond the corporate limits. For these purposes the City is granted the power of eminent domain both within and without its corporate limits. The Council may provide by ordinance for reasonable connection fees for tapping on to the water and sewer lines of said City, and may compel citizens to tap into the same when such service is made available. They may cause said connection to be made when the owners refuse, and issue executions to be made for the amount so expended, which execu tion shall create a lien on the property connected with said water and sewerage systems from the date of the order or connection.

Section 7.13. Right-of-Way. The City shall have the right, ease ment and franchise of laying the necessary mains, pipes, conduits and drains, for waterworks and sewerage system purposes along the high ways in Chatham County without cost; it shall have full power and authority to enact and enforce such rules and regulations and ordinances as may be necessary to protect the water basin and watershed, from which the water supply is taken, from contamination and to protect said waterworks and sewerage system, including the mains, pipes, and conduits whether the same be situated within or without the corporate limits of said City.

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Section 7.14. Power to Regulate and License. The Council shall have the power and authority to provide by ordinance for the registra tion and licensing of any trade, business, occupation, vocation, profes sion or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of Garden City, regardless whether or not the sub ject has an office or establishment within said City. The Council shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this authority is subject to the Constitu tions and laws of the United States and the State of Georgia. This power is conferred for the purpose of regulation under the police powers of the City and for the purpose of raising revenue for the operation of the City government through the imposition of a tax or fee on the privilege of operating within the City. This authority extends over individuals, part nerships, associations, corporations, and their grants, and any other legal entity capable of transacting business.

Section 7.15. Franchises. The Council shall have authority to exer cise control over the use of streets of Garden City. The power is hereby conferred upon the Council to grant franchises for the use of said City's streets and alleys, for the purpose of railroads, street railways, telephone companies, electric companies, gas companies, and transportation com panies. This franchise right extends to, but is not limited to, the erec tion of poles, stringing of wires, laying of pipes, lines or conduits both above and below the ground surface. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or non-exclusive, and the consideration of such franchises; provided, how ever, that no franchise shall be granted for a period in excess of twenty (20) years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the Clerk of Council in the registration book to be kept by him. The Council may provide by or dinance for the registration within a reasonable time of all franchises previously granted.

Section 7.16. Building, Housing, Electrical, and Plumbing Regula tions. The Council shall have the power and authority to enact such reasonable rules and regulations as it may deem necessary or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing, and electrical wiring and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discre tion of the Council, be exercised by adoption of any such standard building, housing, gas, heating and air-conditioning, electrical, and plumbing codes as may be deemed appropriate. The Council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted, and to charge reasonable fees for inspections and permits; and may require the obtaining of a permit as a condition prece dent to any construction, building, electrical work or plumbing work. The Council may enact all ordinances necessary to enforce such rules and regulations.

ARTICLE VIII. GENERAL PROVISIONS Section 8.10. Official Bonds. The officers and employees of Garden

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City, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the City Council may from time to time require.

Section 8.11. Existing Ordinances, Rules and Terms of Office. Existing ordinances and resolutions of Garden City not inconsistent
with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended by the Council. Existing rules
and regulations of departments or agencies of Garden City not incon sistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended. Existing terms of office
of elected officials of Garden City shall continue until the first officials
elected under this Charter have taken office.

Section 8.12. Section Captions. The captions to the several sec tions of this Charter are informative only and are not to be considered as a part thereof.

Section 8.13. Penalties. The violation of any provision of this Char ter for which no penalty is specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by fine of not more than $500 dollars or by imprisonment not to exceed 90 days or both such fine and imprisonment.

Section 8.14. Severability. If any Article, section, subsection, para graph, sentence, or part thereof of this Charter shall be held to be in valid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legis lative intent in enacting this Charter that all Articles, sections, sub sections, paragraphs, sentences or parts thereof be enacted separately and independently of one another.

Section 8.15. Effective Date. This Charter shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 8.16. Specific Repealer. An Act approved March 24, 1941 (Ga. Laws 1941, p. 1461), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 3209), an Act approved February 12, 1952 (Ga. Laws 1952, p. 2303), an Act approved February 3, 1955 (Ga. Laws 1955, p. 2014), an Act approved February 7, 1955 (Ga. Laws 1955, p. 2044), an Act approved March 13, 1957 (Ga. Laws 1957, p. 3088), an Act approved February 21, 1958 (Ga. Laws 1958, p. 2243), an Act ap proved March 10, 1959 (Ga. Laws 1959, p. 3014), an Act approved March 17, 1960 (Ga. Laws 1960, p. 2863), an Act approved March 27, 1965 (Ga. Laws 1965, p. 2759), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2965), and by an Act approved April 10, 1969 (Ga. Laws 1969, p. 2584), is hereby repealed in its entirety on the effective date of this Act; provided however, the members of the governing authority of Garden City heretofore elected shall continue to serve as members of the governing authority of said City until the expiration of their terms pf office.

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Section 8.17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Triplett of the lllth moved that the House agree to the Senate substi tute to HB 1184.

On the motion, the ayes were 105, nays 0.

The motion prevailed, and the Senate substitute to HB 1184 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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 Senate amendment was read:
The Senate Committee on Natural Resources and Environmental Quality offers the following amendment:
Amend HB 161 by striking on page 1, lines 20 through 27, beginning with the words "In the event any county",
and,
By striking on page 2, lines 1 through 6 in their entirety,
and,
By substituting on page 1, line 20, after the word "purpose.", the following:
"In the event any county desires forest fire protection, such county shall enter into an agreement with the State Forestry Com mission, and such agreement shall provide for the payment to the Commission of one cent (.01S) per forest acre of privately owned forest land. Forest acres of privately owned land shall be based upon the most recent United States Forest Service Survey for Georgia. Any agreement between a county and the Commission

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providing for a different percentage or amount of payment in existence shall be changed so as to provide for the payment of one (.Oltf) per forest acre. Any county may levy a tax to provide the additional funds required for fire protection under this Act."

Mr. Dorminy of the 115th moved that the House agree to the Senate amend ment to HB 161.

On the motion, the ayes were 148, nays 0.

The motion prevailed and the Senate amendment to HB 161 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 141. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th, and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1973, and ending June 30, 1974.

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

SB 412. By Senators Sephens of the 36th, Smith of the 34th, Johnson of the 38th, and others:
A Bill to change the name of "The Fulton County Airport" to the "Charlie Brown County Airport", to provide that the Board of Commis sioners of Fulton County shall notify all persons, firms and corpora tions utilizing the facilities at the airport of the change of name.

SB 420. By Senator London of the 50th:
A Bill to amend an Act creating a new charter for the City of Blue Ridge, so as to change the maximum ad valorem tax rate which may be levied by the mayor and councilmen of said city.

THURSDAY, MARCH 15, 1973

3245

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 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 beginnnig July 1, 1973, and ending June 30, 1974; and for other purposes.

Mr. Connell of the 80th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 141 and that the Speaker appoint a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate.

The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House, the following members:

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 533. By Messrs. Bostick of the 123rd and Petro of the 46th:
A Bill to be entitled an Act to regulate private employment agencies; and for other purposes.

The following Senate amendment was read:
The Senate Industry & Labor Committee moves to amend HB 533 as follows:
By striking Section 12 in its entirety and substituting in lieu there of a new Section 12 to read as follows:
"Section 12. Contract Forms, (a) All contracts or agreements in contemplation of a permanent employment or placement between the licensee and the applicant must be in writing and this Section does not apply to any agreements that are entered into for the specific purpose of covering employment of less than 10 weeks duration and shall include the following provisions; provided, how ever, that this exact language is not required;

3246

JOURNAL OP THE HOUSE,

(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 that was represented and expected to be permanent and lasts less than ten (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 fails to report for work and is working or has accepted another position, 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 required:

(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.' ".

Mr. Bostick of the 123rd moved that the House agree to the Senate amend ment to HB 533.

On the motion, the ayes were 147, nays 0.

The motion prevailed and the Senate amendment to HB 533 was agreed to.

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

SB 131. By Senator Reynolds of the 48th:
A Bill to be entitled an Act to provide that State employees may be reimbursed by a State agency for transportation of household goods and incident of residence as a result of an action by the department requiring transfer from one part of the State to another; to provide for certain conditions; and for other purposes.

THURSDAY, MARCH 15, 1973

3247

The report of the Committee, which was favorable to the 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 Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Carr Castleberry Chance Cole Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J, E. Dean, N. Dent Dickey
Dollar
Dorminy
Duke
Edwards
Egan
Elliott

Evans Farrar Foster Geisinger Grantham Greer 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, J. R. Jessup Jones Keyton Knight Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Marcus Matthews, C. Matthews, D. R.
Mauldin
McCracken
McDaniell
McKinney
Miles
Milford

Morgan Moyer Mulherin Mullinax Nix Northcutt Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Pinkston Ritchie Roach Rogers Ross Rush Russell, W. D. Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Ware
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

3248

JOUENAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Dixon Fraser

Johnson King

McDonald Russell, J.

Those not voting were Messrs.:

Beckham Bennett Blackshear Brantley, H. L. Busbee Carlisle Carrell Clark Coleman Collins, S. Ellis Ezzard Floyd, J. H. Floyd, L. R.

Gignilliat Grahl Groover Hill, B. L. Hill, G. Jordan Lambert Lane, W. J. Larsen, W. W. Logan Mason Murphy Nessmith Noble

Odom Patten, G. C. Phillips, L. L. Rainey Reaves Sams Savage Smith, J. R. Strickland Townsend Wamble Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 132, nays 6.

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

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, as amended; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton

Bailey Berry Blackshear Bohannon Bond Bostick Brantley, H. H.

Bray Brown, B. D. Buck Burruss Burton Carr Castleberry

Chance Clark Cole Collins, M. Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Egan Elliott Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Horton, G. T. Horton, W. L. Howard

THURSDAY, MARCH 15, 1973

3249

Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. McCracken McDaniell McKinney Miles Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom

Oxford Patten, R. L. Patterson Pearce Peters Petro Ritchie Rogers Ross 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 Ware Wheeler, J. A. Whitmire Williams Wilson, J. M.
Wood

Those voting in the negative were Messrs.:

Dickey Evans

Lee, W. S. Mauldin

Milford Pinkston

Those not voting were Messrs.:

Adams, J. H. Beckham Bennett Berlin Brantley, H. L. Brown, C. Brown, S. P.

Busbee Carlisle Carrell Coleman Coney Dean, Gib Ellis

Ezzard Floyd, J. H. Grahl Groover Hawes Hill, B. L. Hill, G.

3250
Jessup Jordan Larsen, W. W. McDonald Murphy Noble Patten, G. C.

JOUENAL OF THE HOUSE,

Phillips, G. S. Phillips, L. L. Rainey Reaves Roach Savage
Strickland

Townsend Wamble Wheeler, Bobby Willis Wilson, M. L. Mr. Speaker

On the passage of the Bill, the ayes were 133, nays 6.

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

Mr. Coney of the 89th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to SB 206.

SB 308. By Senator Brown of the 47th:
A Bill to be entitled an Act to amend an Act relating to private pas senger automobiles and creating a manufacturer's warranty, so as to change the definition of the term "private passenger automobile"; and for other purposes.

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

On the passage of the Bill, the ayes were 145, nays 0.

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

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; to provide that the safety arm warning devices shall be lowered before the operator may engage the drawbridge to raise it; to provide that the drawbridge shall be completely lowered before permitting traffic onto the drawbridge; to provide that the safety arm warning devices shall be similar to warning devices installed at railroad grade crossings; to provide that it shall be unlawful for the operator to raise a drawbridge if vehicles are located on the bridge; to provide for the erection of warning signs by the State Department of Transportation; to provide for penalties; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 15, 1973

3251

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to provide that the Department of Transporta tion shall erect safety arm warning devices either on or at the foot of any bridge designed with a drawbridge located in this State based upon a traffic engineering and safety study by the Department of Transportation; to provide that the safety arm warning devices shall be lowered before the operator may engage the drawbridge to raise it; to provide that the drawbridge shall be completely lowered before permitting traffic onto the drawbridge; to provide for the design of the safety arm warning devices; to provide for the erection of warning signs by the Department of Transportation; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The Department of Transportation shall erect and main tain safety arm warning devices at locations either on or at the foot of each side of any bridge designed with a drawbridge located in this State based upon a traffic engineering and safety study by the Depart ment of Transportation. The safety arm warning devices may be similar to the safety arm warning devices installed by railroads at grade crossings or other adequate design for such structures. The safety arm devices shall be completely lowered before the operator may engage the drawbridge to raise it. The drawbridge shall be completely lowered before the operator thereof shall raise the safety arm warning devices.

Section 2. The Department of Transportation shall erect signs within one-half mile of any bridge designed with a drawbridge warning motorists of the safety arm warning devices.

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 154, nays 0.

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

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

3252

JOURNAL OF THE HOUSE,

mental retardation, so as to recognize and expressly protect the rights of any person admitted under said Chapter; and for other purposes.

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

On the passage of the Bill, the ayes were 144, nays 0.

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

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 support 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.

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 149, nays 0.

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

SB 66. By Senator Lester of the 23rd:
A Bill to be entitled an Act to amend the "Trial Judges and Solicitors Retirement Fund", 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; 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:

THURSDAY, MARCH 15, 1973

3253

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 Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Burton Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M.
Collins, S.
Coney
Connell
Davis, E. T.
Davis, W.
Dent
Dickey
Dixon
Duke
Edwards
Elliott
Evans
Farrar
Floyd, L. R.
Foster

Fraser Geisinger Grahl Grantham Greer Harden Harrington Harris, J. F. Hays Hill, G. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis
Logan
Lowrey
Matthews, C.
Matthews, D. R.
Mauldin
McCracken
McKinney
Miles
Milford
Moyer
Mulherin
Mullinax
Nessmith
Nix
Noble

Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Shepherd Smith, J. R. Smith, V. BSnow Stephens Strickland Thomason Thompson Toles Triplett Tucker
Turner
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.:

McDaniell

McDonald

3254

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Adams, J. H. Berlin Bond
Brown, B. D. Busbee Colwell Daugherty Dean, Gib Dean, J. E. Dean, N. Dollar Dorminy Egan Ellis

Ezzard Floyd, 3. H. Gignilliat
Groover Hamilton Harris, J. R. Harrison Hawes Hill, B. L. Horton, G. T. Irvin, R. Jordan Lambert

Levitas Marcus Mason
Morgan Murphy Phillips, L. L. Reaves Russell, W. D. Savage Sweat Townsend Twiggs Mr. Speaker

On the passage of the Bill, the ayes were 138, nays 2.

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

SB 252. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend Code Section 59-201, relating to the qualifications of grand jurors, as amended, so as to provide that all elected public officers and officials shall not be eligible to serve as grand jurors; and for other purposes.

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

On the passage of the Bill, the roll call was 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. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Carlisle

Carr Carrell Castleberry 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 Evans Farrar Floyd, L. R. Foster Fraser Geisinger Grahl Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, G. Horton, G. T. Howard HoweU Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones

THURSDAY, MARCH 15, 1973

3255

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 McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patterson Peters Petro

Phillips, G. S. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Shepherd Smith, J. R. 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. MWilson, M. L.
Wood

Those voting in the negative were Messrs.

Grantham Hudson

Patten, R. L.

Thomason

Those not voting were Messrs.:

Adams, J. H. Beckham Bennett Brantley, H. L. Buck Busbee

Chance Collins, M. Elliott Ellis Ezzard Floyd, J. H.

Gignilliat Groover Hawes Hill, B. L. Horton, W. L. Jordan

3256
Larsen, W. W. Murphy Noble Pearce

JOURNAL OF THE HOUSE,

Phillips, L. L. Reaves Russell, W. D.

Savage Townsend Mr. Speaker

On the passage of the Bill, the ayes were 148, nays 4. The Bill, having received the requisite constitutional majority, was passed.

SB 366. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to authorize and require all Departments, Agencies, Institutions, and Boards of the State to establish employee trust accounts for travel expense purposes for use in conjunction with travel expenses incurred in the conduct of official State business; 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 Berry Blackshear Bohannon Bond Bostick
Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.
Brown, S. P. Buck

Burruss
Burton Carlisle Carrell Castleberry Chance Clark Cole
Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W.
Dean, J. E. Dean, N. Dent Dickey Dollar
Dorminy Duke

Edwards
Evans Floyd, L. R. Foster Fraser Geisinger Grahl Grantham
Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison
Hays Hill, B. L. Hill, G. Horton, W. L. Howard
Howell Hudson

Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Keyton King Knight Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McKinney

THURSDAY, MARCH 15, 1973

3257

Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Patten, G. C. Patten, R. L. Patterson Peters Phillips, G. S. Pinkston Rainey Rogers Ross Sams Savage Shanahan Smith, J. R. Smith, V. B Snow

Stephens Strickland Sweat Thomason Thompson
Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wamble Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Carr Colwell Dixon

Irwin, J. R. Larsen, G. K. Oxford

Rush Russell, J. Wall

Those not voting were Messrs.:

Beckham Bennett Busbee Coleman Dean, Gib Egan Elliott Ellis Ezzard Farrar Floyd, J. H. Gignilliat

Groover Hawes Horton, G. T. Jordan Lambert Larsen, W. W. Mason McDaniell McDonald Miles Murphy

Noble Pearce Petro Phillips, L. L. Reaves Ritchie Roach Russell, W. D. Shepherd Wheeler, J. A. Mr. Speaker

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

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

3258

JOUENAL OP THE HOUSE,

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, as amended, so as to redefine injury and personal injury; to change the provisions relative to coverage of employers and employees; 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 151, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
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", as amended, so as to correct printing errors; to change words that are incorrect; 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 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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; and for other purposes.

The following substitute, offered by Mr. Wamble of the 120th, was read and adopted:
A BILL
To be entitled an Act to amend an Act approved April 6, 1972 (Ga. L. 1972, p. 1094, et seq.), relating to the review and appeal of assess ments made by county boards of tax assessors so as to provide for an appeal of the decision of the county board of equalization to the superior

THURSDAY, MARCH 15, 1973

3259

court of the county in which the property lies by either the taxpayer or the board of tax assessors under certain conditions; to provide an effec tive date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act approved April 6, 1972 (Ga. L. 1972, p. 1094, et seq.), relating to the review and appeal of assessments made by county boards of tax assessors is hereby amended by striking para graph (A) of Section 6 of said Act in its entirety and inserting in lieu thereof a new paragraph (A) to read as follows:

"(A) The taxpayer or the county board of tax assessors may appeal to the superior court of the county in which the property lies from the decisions of the county board of equalization."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

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

On the passage of the Bill, by substitute, the ayes were 158, nays 0.

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

SB 332. By Senator McDuffie of the 19th:
A Bill to be entitled an Act to amend Code Section 49-706, relating to payments authorized by ordinaries as custodians of minors' or insane persons' monies, so as to authorize the ordinary to pay funeral and burial expenses of such minors or insane persons; 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 138, nays 0.

3260

JOURNAL OF THE HOUSE,

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

The following Resolutions of the House were read and adopted:

HR 372. By Mr. Busbee of the 114th:
A RESOLUTION
Commending Miss Tina Marie Hopper; and for other purposes.
WHEREAS, Miss Tina Marie Hopper, the nine-year old daughter of Mr. and Mrs. E. Barnett Hopper of Macon, Georgia, is serving as the 1973 State Easter Seal Child; and
WHEREAS, Tina represents thousands of handicapped children and adults who benefit from Easter Seal services and programs; and
WHEREAS, she was one of 300 handicapped Georgians who at tended the Easter Seal Society's summer camping program, Camp Easter Seal; and
WHEREAS, it is only fitting and proper that this beautiful and talented young lady be commended on her achievements and accom plishments.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend Miss Tina Marie Hopper for being chosen as the 1973 State Easter Seal Child and do hereby take great pleasure in welcoming her to the Georgia House of Representatives.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Miss Tina Marie Hopper and to her parents, Mr. and Mrs. E. Barnett Hopper.

HR 373. By Mr. Busbee of the 114th:
A RESOLUTION
Commending Mr. Vince Dooley; and for other purposes.
WHEREAS, Mr. Vince Dooley has become a legend in his own time having compiled an amazingly brilliant coaching record over the brief span of eight years at the University of Georgia; and
WHEREAS, Coach Dooley's eight-year Georgia record is 66-28-4

THURSDAY, MARCH 15, 1973

3261

for a winning percentage of .694, one of the ten best records in the nation for active coaches of major schools; and

WHEREAS, Mr. Dooley has been State Chairman for the Georgia Easter Campaign for the past seven years; and

WHEREAS, in this period of time this campaign has increased from $277,476.00 to $498,670.00; and

WHEREAS, it is only fitting and proper that Mr. Dooley be com mended for his accomplishments and his outstanding contributions to the people of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Mr. Vince Dooley for his outstanding accomplishments and dedicated work as State Chairman for the Georgia Easter Seal Campaign.

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. Vince Dooley.

HR 374. By Mr. Busbee of the 114th:
A RESOLUTION
Welcoming Mr. Ralph Edwards to the State of Georgia; and for other purposes.
WHEREAS, Mr. Ralph Edwards is serving as National Chairman of the 1973 Easter Seal Campaign; and
WHEREAS, he has one of the most impressive careers in show business and his popular show, "This Is Your Life", has been on tele vision since 1952; and
WHEREAS, he has in the works a new half-hour television program series entitled "Television's Good Housekeeping", which should be on the air by mid-season; and
WHEREAS, although he is one of the most prolific producers in radio and television, Mr. Edwards has found time to raise more money for worthy causes than any other broadcasting personality; and
WHEREAS, annually, the Easter Seal Society helps more than 300,000 handicapped men, women and children; and
WHEREAS, upon accepting the Easter Seal Chairmanship, Mr. Edwards said, "It's because Easter Seals benefit so many handicapped people from all walks of life that I'm pleased to serve as National Campaign Chairman."

3262

JOURNAL OF THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby consider it a rare privilege and great honor to welcome Mr. Ralph Edwards to the State of Georgia, and does hereby commend him on his many outstanding contributions to people all across this country.
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. Ralph Edwards.

The Speaker announced the House recessed until 1:45, p.m.
AFTERNOON SESSION
The Speaker called the House to order.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker:
The Senate has disagreed to the House amendment to the following Bill 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 violating 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.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 141. By Messrs. Smith of the 91st, Busbee of the 114th, and Floyd of the 5th and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1973, and ending June 30, 1974.

The President has appointed on the part of the Senate the following Senators: Coggin of the 35th, Holley of the 22nd, and Gillis of the 20th.

THURSDAY, MARCH 15, 1973

3263

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

HB 329. By Mr. Atherton of the 19th:
A Bill 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.

The following Resolution of the House was read and adopted:

HR 375. By Messrs. Wheeler, Mauldin and Milford of the 13th:
A RESOLUTION
Urging the completion of the Richard B. Russell Dam and Reservoir (formerly Trotters Shoals) ; and for other purposes.
WHEREAS, there is a serious shortage of electric power in the Southeast, and the Richard B. Russell Dam and Reservoir (formerly known as Trotters Shoals), which is authorized for construction on the Savannah River, would relieve said shortage and help meet the future power requirements of the area; and
WHEREAS, the generation of electric power by falling water does not cause pollution and has less impact on the environment than any other method of producing electricity; and
WHEREAS, the Richard B. Russell Dam and Reservoir will not displace people in Georgia or South Carolina and will have a minimum effect on the lands required for its completion; and
WHEREAS, if this needed project is expeditiously completed, it will help hold in check the rising cost of electricity and resulting in creases in the cost of living; and
WHEREAS, the completion of the project will offer unmatched opportunities for recreational and economic development in a large area of Georgia and the entire Southeast.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of the Georgia Delegation to the United States Congress are hereby urged to use their influence to secure the appropriation of sufficient funds to proceed as soon as practicable with the construction of the Richard B. Russell Dam and Reservoir on the Savannah River.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap-

3264

JOURNAL OF THE HOUSE,

propriate copy of this Resolution to each member of the Georgia Delega tion to the United States Congress and to Honorable William Jennings Bryan Dorn, member of the United States House of Representatives from South Carolina.

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:

SB 358. By Senators Holloway of the 12th and Riley of the 1st:
A Bill to be entitled an Act to provide for the operation of the Georgia State Financing and Investment Commission created pursuant to an amendment to the Constitution ratified at the general election held on November 7, 1972; to provide for the issuance of public debt by the State; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alien Atherton Bailey Beckham Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burruss Burton
Carlisle Carr Castleberry Cole Coleman Collins, M.

Collins, S. Colwell Coney Connell Daugherty Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Ellis Farrar
Floyd, L. R. Geisinger Gignilliat Grahl Grantham Greer

Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Jones
Keyton Knight Kreeger Lambert Lane, Dick Larsen, G. K.

Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nix Noble

THURSDAY, MARCH 15, 1973

3265

Northcutt
Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Rainey Reaves Ritchie Roach Rogers
Ross Rush Russell, J. Savage Shanahan

Smith, J. R. Snow Strickland Sweat Thompson Toles Triplett Vaughn 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.

King

Russell, W. D.

Those not voting were Messrs.:

Alexander, W. H. Alexander, W. M. Bennett Berlin Berry Blackshear Bond Brantley, H. L. Brown, B. D. Busbee Carrell Chance Clark Davis, E. T. Dean, Gib Dean, J. E. Elliott

Evans Ezzard Floyd, J. H. Poster Fraser Hamilton Hawes Hill, B. L. Hill, G. Horton, G. T. Johnson Jordan Lane, W. J. Levitas Matthews, D. R. McCracken McKinney

Murphy Nessmith Petro Phillips, L. L. Pinkston Sams Shepherd Smith, V. B. Stephens Thomason Townsend Tucker Turner Twiggs Wamble Ware Mr. Speaker

On the passage of the Bill, the ayes were 127, nays 2.

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

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:

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JOURNAL OF THE HOUSE,

SB 14. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 79A-99 so as to change the penalty for possession of one ounce or less of marijuana from imprisonment for a period not to exceed "one year" to imprison ment for a period not to exceed twelve months; and for other purposes.

Mr. Harris of the 51st moved that the House insist on its position in amend ing SB 14, and the motion prevailed.

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

HE 762. By Mr. Castleberry of the 96th:
A Bill to be entitled an Act to amend an Act so as to eliminate the prohibitions against the use of funds of the Town of Lumpkin to provide water and sewer service to certain areas of the City; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating a new charter for the Town of Lumpkin, approved December 18, 1902 (Ga. Laws 1902, p. 489), as amended by an Act approved August 14, 1909 (Ga. Laws 1909, p. 1066), an Act approved August 20, 1923 (Ga. Laws 1923, p. 729), an Act approved August 9, 1929 (Ga. Laws 1929, p. 1159), an Act approved March 7, 1960 (Ga. Laws 1960, p. 2311), an Act approved March 28, 1961 (Ga. Laws 1961, p. 2485), an Act approved April 12, 1963 (Ga. Laws 1963, p. 3433), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 3505), so as to eliminate the prohibitions against the use of funds of the City of Lumpkin to provide water and sewage service, natural gas, paving, or drainage to certain areas of the city; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a new charter for the Town of Lumpkin, approved December 18, 1902 (Ga. Laws 1902, p. 489), as amended by an Act approved August 14, 1909 (Ga. Laws 1909, p. 1066), an Act approved August 20, 1923 (Ga. Laws 1923, p. 729), an Act approved August 9, 1929 (Ga. Laws 1929, p. 1159), an Act approved March 7, 1960 (Ga. Laws 1960, p. 2311), an Act approved March 28, 1961 (Ga. Laws 1961, p. 2485), an Act approved April 12, 1963 (Ga. Laws 1963, p. 3433), and an Act approved April 10, 1971 (Ga. Laws 1971, p.

THURSDAY, MARCH 15, 1973

3267

3505), is hereby amended by striking in its entirety subsection (b) of Section 2(c), which reads as follows:

"(b) In the event the City of Lumpkin provides water and sewage service, natural gas, paving or drainage to the territory brought into the corporate limits of said City pursuant to subsection (a) of this Section, all expenses incurred in providing such water and sewage service, natural gas, paving or drainage for said terri tory shall be paid by the owners of the land within said territory and shall not be paid from funds of the City of Lumpkin."

Section 2. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of the City of Lumpkin to issue the call for an election for the purpose of sub mitting this Act to the voters of the City of Lumpkin for approval or rejection. The governing authority shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The governing authority shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Stewart County. The ballot shall have written or printed thereon the words:

"( ) YES Shall an Act amending the charter of the City of Lumpkin so as to eliminate the prohibitions against the use of funds of the City of Lumpkin to provide
( ) NO water and sewage service, natural gas, paving or drainage to certain areas of the city 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 Lumpkin. It shall be the duty of the governing authority of the City of Lumpkin to hold and conduct such election. The governing authority shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be the governing authority's further duty to certify the result thereof to the Secretary of State.

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

Mr. Castleberry of the 96th moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 105, nays 0.

The Senate substitute to HB 762 was agreed to.

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JOURNAL OF THE HOUSE,

HB 1051. By Messrs. Patten and Bostick of the 123rd:
A Bill to be entitled an Act to amend an Act so as to change the salary of the mayor and aldermen of the City of Nashville; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act establishing a new charter for the City of Nashville, Berrien County, approved December 17, 1900 (Ga. Laws 1900, p. 374), as amended, particularly by an Act approved August 15, 1910 (Ga. Laws 1910, p. 956), and an Act approved March 23, 1960 (Ga. Laws 1960, p. 3301), so as to change the method of fixing the salary of the mayor and aldermen; to create the Municipal Court of the City of Nashville; to provide for a judge for said court; to provide for the time for convening said court; to provide for jurisdiction of said court; to provide for powers of said court; to provide for appeal from said court; to provide for rules for said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing a new charter for the City of Nashville, Berrien County, approved December 17, 1900 (Ga. Laws 1900, p. 374), as amended, particularly by an Act approved August 15, 1910 (Ga. Laws 1910, p. 956), and an Act approved March 23, 1960 (Ga. Laws 1960, p. 3301), is hereby amended by striking Section 3 (i) in its entirety and substituting in lieu thereof, a new Section 3 (i), to read as follows:
"Section 3(i). The city council with the approval of the mayor of the city shall determine the compensation of the mayor and aldermen. Such salaries shall be paid in monthly installments or annually at the election of the mayor and each alderman upon written notification to the city clerk."
Section 2. Said Act is further amended by striking Section 39 in its entirety and substituting in lieu thereof six new Sections, to be designated Sections 39, 39A, 39B, 39C, 39D, and 39E, to read as follows:
"Section 39. Creation. There is hereby established a court to be known as the Municipal Court of the City of Nashville, which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be pro vided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of

THURSDAY, MARCH 15, 1973

3269

the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence of disqualification of the judge, the judge pro tern shall preside and shall exercise the same powers and duties as the judge when so acting. Should both the judge and judge pro tern become disqualified, then any member of the council may be designated to preside with the same powers and duties as the judge when so acting."

"Section 39A. Judge, (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. The judge shall be appointed by the mayor and shall serve at the discretion of the council, to be relieved of his duties as judge only by a majority vote of the council and mayor. The compensation of the judge shall be fixed by the council.

(b) The judge pro tern shall serve in the absence of the judge, shall have the same qualifications as the judge, shall be appointed by the council, and shall take the same oath as the judge.

(c) Before entering on duties of his office, the judge shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council."

"Section 39B. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed neces sary to keep current the dockets thereof."

"Section 39C. Jurisdiction; Powers, (a) The municipal court shall try and punish for crimes against the City of Nashville and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $75.00 or 30 days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $600.00 or imprisonment for 60 days or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 60 days.

(b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law.

3270

JOURNAL OF THE HOUSE,

(c) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept case or personal or real property or personal endorsement as surety for appearance of persons charged with violations. When ever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the City of Nashville, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.

(d) The municipal court shall have the authority to bind prisoners over to the appropriate court when ;t appears by ;>iobal>ie cause that a State law has been violated.

:e) The municipal court shall have the authority to administer oaths and to perform all other acts necessar or proper to the conduct of said court.
(f) The municipal court may compel the presence of all parti-:-.? necessary to a proper disposal of each case by the issuance of summons, subpoena arid warrants which may be served as executed by any officer as authorized by this charter or by State law,

(gV The municipal court is specifically vested with all of the ;ji. 'i;-:di'/-tion and powers throughout the entire aTMea of the City of ;.!a^h"; : !e granted by State laws generally to mayor's recorder's and police courts, and particularly by such laws as authorize the ahfHerjojnt of nuisances."

''Section -,vD. Appeal. The right of appea; ar,:I aiiv bond as may b i equii-'M to secure the costs on appeal to the Superior !"'oi;rt of f'arrinn Ccarity iroiYi the mayor's court shall lie in the saiae man ner and under the same procedure as generally presc> ibed for ap peals and appeal bonds from the court of the ordinary JVoviiJfd teat any aerson who fails to file his appeal within ten days of the. date ef a;-; conviction shall be denied to have waived any such r'Kht. An appeal to the supo r ; or court shall be a de novo proceeding."

";Uetion 39E. Rules for Court. The judge, xha'i h.-.v*; f'-i" ooyvei and authority to make reasonable ru'en and rcr.rvIiifioriR iitci-.-'-'i --ry and proper to secure the efficient HTKJ aaeee?s f'ul admin istration of the municipal court; provided, however, that the coun cil may adopt in part or in toto the rules and ii't-ulationt r.-'ative to t>;e orocedure of the operation of the superior court uneer the general laws of cho s>).ate of Georgia. The rules and resruu,tionr made or adopted for said court shall be filed with the city clerk sha;< be available for public inspection, and, upon request, a copy .-.hull

THURSDAY, MARCH IP, 1978

3271

be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings."

Section 3. Said Act is further amended by striking Section 43 in its entirety and substituting in lieu thereof, a new Section 43, to read as follows:

"Section 43. A warrant fc; the arrest of ar- offonuor issued by said municipal court hk'iU h? directed to the iihief nf police or any member of the police f vce jf the city, and may be executed by the said chief or any mem: er of the said police force of the city, or the marshal or any watrhrv. : i aiy other pprsor. authorized and empowered to make arre^.K by he ordinances of the ;-ity. Arrests, however, may be made by ar.y of the officers or persons who are h'vreunder duly authorize^ 1,4 af^rv aid without warrant if the offense is committed in the pi vjvn<.c nl the arresting officer, or if the defendant is endeavoring tj <vsra?:% or if for any othe?' cause there is Hkely to be a failure of just;(e for the want of an officer to is.c-ie warrant. The officers ,.[ tli? city may Mlo'.v vi^ytors of tlic lav and ordinances of L< ; ri?y and who t.tt ( ;-"ivoiing to v --ape and arrest them m .-ucl' f.'.frhk wherever i .e? .'^.ay b*.- found a (lie State."

.Section 4. This Act shall become effective on the first tlr.y .if the i.mth following the month in which it i? approved by the U^ n in which it becomes law without bis approval.

^e''+ion 5. All laws and p:;rt> <if l:i\\'k ir. conflict, witb. thi? A .t

:;i o/ the 123rd moved that tut b.i' s^'ree to the Scna;-. :V.!l:st'*ute.
;] t< agrcK, the ayes
substitute to HB 1051 was asn\\i to.
'"v :>'...-;-.iv.s. Co'e and Foster of the '> ; V i i.;ii :.- he entitied an Act to ai:i::--J. ,..'.< ct so a,: i-:. c;iara-:<- !~:i com,'.,!.-.-.!.-.!. of the mayor and coa.--.-: ;;i. ii^1 City ;; IH-.'-to:1.: and -;;or

fi'iicT.in^ Senate amendment was re%'!:
The Senate Committee on County ?n Urban A-i.:r% iicves to amoral House Bill No. 544 as follows:

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JOURNAL OP THE HOUSE,

By striking the first sentence of Section 1 in its entirety and insert ing in lieu thereof a new first sentence of Section 1, to read as follows:

"Prom and after the passage of this Act and by ordinance duly adopted by the mayor and council of the City of Dalton, the mayor of the City of Dalton shall receive an annual salary not to exceed $2,400.00 payable in equal monthly installments from the funds of the City of Dalton."

Mr. Foster of the 6th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 105, nays 0.

The Senate amendment to HB 544 was agreed to.

HB 545. By Messrs. Cole and Foster of the 6th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the recorder of the City of Dalton; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend House Bill No. 545 as follows:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:
"Section 1. From and after the passage of this Act and by or dinance duly adopted by the mayor and council of the City of Dalton, the recorder shall receive an annual salary not to exceed $4,800.00 payable in equal monthly installments from the funds of the City of Dalton."

Mr. Foster of the 6th moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 105, nays 0.

The Senate amendment to HB 545 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:

THURSDAY, MARCH 15, 1973

3273

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 Tile 95, Code of Geor gia, as amended; and for other purposes.

The following amendment was read:
Mr. Larsen of the 27th and many others move to amend SB 140 by Sen. Reynolds by adding at the end of paragraph (3) on page 270, the following:
"The Authority shall not proceed with acquisition of rights-ofway or construction of any project in any county whose population exceeds 400,000 as determined by the 1970 census or any later census, until the governing body of such county has approved the project."

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Atherton Bennett Blackshear Bond Bostick Brown, B. D. Burton Carlisle Clark Cole Collins, S. Coney Daugherty Davis, W. Dean, J. E.

Dickey Dixon Egan Elliott Ezzard Farrar Floyd, L. R. Geisinger Hamilton Hawes Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Irvin, R. Jordan Kreeger

Those voting in the negative were Messrs.:

Adams, J. H. Alien Bailey Beckham
Berlin Berry

Bohannon Brantley, H. H. Brantley, H. L.
Bray Brown, C. Buck

Lane, Dick Larsen, G. K. Levitas Marcus McDonald McKinney Moyer Noble Petro
Russell, W. D. Savage Shepherd Smith, V. B. Stephens Waddle Walker Wilson, J. M.
Carr Castleberry Chance Coleman Collins, M. Colwell

3274
Connell Davis, E. T. Dean, Gib Dean, N. Dent Dollar Duke Edwards Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harris, J. F. Harris, J. K. Harrison Hays Howell Hudson Hutchinson Irwin, J. R. Jessup Johnson Jones

JOURNAL OF THE HOUSE,

Keyton King Knight Lambert Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Mason Matthews, C. Mauldin McCracken Miles Milford Mulherin Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Rainey Reaves

Ritchie Roach Rogers Rush Sams Shanahan Smith, J. R. Snow Sweat Thompson Toles Townsend Triplett Tucker Turner Swiggs Vaughn Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis
Wilson, M. L. Wood

Those not voting were Messrs.:

Adams, Marvin Brown Burruss Busbee Carrell Dorminy Ellis Evans Floyd, J. H. Harrington

Irvin, J. Lane, W. J. Matthews, D. R. McDaniell Morgan Mullinax Murphy Nessmith
Nix Patten, G. C.

Phillips, G. S. Phillips, L. L. Pinkston Russell, J. Strickland Thomason Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 55, nays 97.

The amendment was lost.

The following amendments were read and adopted:
Mr. Groover of the 75th moves to amend SB 140 by making the period at the end of Section 95A-305(b) a comma and adding the fol lowing :

THURSDAY, MARCH 15, 1973

3275

"or otherwise in writing acts so as to open the road to traffic by the general public.

Mr. Groover of the 75th moves to amend SB 140 by striking the word "in" on line 20, page 70, and inserting in lieu thereof the word

Mr. Groover of the 75th moves to amend SB 140 by adding after the word "taken" on line 27, page 94, the words "or other evidence of just and adequate compensation".
Mr. Groover of the 75th moves to amend SB 140 by adding after the word "sketch", on line 26, page 100, the words "and after notice to property owners located thereon".
Mr. Groover of the 75th moves to amend SB 140 by adding at the end of line 6, page 94, the following:
"or any other provision of law".
Mr. Groover of the 75th moves to amend SB 140 by adding on line 28, page 101, after the word "sketch" the words "and after notice to property owners located thereon".

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 Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray

Brown, B. D. Brown, C. Buck Burruss Burton Carlisle Carr Castleberry Chance 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 Floyd, L. R. Foster Fraser Geisinger

3276
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. 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.

JOURNAL OP THE HOUSE,

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 Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Rainey Reaves Ritchie

Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, V. B. Snow 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

Voting in the negative were Messrs. Howard and McCracken.

Those not voting were Messrs.:

Alexander, W. M. Blackshear Bond Brown, S. P. Busbee Carrell Clark Dean, J. E.

Ellis Evans Ezzard Farrar Floyd, J. H. Larsen, W. W. Murphy Petro

Phillips, L. L. Pinkston Savage Smith, J. R. Stephens Thomason Mr. Speaker

On the passage of the Bill, as amended, the ayes were 155, nays 2.

THURSDAY, MARCH 15, 1973

3277

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

Mr. Groover of the 75th arose to a point of personal privilege and addressed the House.

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

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.
The report of the Committee, which was favorable to the 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 Beckham Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss

Burton Carlisle Carr Carrell 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 Dorminy Duke Edwards Egan Elliott Ellis Evans Floyd, L. R. Foster Eraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R.

3278

JOURNAL OF THE HOUSE,

Harrison Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. 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. Lewis Logan Lowrey
Mason

Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson Pearce Phillips, G. S. Pinkston Ritchie Rogers Ross Rush Russell, J. Sams

Savage Shanahan Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Townsend Triplett Tucker Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis, R. T. Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

King

Patten, G. C.

Twiggs

Those not voting were Messrs.:

Adams, Marvin Bennett Bostick Buck Busbee Collins, S. Colwell Ezzard Farrar Floyd, J. H. Grahl

Hawes Hill, B. L. Irvin, R. Jordan Levitas Marcus Matthews, C. Matthews, D. R. Murphy Noble Peters

Petro Phillips, L. L. Rainey Reaves Roach Russell, W. D. Shepherd Smith, J. R. Toles Mr. Speaker

On the passage of the Bill, the ayes were 145, nays 3.

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

THURSDAY, MARCH 15, 1973

3279

HB 387. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend Code Section 84-901, as amended, so as to define the terms of "doctors", etc.; and for other purposes.

The following amendment was read and adopted:
Mr. Wheeler of the 13th moves to amend SB 387 as follows:
By adding in the title, between the word and symbol "Chapter;" and the word "to", on line 10 of page 1, the following:
"to provide exceptions;".
By renumbering Section 2 on page 2 as Section 3 and inserting a new section 2 to read as follows:
"Section 2. The provisions of this Act shall not be construed to restrict or affect the practice of optometry under Code Chapter 84-11, Code of Georgia 1933, as amended."
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 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 227. By Mr. Greer of the 43rd: A Bill 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 petition; and for other purposes.
Mr. Greer of the 43rd moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference be ap pointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

3280

JOURNAL OF THE HOUSE,

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

Messrs. Howell of the 118th, Greer of the 43rd and Harris of the 51st.

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

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 following Senate amendment was read:

The Senate amends HR 140-535 as follows:
by changing line four (4), after the word "session", and inserting the following:
"; to require that the Department of Public Safety to police and patrol the area around the Capitol while the General Assembly is in session; and for other purposes".
Mr. Greer of the 43rd moved that the House agree to the Senate amendment to HB 140-535.
On the motion, the ayes were 149, nays 0.

The motion prevailed and the Senate amendment to HR 140-535 was agreed to:
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:

SB 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-

THURSDAY, MARCH 15, 1973

3281

taining to the removal for cause of members of the Board of Pardons and Paroles, if additional members are added to the Board by the Gen eral Assembly as provided in Article V, Section I, Paragraph XI of the Constitution, as amended, to define certain terms; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Those voting in the affirmative were Messrs.

Adams, G. DAdams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Atherton Bailey Beckham Bennett Berlin Bohannon Bond Brantley, H. H. Brantley, H. L. Bray 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 Daugherty Davis, E. T.

Davis, W. Dean, J. E. Dean, N. Dent Dixon Dollar Dorminy Edwards Elliott Evans Farrar Foster Fraser Geisinger Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, G. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. W. 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 Nessmith Noble Odom Oxford Patten, R. L. Patterson Pearce Petro Phillips, G. S. Pinkston Reaves

3282
Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, V. B. Snow

JOURNAL OP THE HOUSE,

Shephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Vaughn

Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Howard Keyton

Kreeger McCracken

Wilson, J. M.

Those not voting were Messrs.:

Berry Blackshear Bostick Buck Busbee Dean, Gib Dickey Duke Egan Ellis Ezzard

Floyd, J. H. Floyd, L. R. Gignilliat Grahl Hawes Hill, B. L. Jessup Murphy Nix Northcutt

Patten, G. C. Peters Phillips, L. L. Rainey Russell, W. D. Smith, J. R. Twiggs Ware 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. Howard 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 SB 275.

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

SB 20. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act authorizing the establish-

THURSDAY, MARCH 15, 1973

3283

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 proposes limited-access highways; and for other purposes.

The following amendments were read and adopted:

Mr. Vaughn of the 4th moves to amend SB 20 as follows:
By striking lines 1, 2 and 3 of page 1 which reads as follows:
"To amend an Act authorizing the establishment of limitedaccess highways in this State, approved March 7, 1955 (Ga. Laws 1955, p. 559), so as to provide that the"
and inserting in lieu thereof the following:
"To amend an Act known as the 'Georgia Code of Public Trans portation' (Senate Bill 140 passed at the 1973 regular session of the General Assembly) so as to provide that the"
By striking Sections 1 and 2 in their entirety and inserting in lieu thereof the following:
"Section 1. An Act known as the 'Georgia Code of Public Transportation' (Senate Bill 140 passed at the 1973 regular session of the General Assembly) is hereby amended by striking in its entirety, the third paragraph of Section 95A-936 which reads as follows:
'No commercial enterprise or activities shall be authorized or conducted by the Department or any other agency, or by a county or municipality of the State within or on the property on which have been constructed limited-access roads as defined in this Art icle: Provided, that the term "commercial enterprise or activities" shall not be so construed as to prevent the installation of public utility facilities, to the extent that it is authorized by law, or as to prevent the proper management of property acquired for future construction of public roads including limited-access roads, as such acquisition is authorized in Chapter 95A-6 of this Title.',
and inserting in lieu thereof a new paragraph to read as follows:
'Except as otherwise provided in this Section, no commercial enterprise or activities shall be authorized or conducted by the De partment or any other agency, or by a county or municipality of the State within or on the property on which have been constructed limited-access roads as defined in this Article: Provided, that the term "commercial enterprise or activities" shall not be so construed as to prevent the installation of public utility facilities, to the ex-

3284

JOURNAL OF THE HOUSE,

tent that it is authorized by law, or as to prevent the proper man agement of property acquired for future construction of public roads including limited-access roads, as such acquisition is autho rized in Chapter 95A-6 of this Title. The State Department of Transportation is hereby authorized to lease by negotiation air rights over existing or proposed limited-access highways for developement as commercial enterprises or activities. Prior to entering into any negotiations for the lease of such air rights, the Depart ment shall advertise its intent to negotiate the lease of such air rights at least once a week for four consecutive weeks in one or more newspapers of general circulation in the county or counties where the air rights to be leased are situated and one or more legal organs in Fulton County, Georgia. Provided, any person, firm or corporation leasing such air rights shall reimburse the Department for all costs, including administrative costs, incurred by the De partment in connection with the negotiation of said lease. Provided, further, that when two or more offers are received by the Depart ment for a lease of air rights, the highest responsible offer shall be accepted by the Department. The Department of Transportation shall establish a minimum negotiated price, based upon competent appraisal, and the final negotiated amount shall not be less than this appraisal.' "

By renumbering Section 3 as Section 2.

Mr. Colwell of the 4th moves to amend SB 20 as follows:
By inserting in Line 21 of Page 3, after the word "Georgia", the following:
"Any utility affected must be specifically notified of the intent to negotiate the lease of such air rights and the possible effects on any affected utility."
And, by inserting in Line 26 of Page 3, after the word "lease", the following:
"The lease will be required to reimburse any affected utility for the reasonable cost of any adjustments made."

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 Bailey

Beckham Berry Bohannon

Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Carlisle Carr Carrell Castleberry Cole Coleman Collins, M. Colwell Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dollar Dorminy Duke Edwards Elliott Farrar Floyd, L. R. Foster Fraser Geisinger Grantham Greer Groover Hamilton Harden

THURSDAY, MARCH 15, 1973

3285

Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Matthews, C.
Mauldin McCracken McDaniell Miles Milford Morgan Moyer Mulherin

Mullinax Nix Patten, R. L. Patterson Pearce Phillips, L. L Pinkston Ritchie Roach Rogers Rush Russell, J . Russell, W. D. Sams Savage Shanahan Shepherd Snow Stephens Strickland Thomason Toles Townsend Triplett Turner Twiggs Vaughn Waddle Walker
Ware Wheeler, Bobby Wheeler, J. \. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, Marvin Bennett Collins, S. Davis, E. T. Dixon

Hill, G. King Larsen, G. K. Odom Oxford

Ross Smith, V. B.
Sweat Wall

Those not voting were Messrs.:

Adams, J. H. Atherton Berlin

Blackshear Bond Burruss

Busbee Chance Clark

3286
Coney Davis, E. T. Dickey Egan Ellis Evans Ezzard Floyd, J. H. Gignilliat Grahl Hawes Howard

JOURNAL OF THE HOUSE,

Jessup Larsen, W. W. Levitas Mason Matthews, D. R. McDonald McKinney Murphy Nessmith Noble Northcutt

Patten, G. C. Peters Petro Phillips, L. L. Rainey Reaves Smith, J. R. Thompson Tucker Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 124, nays 14.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 289. By Senator Dean of the 6th: 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 or emer gency vehicles to be operated with flashing lights, so as to provide for additional exemptions for permits; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 143, 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:

HE 329. 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.

THURSDAY, MARCH 15, 1973

3287

The following Senate 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 mu
nicipalities and counties; to provide for certain exceptions; to provide for a reporting system for the payment of such excise taxes on the sale of malt beverages; to provide for the manner and method of col lection and payment of such taxes; to provide for credits for taxes pre viously 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) Municipalities and counties permitting the sale of malt beverages are hereby directed to impose an excise tax, in addition to the excise taxes presently levied by the State of Georgia, in the sum of not less than three and one-half cents (3.5^) nor more than five cents (5c) per 12 ounces, or proportionately thereof, so as to graduate the tax on bottles, cans and containers of various sizes; provided, however, in the event thai: 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.
(b) The excise tax provided for in subsection (a) shall be im posed 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 bevearges are sold or disposed of within the particular municipality 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 container, 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 p.uch bev erages 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

3288

JOURNAL OP THE HOUSE,

license fee or any other tax or fee in lieu of a license 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 retailer 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 counties and municipalities in which it does business, all unused county or municipal tax stamps, lids, or other indicia of tax pay ment in its possession upon which the tax has been paid and for which it intends to claim a refund, together with such affidavits and other proof as the licensing authority of the county or munici pality may reasonably require showing possession by such whole sale 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 refund. 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 total refund until their entire amount, as shown on their certificates, is credited in full against liabilities for taxes arising under this Section.

(g) The State Revenue Commissioner shall have the authority to enforce the provisions of this Act."

Section 2. The proceeds of the tax imposed by this Act in excess of that amount imposed on December 1, 1972, in any county with a population of not less than 162,000 nor more than 165,000, according to the 1970 United States Decennial Census, or any such future Decennial Census, or in any city within such county, shall be used for the con struction of a coliseum or civic center. Any consolidated government in existence on the effective date of this Act shall use such excess over the amount levied locally on December 1, 1972, for construction and/or operation of a convention center.

Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall 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 de clares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

THURSDAY, MARCH 15, 1973

3289

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

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

Mr. Atherton of the 19th moved that the House agree to the Senate substi tute to HB 329.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss
Burton Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Dixon

Dollar Duke Edwards Egan Elliott Parrar Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harrison Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R.
Johnson
Jones Jordan King Knight Kreeger Lambert
Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lewis

Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKinney Milford Morgan Moyer Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, G. S. Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland

3290
Sweat Thomason Thompson Toles Townsend Triplett Turner

JOURNAL OF THE HOUSE,

Vaughn Waddle Walker Wall Wamble Wheeler, J. A.

Whitmire Williams WillLs Wilson, J. M. Wilson, M. L.
Wood

Those voting in the negative were Messrs.

Adams, Marvin Collins, M. Dorminy Floyd, L. R.

Foster Harris, J. F. Harris, J. R.

Those not voting were Messrs.:

Adams, J. H. Bennett Berlin Bond Brown, B. D. Busbee Colwell Coney Dent Ellis Evans Ezzard Floyd, J. H.

Grahl Hawes Hiii, B. L. Jessup Keyton Levitas Marcus McDonald Miles Mulherin Murphy Peters

Irvin. J. Irwbs, J K. Lee, W. S,
PhriHps, L. L. Pidkstori Raiiif. Reaves Riichit Smith, J. R. Tucker 1 wing's W are Wheekv. Bobby Mr. Speaker

On the motion, the ayes were 133, nays 10.

The motion prevailed and the Senate substitute to 1!R S2!> v..-;-; a.u-ve'i to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House ar.i.'ndmer.i ;ind has ap pointed a Committee of Conference to confer with a like .of^iiuttee on the following Bill of the Senate.

SB 14. By Senator Kidd of the 25th:
A Bill to amend Code Chapter 79A-99, relatin to penalties fur violating the criminal provisions of Title 79A of the > ieor<ria Code, relating to

THURSDAY, MARCH 15, 1973

3291

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.

The President has appointed on the part of the Senate the following Senators: Kidd of the 25th, London of the 50th, and Lester of the 23rd.

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

HB 735. By Messrs. Egan of the 25th, Lee and Odom of the 114th, and others:
A Bill to amend the Groundwater Use Act of 1972, so as to amend the definition of "groundwater" and add definitions of "well" "Depart ments" and "Director".

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

SB 276. By Senator Smith of the 34th:
A Bill to assure academic freedom by requiring the teaching and presentation of special creation in public schools if the theory of evolu tion is taught.

The Senate has disagreed to the House substitute to the following Bill of the Semite, to-wit:
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.
Thi Senate hi'.f pas ;ed, as amended, by the requisite constitutional majority the foHov.-me; Bill of the House, to-wit:
HB 311. By Messrs. Irvjn of the 23rd, Larsen of the 27th, Hawes of the 43rd and others: A Bill 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.

3292

JOURNAL OF THE HOUSE,

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 202. By Senator Kidd of the 25th:
A Bill to be entitled an Act to authorize the State or any political sub division to defer with the consent of an employee, an employee's com pensation; and for other purposes.

The following amendment was read:
Mr. Levitas of the 50th moves to amend SB 202 as follows:
By striking in its entirety Section 3, beginning on line 14 of page 2 and inserting a new Section 3 to read as follows:
"Section 3. The Director of the Merit System Council of Geor gia, acting under the direction of the Merit System Council, is here by authorized to enter into contractual agreements with employees of any particular State agency, department, board, commission or institution on behalf of the State to defer any portion of such em ployees' compensation."

The following amendment to the Levitas amendment was read:
Mr. Greer of the 43rd moves to amend the Levitas amendment to SB 202 by adding the following at the end: "Provided however, that the principal administrator of each such agency, department, board, com mission or institution may select the company of this choice."

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Bailey Berlin Bond Bray
Brown, C. Brown, S. P. Burton

Carlisle Carr Carrell Clark Collins, M. Collins, S. Colwell Coney
Daugherty Davis, W. Dean, J. E.

Dean, N. Dickey Dollar Dorminy Egan Elliott Evans Ezzard
Farrar Floyd, L. R. Fraser

Geisinger Gignilliat Grantham Greer Hamilton Harrington Harris, J. R. Harrison Hawes Hill, G. Horton, G. T. Horton, W. L. Howell
Hudson Hutchinson Irvin, J. Irwin, J. R. Johnson Knight

THURSDAY, MARCH 15, 1973

3293

Lane, Dick Le vitas Lewis Logan Lowrey Marcus Mauldin McDonald McKinney Milford Morgan Mullinax Nessmith Noble Northcutt Oxford Patten, R. L. Pinkston

Ritchie Roach Rush Russell, J. Russell, W. D. Savage Shepherd Stephens Toles Townsend Vaughn Wamble Ware Wheeler, J. A. Whitmire Williams Wilson, M. L. Wood

Those voting in the negative were Messrs. :

Adams, J. H. Adams, Marvin Alien Beckham Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Castleberry Chance Cole Coleman Connell Davis, E. T. Dean, Gib Dent Dixon Duke Edwards Ellis Foster

Grahl Groover Harden Harris, J. F. Hays Howard Irvin, R. Jones Keyton King Kreeger Lambert Lane, W. J. Lee, W. S. Mason Matthews, D. R.
McCracken McDaniell Miles Moyer Mulherin Nix

Odom Patten, G. C. Patterson Pearce Peters Petro Rainey Reaves Rogers Ross Sams Shanahan Smith, V. B. Snow Sweat Triplet* Tucker Turner Waddle Wall Willis Wilson, J. M.

Those not voting were Messrs.:

Atherton Bennett Berry Brown, B. D. Buck Burruss

Busbee Floyd, J. H. Hill, B. L. Jessup Jordan Larsen, G. K.

Larsen, W. W. Lee, W. J. (Bill) Matthews, C. Murphy Phillips, G. S. Phillips, L. L.

3294
Smith, J. E. Strickland Thomason

JOURNAL OP THE HOUSE,

Thompson Twiggs Walker

Wheeler, Bobby Mr. Speaker

On the adoption of the amendment to the Levitas amendment, the ayes were 88, nays 66.

The amendment to the Levitas amendment was adopted.

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

Those voting in the affirmative were Messrs.

Adams, John Alexander, W. H. Blackshear Bray Brown, B. D. Brown, C. Burton Carrell Clark Collins, M. Colwell Coney Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Dixon Dollar

Farrar Fraser
Geisinger Grantham Greer Hamilton Harris, J. R. Hawes Hill, G. Horton, G. T. Howell Hutchinson Irwin, J. R. Jessup Knight Lambert Levitas Lewis Lowrey Marcus

Mason McDonald Morgan Moyer Noble Patten Ritchie Russell, J. Russell, W. D. Savage Stephens Sweat Toles Vaughn Waddle Wamble Whitmire Williams Wood

Those voting in the negative were Messrs.

Adams, G. D. Adams, J. H. Adams, Marvin Alien Bailey Beckham Berry Bohannon Bostick Brantley, H. H. Carr Castleberry

Chance Cole Coleman Collins, S. Davis, E. T. Dent Dorminy Duke Edwards Egan Elliott Ellis

Floyd, L. R. Foster Gignilliat Groover Harden Harrington Harris, J. F. Hays Horton, W. L. Howard Hudson Irvin, J.

Irvin, R. Johnson Jones Keyton King Kreeger Lane, Dick Lane, W. J. Lee, W. S. Logan Mauldin McCracken McDaniell Milford Mulherin

THURSDAY, MARCH 15, 1973

3295

Nessmith
Nix Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Rainey Reaves Rogers

Ross Rush Sams Shanahan Smith, J. R. Snow Triplett Tucker Turner Wall Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.

Those not voting were Messrs.:

Alexander, W. M. Atherton Bennett Berlin Bond Brantley, H. L. Brown, S. P. Buck Burruss Busbee Carlisle Connell Evans Ezzard

Ployd, J. H. Grahl Harrison Hill, B. L. Jordan Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Matthews, C. Matthews, D. R. McKinney Miles Mullinax Murphy

Phillips, L. L. Pinkston Roach Shepherd Smith, V. B. Strickland Thomason Thompson Townsend Twiggs Walker Ware Wheeler, Bobby Mr. Speaker

On the adoption of the Levitas amendment, as amended, the ayes were 59, nays 79.

The amendment, as amended, 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.

Alien Bailey Beckham

3296
Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. 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
Farrar
Floyd, L. R.
Foster
Fraser
Geisinger
Gignilliat
Grahl
Grantham

JOURNAL OP THE HOUSE,

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. Jessup Johnson Jones 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, D. R.
Mauldin
McDaniell
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. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Snow Stephens Sweat Thompson 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. :

McCracken McDonald

Russell, W. D.

Smith, V. B.

THURSDAY, MARCH 15, 1973

3297

Those not voting were Messrs.:

Atherton Berlin Brantley, H. L. Brown, S. P. Buck Burruss Busbee Evans

Ezzard Floyd, J. H. Hill, B. L. Jordan Larsen, W. W. Matthews, C. McKinney Murphy

Phillips, L. L. Pinkston Strickland Thomason Toles Ware Mr. Speaker

On the passage of the Bill, the ayes were 153, nays 4.

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

Mr. Levitas of the 50th served notice that at the proper time he would ask the House to reconsider its action in giving requisite constitutional majority to SB 202.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 735. By Messrs. Egan of the 25th, Lee and Odom of the 114th and others:
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.

The following Senate amendment was read:
The Senate Committee on Natural Resources moves to amend House Bill 735 as follows:
By deleting Section 6 of the Bill in its entirety and inserting in lieu thereof the following:
"Section 6. Said Act is further amended by striking in its en tirety subsection (a) of Section 5 and substituting in lieu thereof the following:
'(a) The Division shall prepare proposed regulations to be applied, containing such of the following provisions as the Division finds appropriate concerning the use of groundwaters:
(1) provisions requiring water users within the area to submit reports not more frequently that at thirty-day intervals concerning

3298

JOURNAL OF THE HOUSE,
quantity of water used or withdrawn, sources of water and the nature of the use thereof;
(2) with respect to groundwaters, provisions concerning the timing of withdrawals, provisions to protect against or abate salt water encroachment, provisions to protect against or abate unrea sonable adverse effects on other water users within the area, in cluding but not limited to adverse effects on public use;
(3) with respect to groundwaters, provisions concerning well depth and spacing controls and provisions establishing a range of prescribed pumping levels (elevations below which water may not be pumped) or maximum pumping rates, or both, in wells for the aquifer or for any part thereof based on the capacities and charac teristics of the aquifer;
(4) such other provisions not inconsistent with this Act as the Division finds necessary to implement the purposes of this Act."

Mr. Egan of the 25th moved that the House agree to the Senate amendment to HB 735.

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 Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burton Carlisle Carr

Carrell Castleberry Chance Clark Cole Coleman 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 Ezzard Farrar Floyd, L. R. Foster Geisinger Gignilliat 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 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 Lowrey Marcus Mason Matthews, D. R. McCracken McDaniell McDonald McKinnev

THURSDAY, MARCH 15, 1973

3299

Miles Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, W. D. Sams

Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. Fraser.

Those not voting were Messrs.:

Atherton Berlin Brown, S. P. Burruss Busbee Collins, M. Davis, W. Evans Floyd, J. H. Grahl

Hamilton
Hill, B. L. Hutchinson Larsen, W. W. Logan Matthews, C. Mauldin Milford Murphy Petro

Phillips, L. L. Pinkston Russell, J. Savage Thomason Tucker Twiggs Williams Mr. Speaker

On the motion, the ayes were 150, nays 1.

The motion prevailed and the Senate amendment to HB 735 was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment thereon:

3300

JOURNAL OF THE HOUSE,

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 Geor gia Code, and for other purposes.

Mr. Nix of the 20th moved that the House insist on its position in amending SB 14 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. Howard of the 19th, Nix of the 20th and Harris of the 51st.

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 1008. By Messrs. Busbee of the 114th and Connell of the 80th:
A Bill to amend Code Chapter 88-9, relating to Air Quality Control, so as to authorize the Department of Natural Resources to adopt regula tions prohibiting the operation of any facility from which air con taminants are or may be emitted unless a permit has otherwise been obtained.

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

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

THURSDAY, MARCH 15, 1973

3301

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 pur suant to any retirement system created by law and authorized by the City Council.

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

The President has appointed on the part of the Senate the following Senators: Kidd of the 27th, McDuffie of the 19th and London of the 50th:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 899. By Mr. Elliott of the 49th: A Bill to provide for laws regulating the operation of bicycles.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1009. By Messrs. Busbee of the 114th and Connell of the 80th: A Bill 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.

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

HR 263-1012. By Messrs. Atherton and Wilson of the 19th, Duke, and Nix of the 20th:
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 and zoning powers within Cobb County.

3302

JOURNAL OF THE HOUSE,

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

HB 1018. By Messrs. Dollar of the 63rd, Kreeger of the 21st, and Noble of the 48th, and others:
A Bill to amend the Executive Reorganization Act of 1972, so as to provide that the Board of Natural Resources shall have all of the policymaking function previously vested in the Game and Fish Commission.

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

SB 325. By Senator Langford of the 51st:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles; and for other purposes.

The report of the Committee, which was favorable to the 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 Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. 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 Dixon Dollar Dorminy Duke Edwards Ellis Farrar Floyd, L. R. Foster Geisinger Gignilliat Greer Groover Hamilton Harden Harrington Harris, J. F. Harrison Hawes

THURSDAY, MARCH 15, 1973

3303

Hays Horton, G. T. Howard Howell Hudson Hutchinson 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 Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R.

Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D.

Sams Savage Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wamble Ware Wheeler, J. A. Witmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Fraser Grantham

Hill, G. Irwin, J. R.

Wall Wheeler, Bobby

Those not voting were Messrs.:

Berlin Bond Brown, B. D. Brown, S. P. Buck Busbee Dickey Egan Elliott Evans

Ezzard Floyd, J. H. Grahl Harris, J. R. Hill, B. L. Horton, W. L. Jessup Logan McKinney

Murphy Noble Northcutt Petro Phillips, L. L. Pinkston Smith, V. B. Thomason Mr. Speaker

On the passage of the Bill, the ayes were 146, nays 6.

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

3304

JOURNAL OF THE HOUSE,

SB 334. By Senator McDuffie of the 19th:
A Bill to be entitled an Act to amend Code Title 113, relating to wills, descent and administration of estates; and for other purposes.

The report of the Committee, which was favorable to the 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 Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Burton Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, W. Dean, Gib Dean, J. E.

Dean, N. Dent Dickey Dollar Dorminy Edwards Egan Elliott Ellis Floyd, L. R. Foster Fraser Geisinger Gignilliat 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. 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. 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 Pearce Peters Phillips, G. S.

Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd

THURSDAY, MARCH 15, 1973

3305

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

Voting in the negative was Mr. Dixon.

Those not voting were Messrs.:

Bennett Berry Brown, S. P. Buck Busbee Davis, E. T. Duke Evans

Ezzard Farrer Floyd, J. H. Grahl Hawes Hill, B. L. Irvin, R. King

Murphy Petro Phillips, L. L. Pinkston Smith, V. B. Thomason Mr. Speaker

On the passage of the Bill, the ayes were 156, nays 1.

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

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 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.

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

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

3306

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Burton Burton Carrell Castleberry Chance Clark Coleman
Collins, M.
Collins, S.
Colwell
Davis, E. T.
Davis, W.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dickey
Duke
Edwards
Egan
Elliott
Farrar
Floyd, L. R.

Fraser Geisinger Greer Groover Harden Harrington Harris, J. F. Harrison Hays Hill, B. L. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Keyton King Knight Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Levitas
Lewis
Logan
Marcus
Mason
Matthews, C.
Mauldin
McCracken
McDonald
McKinney
Miles
Milford
Morgan
Moyer
Mulherin
Mullinax
Nix

Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Snow Stephens Strickland Thompson Townsend Tucker
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.:

Brantley, H. L. Dixon Foster Grantham

Lane, W. J. Le, W. S. Murphy

Nessmith Peters Sweat

THURSDAY, MARCH 15, 1973

3307

Those not voting were Messrs.:

Adams, John Alien Bennett Berlin Brown, S. P. Busbee Carlisle Carr Cole Coney Connell Daugherty Dollar Dorminy Ellis Evans

Ezzard Floyd, J. H. Gignilliat Grahl Hamilton Harris, J. R. Hawes Hill, G. Howard Howell Irvin, R. Jones Jordan Lambert Larsen, W. W. Lowrey

Matthews, D. R. Murphy Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Smith, J. R. Smith, V. B. Thomason Toles Triplett Turner Mr. Speaker

On the passage of the Bill, the ayes were 125, nays 9. The Bill, having received the requisite constitutional majority, was passed.

SB 393. By Senator Broun of the 46th: A Bill to amend Code Chapter 53-2, relating to marriage licenses, as amended, so as to provide for the preparation of a marriage manual; and for other purposes.
The report of the Committee, which was favorable to the 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. Atherton Beckham Berry Blackshear Bohannon

Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Burruss Burton Carr Carrell Castleberry Clark

Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib

3308
Dean, J. E. Dent Dixon Duke Edwards Egan Elliott Ezzard Farrar Floyd, L. R. Foster Geisinger Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jordan

JOURNAL OF THE HOUSE,

Keyton King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Le vitas Lewis Logan Marcus Mason Mauldin McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro

Phillips, G. S. Rainey Reaves Rogers
Ross Rush Russell Savage Shanahan Shepherd Smith Snow Shephens Strickland Sweat Thompson Townsend 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.:

Adams, John Brown, C. Carlisle Dean, N. Dollar

Lane, W. J. Lee, W. S. Lowrey Odom Ritchie

Roach Sams Toles Wall

Those not voting were Messrs.:

Alien Bailey Bennett Berlin Bond Bray Brown, S. P. Buck Busbee Chance

Colwell Dickey Dorminy Ellis Evans Floyd, J. H. Fraser Gignilliat Groover Harris, J. R.

Hill, B. L. Howard Howell Irwin, J. R. Jones Larsen, W. W. Lee, W. J. (Bill) Matthews, C. Matthews, D. R. McCracken

McDaniell Murphy Phillips, L. L. Pinkston

THURSDAY, MARCH 15, 1973

Russell, W. D. Smith, V. B. Thomason

Triplett Twiggs Mr. Speaker

3309

On the passage of the Bill, the ayes were 126, nays 14.

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

The following Resolutions of the House were taken up for the purpose of considering the Senate substitutes thereto:

HR 295-1152. By Messrs. Busbee of the 114th, Floyd of the 5th and others:
A Resolution renaming the Pataula Creek State Park as the "George T. Bagby State Park"; and for other purposes.

The following Senate substitute was read:
A RESOLUTION
Renaming the Pataula Creek State Park as the "George T. Bagby State Park"; and for other purposes.
WHEREAS, the Honorable George T. Bagby was born on October 26, 1920, in Dallas, Georgia, was graduated from Dallas High School, attended West Georgia College and was graduated with an LLB degree from John Marshall Law School; and
WHEREAS, he served as Director of the Georgia Bureau of Inves tigation during 1947; and
WHEREAS, he served with distinction, dedication and ability as a member of the House of Representatives, representing Paulding County, in 1947 and 1948, from 1955 through 1960 and from 1962 through 1966; and
WHEREAS, the Honorable George T. Bagby served as Sergeant at Arms of the Senate of the State of Georgia during 1961; and
WHEREAS, he was appointed as Director of the State Game and Pish Commission on February 9, 1967, a position which he held with great dedication until his appointment as Director of the State Parks Department on January 13, 1971, a position in which he served until May 1, 1972, when he was appointed as Deputy Commissioner of the State Department of Natural Resources; and

3310

JOURNAL OF THE HOUSE,
WHEREAS, he is widely known throughout the State of Georgia for the many significant contributions which he has made in providing the citizens of Georgia with oustanding recreational and sporting op portunities; and
WHEREAS, the Honorable George T. Bagby served as a member of the U. S. Delegation to the Bahamas Fisheries Negotiations in 1969, was named "Georgian of the Year" in 1969 by the Georgia Association of Broadcasters, was elected "Water Conservationalist of the Year" in 1970 by the Georgia Sportsman's Federation, and was selected by a national outdoor magazine, Outdoor Life, as winner of the publication's "1970 Conservation Award"; and
WHEREAS, the State of Georgia is currently developing a new State park referred to as the Pataula Creek State Park and said park should be appropriately named.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the Pataula Creek State Park now under development is hereby named and designated as the "George T. Bagby State Park".
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to the Honorable George T. Bagby, Deputy Commissioner of the State Department of Natural Resources, and the Honorable Jimmy Carter, Governor of the State of Georgia.

Mr. Howell of the 118th moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 153, nays 0.

The Senate substitute to HR 295-1152 was agreed to.

HR 263-1012. By Messrs. Atherton and Wilson of the 19th 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 and zoning powers within Cobb County; and for other purposes.

The following Senate substitute was read:
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 plan-

THURSDAY, MARCH 15, 1973

3311

ning and zoning powers within Cobb County; to provide that only cer tain officials shall be authorized to make planning and zoning decisions; 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 XV, Section II, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following:

"Any other provisions of this Constitution to the contrary not withstanding, the 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; provided, however, that the ultimate planning and zoning decisions made pursuant hereto shall be made by the elected plan ning and zoning commissioners from Cobb County, by the planning and zoning commissioner appointed by the Board of Commissioners of Cobb County and by the planning and zoning commissioner ap pointed by the Board of Education of Cobb County."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to au thorize the General Assembly to provide by local law for the exercise of the planning and zoning powers within Cobb County; provided, however,
( ) NO that the ultimate planning and zoning decisions made pursuant hereto shall be made by the elected planning and zoning commissioners from Cobb County, by the planning and zoning com missioner appointed by the Board of Commis sioners of Cobb County and by the planning and zoning commissioner appointed by the Board of Education of Cobb 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.

3312

JOURNAL OF THE HOUSE,

Mr. Atherton of the 19th moved that the House agree to the Senate sub stitute.

On the motion to agree, the ayes were 130, nays 0.

The Senate substitute to HR 263-1012 was agreed to.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendment or substitute thereto:

HB 811. By Messrs. Irvin of the 23rd, Larsen of the 27th, Hawes of the 43rd and others:
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 Pro tection to apply to the Superior Courts of this State for certain injunctive relief; and for other purposes.

The following Senate amendment was read:

The Senate Committee on National Resources and Environmental Quality offers the following amendment:
Amend HB 811 by deleting the following words from Section 3, page 3, lines 22 through 24:
"or if modification of the rules and regulations requires mod ification or revocation of the permit."
By deleting the comma after the word "nuisance" in Section 3 on page 3, line 22 and replacing said comma with a period.
By striking from Section 4 on line 6 of page 4 the following: "either"
and substituting in lieu thereof the following: "up to".

Mr. Irvin of the 23rd moved that the House agree to the Senate amendment to HB 811.
On the motion, the ayes were 146, nays 0.

THURSDAY, MARCH 15, 1973

3313

The motion prevailed and the Senate amendment to HB 811 was agreed to.

HB 1025. By Messrs. Cole and Poster 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.

The following Senate substitute was read:
A BILL
To be entitled an Act to create the Industrial City of Gordon, Murray and Whitfield Counties, Georgia, as a political subdivision with extraordinary powers; to provide for the corporate limits of said city; to provide for the selection and terms of office of the governing body of said Industrial City; to provide for the duties, rights, powers, im munities, exemptions and privileges of said Industrial City and the governing body thereof; to provide for the issuance, security, validation and payment of general obligation bonds, revenue bonds and notes of said Industrial City; to grant certain powers to said counties in con tracting with said Industrial City; to grant to said Industrial City cer tain powers of annexation and the power of eminent domain, the power to impose special assessments on real property therein and to levy taxes on any or all taxable property therein; to provide for the adoption and enforcement of ordinances of said Industrial City and for the adjudica tion of the validity of certain contracts of said Industrial City; to au thorize said Industrial City to exercise all powers of cities generally and also to establish one or more industrial parks, to acquire, develop, lease and sell real property, to adopt a plan or plans, to adopt zoning ordinances and building codes and enforce the same, to own stock in corporations and pledge the same, to make contracts with respect to taxation by the Industrial City or by others within its boundaries, and to furnish utility services within and without its boundaries; to provide for an Industrial Development Authority in said city; to provide for the relationship of said Industrial City to said counties, local service districts and school authorities; to provide for severability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
ARTICLE I
DEFINITIONS AND STATEMENT OF PURPOSE
Section 101. As used herein, the following words shall have the meanings indicated except where the context clearly requires otherwise:
(a) "Board" means the Board of Directors of the Industrial City.

3314

JOURNAL OF THE HOUSE,

(b) "Counties" means the Counties of Gordon, Murray and Whitfield, Georgia.

(c) "Industrial City" means the Industrial City of Gordon, Murray and Whitfield Counties, as said Industrial City is hereby established and as the boundaries thereof may from time to time be modified.

(d) "Service" means water service or sewer service, or both. "Water service" means any one or a combination of the following: obtaining, treating, transmitting or distributing water for domestic, commercial, industrial, agricultural or recreational purposes. "Sewer service" means and includes any one or a combination of the following: collection, trans mission, treatment or disposal of sanitary, storm, industrial or com mercial sewage or other liquid wastes.

(e) "System" means and includes water system or sewer system, or both. "Water system" means and includes all real and personal property included within or without the boundaries of the Industrial City which may be owned or operated by the Industrial City for the purpose of supplying water service, including licenses, franchises, easements, leases, rights-of-way, choses in action and other tangible or intangible property and rights therein. "Sewer system" means and includes all real and per sonal property included within or without the boundaries of the Indus trial City which may be owned or operated by the Industrial City for the purpose of supplying sewer service, including licenses, franchises, easements, leases, rights-of-way, choses in action and other tangible and intangible property and rights therein. "Utility system" means a system furnishing either, or both, water and sewer services.

Section 102. It is the purpose of the General Assembly of the State of Georgia, by adopting this Act pursuant to the ratification of amendments to the Constitution of Georgia upon which some of the powers herein granted may be dependent, to establish in the State of Georgia a political subdivision of a class and having powers and pur poses different from other political subdivisions. It is found and declared that in order to provide for the orderly establishment and growth of industrial, commercial and civic establishments, a political subdivision with extraordinary powers must be established prior to the develop ment of the land in which the Industrial City is hereby established so that said area may be developed in a manner consonant with sound principles of planning for land use and in accordance with standards prescribed by the laws and regulations which authorize federal aid for such development when performed by political subdivisions. It is further found and declared that such development should be carried on by, or under the direction of, public officials who are and will be politically responsible to the residents of the area affected, and for this reason this Act provides that the Industrial City hereby created shall initially be governed by officials chosen by existing governmental units and, after a sufficient number of residents to establish a viable community shall inhabit the Industrial City, that said Industrial City shall then be governed by representatives of the residents thereof in accordance with the Fourteenth Amendment to the United States Constitution.

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ARTICLE II

CREATION AND GOVERNMENT

Section 201. A political subdivision of the State of Georgia to be known as "Industrial City of Gordon, Murray and Whitfield Counties", hereafter referred to as Industrial City, is hereby created by the General Assembly of the State of Georgia. Said Industrial City shall comprise all that territory in Gordon, Murray and Whitfield Counties, Georgia, with in the following described boundaries:

"Beginning at a point in Gordon County, Georgia where the Conasauga River and land lots 17 and 20 of the 14 District third section of Gordon County intersect with said river. Thence due East along the South line of land lots 17 and 18 of the 14th District, third section, and land lots 1 and 2 of the 7th District, third section to the Northwest corner of land lot 3'4 of the 7th District third section. Thence South along the West line of land lot 34 of the 7th District, third section to the Coosawattee River. Thence East along the Coosawattee River to the Pine Chapel Road. Thence northward along the Fine Chapel Road to State Route 225. Thence northward along State Route 225 to the New Prospect Church Road in Murray County, Georgia. Thence northwesterly along the New Prospect Church Road to the Whitfield County Line. Thence southwesterly along the Tilton Bridge Road in Whitfield County, Georgia to the W & A or L & N Railroad. Thence southward along the west line of the railroad to the Gordon County line. Thence eastward along the Gordon County line to the Conasauga River. Thence south along the Conasauga River to the point of beginning."

Section 202. The governing body of said Industrial City shall be a Board of five Directors who shall serve at the compensation of $20.00 per month and who shall be reimbursed for expenses incurred on behalf of the Industrial City. Each Director shall have one vote.

Section 203. The governing body of each of the counties shall ap point one initial Director to represent such county, the Speaker of the House of Representatives shall appoint one initial Director who is quali fied to vote in one county, and the Governor shall appoint one initial Director who is qualified to vote in one county. To be effective, each such appointment of a Director must be filed with the City Clerk and ex officio Secretary of the Board of Directors. Each Director appointed by a county must be qualified to vote in the county which he represents. Prior to taking office, each Director shall take an oath or affirmation as follows: "I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of Director of Industrial City and will to the best of my ability, preserve, protect and defend the Con stitution of the State of Georgia and the Constitution of the United States of America." Each such oath or affirmation may be taken before any clerk of court or notary public and a signed copy thereof shall be filed in the records of the Industrial City.

Section 204. Every Director shall hold office for a term of six years and until his successor is selected and qualified.

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Section 205. Each term of office of a subsequently chosen Director (except Directors chosen to fill a vacancy in an unexpired term) shall commence on the first day of January following his selection and shall extend through December 31 six years thereafter and until a successor is selected and qualified. Each such subsequent Director (whether for a full term or to fill a vacancy) shall be chosen by the county which, or official who, appointed the predecessor whose position the new Director is selected to fill until the first election required under Section 206 hereof.

Section 206. On the first Tuesday of November, 1978, and on the same day of every sixth year thereafter, there shall be held an election in said Industrial City for the purpose of electing Directors, if any Directors are to be elected as provided in the remainder of this Section. Whenever, according to the most recent federal census, the portion of the Industrial City in any county contains 2,000 or more residents, an election shall be held at which all qualified electors residing in that portion of said Industrial City may vote. The candidate receiving a majority of the votes shall be declared elected by the Board of Directors upon canvassing the returns of such election and shall take office on the next succeeding January 1 or as soon thereafter as he may qualify. If no candidate receives a majority of the votes, a run-off election shall be held on the third Tuesday following such original election between the two candidates receiving the highest number of votes. Notwithstand ing the foregoing provisions, whenever, according to the most recent federal census, the Industrial City contains 6,000 or more residents, all Directors shall be elected at large. At any at-large election where more than one Director is to be elected, each qualified elector shall be entitled to vote for as many different candidates as there are positions to be filled, and every candidate receiving a number of votes equal to more than one-half of the number of voters participating in such election shall be declared to be elected. If all of the positions to be filled at such election are not so filled, a run-off election shall be held on the date above specified for run-off elections, at which the candidates shall be those candidates in the number of twice the number of positions to be filled who receive the most votes at the earlier election. At such run-off election, the candidates receiving the most votes shall be deemed elected even though one or more may have receivd Iss than a majority. In case of a vacancy in the term of office of a Director, if an election is to be held under this Section, the Board shall call such election as soon as may be after such vacancy occurs.

Section 207. Any person desiring to become a candidate in any election shall file written notice of his candidacy with the City Clerk not less than fifteen nor more than forty-five days, as prescribed by ordinance, prior to the date fixed for the holding of any such election.

Section 208. Except as otherwise provided by this charter, the elec tion of all officials of the Industrial City, where provision is made for election by the qualified voters thereof, shall be conducted as special or general elections in conformity so far as applicable to the provisions of the Georgia Municipal Election Code and Title 34A of the Code of Georgia, as it now exists or may hereafter be amended.

Section 209. In all elections held in Industrial City, the voters, in

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addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance, but the Board may, by ordinance, adopt the registration books of the counties as the official registration books of the Industrial City and may require the presence of said books, to the extent required, at the polling place or places at any election in the Industrial City.

Section 210. The Board is hereby authorized to enact by ordinance such additional rules consistent with this charter and general laws as are deemed necessary for the conduct of elections.

Section 211. The Board, in its discretion, is authorized to provide by ordinance for absentee ballots.

Section 212. Each election shall be conducted in accordance with procedures to be provided by ordinance of the Board of Directors. Such an ordinance shall be adopted prior to January 1, 1978, and shall pro vide that notice of each election held hereunder, showing the date, hours, place and names of candidates and positions to be filled, shall be given by publication or posting at least fifteen days prior to said election.

Section 213. The first meeting of the Board of Directors shall be held at the courthouse in Dalton, Georgia, on the second Monday in April, 1973, at 9:00 o'clock a.m. If less than a quorum of Directors are present at such meeting, the Directors who are so present shall adjourn to some other time and place if desired and shall continue to so adjourn until a quorum shall be present. The first meeting of the Directors at which a quorum is present shall be deemed to be the initial meeting, and at such meeting the Directors present shall take the oath of office and shall elect from their membership a Mayor and a Vice-Mayor, who shall act as Mayor in the absence of the Mayor and who shall become Mayor automatically upon the resignation, death or disqualification of the Mayor. They shall also elect a City Clerk and ex officio Secretary of the Board of Directors and a Treasurer, who may, but need not, be Directors and who may, but need not, be one and the same person. At the initial meeting or as soon thereafter as may be practical, the Board of Directors shall adopt a corporate seal, shall establish the domicile of the Industrial City and shall proceed to carry out the purposes of this Act. The Treasurer shall post and keep in effect a fidelity bond of a responsible corporate surety in the amount of $5,000 which shall be filed in the records of the Industrial City, the premium to be paid by the Industrial City.

Section 214. Three Directors shall constitute a quorum, but any lesser number may, at any regular or special meeting, adjourn from time to time.

Section 215. The Board shall hold regular meetings at least once a month at a time and place to be designated from time to time by the Board. Special meetings may be called by the Mayor or by any two Directors upon twenty-four hours' notice, which may be written or oral. Attendance at a meeting by a Director shall be conclusive evidence that such Director was properly notified of the meeting. If any Director shall fail to attend all meetings within a period of sixty days, unless

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excused by motion passed by and entered on the minutes of the Board, the office of such Director shall become vacant, and if the Director was appointed, the Secretary of the Board of Directors shall notify the ap pointing authority accordingly. Unless a replacement Director is to be elected under Section 206 hereof, the appointing authority shall appoint a qualified person to fill the vacancy.
Section 216. The Industrial City may annex additional territory by vote of three Directors if such annexation is concurred in by the gov erning body of the county in which the annexed territory lies. Upon the filing in the office of the City Clerk of the resolution of such Board annexing territory which is adjacent to the then existing Industrial City, and the filing with said City Clerk of a certified copy of the resolution of the governing body of the county in which such territory is located consenting to such annexation, the property shall be deemed annexed to the Industrial City.
Any time within 6 months after passage of this Act any property owner who owns property within the corporate limits of Industrial City may petition the Board of Directors to have their property removed from jurisdiction of said city. It shall be mandatory that the Industrial City Board of Directors remove such property from its jurisdiction.
Section 217. The Board of Directors may establish, abolish, merge or consolidate offices, positions of employment, departments and agen cies of the Industrial City; may provide that the same person shall fill a number of offices and positions of employment; may transfer or change the functions and duties of offices, positions of employment, de partments and agencies of the Industrial City; and may prescribe the duties and compensations of any office or position of employment.
Section 218. The Mayor shall be the executive head of the Indus trial City government, responsible for the efficient and orderly admin istration of the Industrial City's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and fran chises in the Industrial City, and the City Attorney shall take such legal action as the Mayor may direct for such purposes. He may conduct in quiries and investigations into the conduct of the Industrial City's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter.
Section 219. The Board of Directors may appoint a City Manager. The duties and authority of the City Manager shall be established by ordinance of the Board of Directors, and, in doing so, the Board may specifically delegate to the City Manager any of the executive, admin istrative or budgetary duties of the Mayor.
Section 220. The Board of Directors may adopt ordinances, resolu tions and motions by a majority vote of all Directors present at any meeting at which a quorum exists unless a higher number is specified in this charter. Ordinances shall become effective when published or posted in such manner as the Board of Directors may direct, and resolu tions shall become effective immediately upon adoption; however, any ordinance or resolution may by its terms provide that it take effect upon

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a later date or upon the happening of an event which may occur in the future. The Board of Directors shall act only by ordinance, resolution or motion duly made and seconded, and each such ordinance, resolution or motion, together with the names of the Directors voting for and against the same, shall be preserved in the official records of the Industrial City. The City Clerk and ex officio Secretary of the Board of Directors shall maintain and preserve the minutes of the meetings of the Board of Directors and all other city records, keeping the same available for public inspection during reasonable office hours. Said City Clerk may certify, under the seal of the Industrial City, any and all copies of official records of the Industrial City and any such copy so certified shall be deemed prima facie correct.

ARTICLE III
POWERS
Section 301. The Industrial City shall have all powers granted in this Article, as well as elsewhere in this Act. The powers hereby granted shall be liberally construed and the Industrial City, acting through its Board of Directors or through persons or corporations to whom the Board of Directors may delegate any of its powers, shall have and may exercise all powers which may reasonably be implied from the grant of powers herein made, all powers necessary or useful for carrying out the purposes of this Act, and all powers which may now or hereafter be given to any cities of the State of Georgia by general law. The In dustrial City shall have power to adopt a corporate seal, to contract and be contracted with, to sue and be sued, to receive, acquire, take and hold, whether by purchase, gift, lease, devise, condemnation or other wise, real, personal and mixed property, tangible or intangible, used or useful in connection with any power which the Industrial City may exercise.

Section 302. The Industrial City may exercise any or all of its powers within or without its corporate limits, but shall not own or operate real property or operate utility services outside of the bound aries of the counties.

Section 303. The Industrial City shall be a municipality within the meaning of Paragraph I of Section VI of Article VII of the Constitution of the State of Georgia and may exercise any power to contract which is granted by said Paragraph to municipalities or granted to municipal ities by any statute heretofore or hereafter enacted under or in pursu ance of said Paragraph I.

Section 304. The Industrial City may sell water service or sewer service, or both, to any person, firm or corporation within the counties. No franchise shall be necessary for the Industrial City to construct, install, operate, maintain or repair any utility system within the bound aries of the Industrial City; elsewhere within the counties, a franchise for not more than twenty years may be granted to the Industrial City by the governing body of the county in which the portion of the system to be operated under such franchise shall lie. The Industrial City may charge rates for utility services which shall be reasonable and sufficient

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to meet all covenants securing revenue bonds or other obligations of the Industrial City.
Section 305. The Industrial City shall have and may exercise the power of eminent domain under the laws of the State of Georgia, in cluding the provisions of Code Title 36, relating to eminent domain, as amended.
Section 306. The Industrial City may acquire, establish, construct and maintain public roads, streets, alleys and sidewalks within its boundaries and may pay the cost thereof from the proceeds of ad valorem taxes, general obligation bonds, special assessments against benefited property, gifts, grants or any other legally available funds. As to any such roads, streets, alleys and sidewalks, the Industrial City may, regardless of the source from which payment of the cost thereof was initially made, assess the property abutting the same for all or part of the cost thereof. Such assessments may be imposed in accor dance with the provisions of Code Chapter 69-4, relating to street im provements in certain municipalities, as amended, or any other appli cable general law, regardless of the population of said Industrial City. No election shall be necessary for any such law to be applicable to In dustrial City. The Industrial City may make any improvement autho rized by any such law and levy assessments to pay the cost thereof as permitted by such law.
Section 307. The Industrial City may borrow money for any of its lawful corporate purposes and may issue such warrants, notes or other obligations to evidence such borrowing as it may see fit. When money is borrowed for a period longer than one year, such borrowing shall be evidenced by bonds to be issued in accordance with Article IV hereof, except that the Industrial City may enter into long-term contracts for the purchase or construction of any real, personal or mixed property which it deems necessary. Long-term contracts for the purchase or con struction of property may be in either the form of a purchase contract or the form of a lease with an option or obligation to purchase at some time in the future. A lease-purchase agreement may extend for a period of twenty-five years or less and any other purchase agreement may extend for a period of ten years or less.
Section 308. The Industrial City may, subject to the next sentence hereof, sell, lease or otherwise dispose of any of its assets, real, personal or mixed, at such times and in such manner as the Board may deter mine; provided, that no such sale, lease or disposition shall be in viola tion of any covenant securing outstanding bonds or other evidences of indebtedness of the Industrial City.
Section 309. The Industrial City may adopt all ordinances and regulations necessary or helpful in protecting the purity of its water supply and the effectiveness of its utility system or systems, and may enforce such ordinances and regulations within or without its bound aries.
Section 310. The Industrial City may make such contracts for out side services, including fiscal, legal, investment banking, engineering, architectural, planning and development services, as it may deem nee-

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essary. No person, firm or corporation employed as a fiscal advisor may participate in the initial purchase of bonds as to which he shall have given fiscal advice, whether at public or private sale. No person, firm or corporation purchasing bonds of the Industrial City, whether alone or as part of a syndicate, shall be paid a fee for giving fiscal advice to the Industrial City as to the issue of bonds of which a portion shall have been sold to him or it.

Section 311. The Industrial City may obtain and pay for such in surance, including casualty insurance, liability insurance, workmen's compensation insurance, fidelity bonds, and insurance guaranteeing the payment of its own bonds and other obligations as it considers desirable from time to time or as may be required by any covenant securing its bonds.

Section 312. The Industrial City may construct and maintain works and establish and maintain facilities across or along any public street or highway and in, upon or over any vacant public lands, which lands are now or may become the property of the State of Georgia, and may construct works and establish and maintain facilities across any stream of water or watercourse; provided, however, that the Industrial City shall promptly restore any such street, highway, stream or watercourse to its former state of usefulness as nearly as may be and shall not use the same in such a manner as to completely or unnecessarily impair the usefulness thereof.

Section 313. The Industrial City may buy, own, sell or pledge stock in one or more corporations established under the "Georgia Business Corporation Code" of the State of Georgia (Part I of Title 22 of the Code of Georgia 1933, as amended); provided that each such corporation shall be formed for one or more purposes which the Industrial City is authorized to carry out; provided, further, that so long as any stock in such a corporation is owned by the Industrial City, a majority of the shares of stock in such corporation shall continue to be owned by the Industrial City, and that so long as any stock in such a corporation is owned by the Industrial City, a majority of the Directors of any such corporation or any subsidiary corporation or other corporation con trolled by such corporation shall be selected by the Board of Directors of the Industrial City. Any such corporation shall have all powers granted to corporations generally by said Georgia Business Corporation Code and its articles of incorporation, and shall be subject to all rules, regulations and taxes of the State of Georgia which would be applicable if said corporation were owned by private shareholders.

Section 314. The Industrial City may acquire land, whether im proved or not, and may develop the same or sell the same to others for development in furtherance of the purpose of reducing unemploy ment in the counties by assisting in the location of industrial plants and operations in the Industrial City. Any land acquired in the exercise of the power granted by this Section may be mortgaged or granted by a deed to secure debt in order to borrow money for the purchase or development, or both, of land within the Industrial City. Any such mort gage or deed to secure debt may be foreclosed the same as if it were owned by private corporations.

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Section 315. The Industrial City may require the relocation of any electric, telephone, telegraph, water, sewer or gas, or other utility lines or railroad lines, and may pay the reasonable cost thereof.

Section 316. The Industrial City may contract with the government of the United States or any agency thereof for the furnishing of any service or the construction or acquisition of any utility system or por tion thereof and may accept any grant or loan or other form of assis tance from the government of the United States or any agency thereof or of the State of Georgia.

Section 317. The Industrial City may adopt plans and specifica tions for any project which the Industrial City proposes to own or operate, which plans and specifications may from time to time be changed or modified by the Board. Such plans and specifications shall be kept in the office of the Industrial City and open to public inspection.

Section 318. The Industrial City may invest any moneys not imme diately needed by it in direct obligations of the United States of America or guaranteed by the United States, or in certificates of deposit of any bank or trust company in the United States, provided that such certif icates of deposit are secured by pledge of collateral consisting of obli gations of or guaranteed by the United States of America. The Indus trial City may also buy its own bonds or bonds of any corporation in which it owns stock and, unless bought for the purpose of cancellation, such bonds shall not be deemed cancelled by operation of law when purchased by the Industrial City.

Section 319. In the exercise of its regulation-making power, the Industrial City may compel all owners of property in the Industrial City, or in any specified part thereof, to connect all buildings which may be equipped with running water to any available sewer; it may require the occupants of such buildings to cease and desist from dis posing of sewage in any other fashion; it may submit unit bills for water and sewer services to all customers (public or private) who obtain water and sewer service from the Industrial City and may refuse to accept payment for one service without the other. The powers granted by this Section may be exercised by the Industrial City within any por tion of the Industrial City, and the power to compel connection to public sewers may be exercised with respect to any property to which a public sewer is accessible, even though such sewer may be owned by a county, corporation, firm or person other than the Industrial City.

Section 320. The Industrial City may contract with any person, firm or corporation even though one or more Directors shall have, in dividually or as a shareholder, officer, employee or partner of a cor poration or firm, an interest in the subject matter of the contract if each such Director shall have declared his interest at a public meeting of the Board and shall have refrained from voting on such contract.

Section 321. The officers, agents and employees of the Industrial City may enter public or private property for the purpose of inspecting and investigating conditions relating to water quality and sewage dis posal in the Industrial City.

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Section 322. The Board may hold hearings, receive pertinent and relevant proof from any party who appears before the Board, compel the attendance of witnesses, and make findings of fact and determina tions with respect to administering the provisions of this Act or of any ordinances or regulations of the Industrial City.

Section 323. The Board of Directors may, in lieu of or in addition to electing a Treasurer of the Industrial City, appoint a bank in the State of Georgia to perform some or all of the duties of Treasurer, including the receipt, holding and disbursement of funds, and the in vestment thereof.

Section 324. The Industrial City may contract for independent audits of its accounts. Each such audit shall be filed in the office of the Industrial City as a public record and in such other places as the Board of Directors may determine.

Section 325. The Industrial City may grant franchises or make contracts for public utilities and public services, including, but not lim ited to, those stated above, not to exceed periods of twenty years. The Board of Directors may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be pro vided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission.

Section 326. The Industrial City may provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, housing, public buildings, libraries, sewers, drains, water systems, sewer systems, air and water pollution control facilities, fire department stations and equipment, parking facilities, airports, hospitals, and charitable, educa tion, recreation, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements, inside or outside the city, and to regulate the use thereof.

Section 327. The Industrial City may prescribe standards of health and sanitation and provide for the enforcement of such standards.

Section 328. The Industrial City may provide for the collection and disposal of garbage, rubbish and refuse. Charges or fees and reasonable deposits may be imposed to cover the costs of such services.

Section 329. The Industrial City may define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, morale, safety, security, peace, convenience or general welfare of inhabitants of the Industrial City.

Section 330. The Industrial City may define a nuisance in the In dustrial City and provide for its abatement. The Industrial City may provide by ordinance for any building, structure or condition maintained in violation of any valid law of this State or any valid ordinance of the Industrial City to be adjudged a nuisance and for its abatement at

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the owner's expense upon his failure or refusal to abate the same within ten days after written notice from the Industrial City to do so.

Section 331. The Industrial City may regulate and license or pro hibit the keeping or running at large of animals and fowl and provide for the impoundment of same in violation of any ordinance or lawful orders. The Industrial City may also provide for their disposition, by sale, gift or humane destruction, when not redeemed as provided by ordinance and provide punishment for violation of ordinances enacted hereunder.

Section 332. The Industrial City may regulate and license vehicles operated for hire in the Industrial City, limit the number of such ve hicles, require the operators thereof to be licensed, require public lia bility insurance on such vehicles in amounts prescribed by ordinance, and regulate and rent parking spaces in public ways for the use of such vehicles.

Section 333. The Industrial City may provide that upon the con viction of the violation of any ordinance, rule, regulation or order, the offender may be punished, within limitations prescribed by the Board of Directors in such ordinance, rule, regulation or order, by fine of not over $500.00 or by imprisonment for not over sixty days for each offense.

Section 334. The Industrial City may exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or de sirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals and general welfare of the Indus trial City and its inhabitants. The Industrial City may exercise all im plied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein, and exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this Act shall be held to be exclusive of others, nor restrictive of general works and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited under the Con stitution or applicable public acts of the State.

Section 335. The Industrial City may levy taxes and make appro priations for the purpose of advertising said Industrial City and its advantages and resources so as to bring new capital and commercial, manufacturing and other enterprises into the Industrial City.

Section 336. The Industrial City may levy taxes and make payment from the general revenues and funds of the Industrial City for the support of public hospitals and libraries.

Section 337. The Industrial City may regulate and control public streets, public alleys and ways, and, provided that adequate and rea sonable notice is given, the Board of Directors, may, in its discretion, by ordinance, alter, open or close public streets, public alleys and ways.

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Section 338. The Industrial City may exercise full police power, including the power of arrest, through duly appointed policemen.

Section 339. The Board of Directors may create and establish a planning commission pursuant to the provisions of general laws as they now exist or as they may hereafter be amended.

Section 340. The Industrial City may provide for zoning and plan ning within and without its boundaries in accordance with an Act relat ing to zoning and planning in municipalities, approved January 31, 1946 (Ga. Laws 1946, p. 191), as amended, and an Act authorizing planning commissions, approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended.

Section 341. The Board of Directors may, by ordinance, adopt and thereafter, by ordinance, amend a building code and a system of issuing and enforcing building permits so as to enforce said building code and any zoning ordinances which it may have adopted. Any such building code may contain all matters common to building codes generally, in cluding requirements to assure the health and safety of the inhabitants of residences and of employees or others working in any building or structure within the jurisdiction of the Industrial City. Any such build ing code may be adopted by an ordinance which refers to such code as
an attached exhibit, and if such ordinance shows that three copies of
said code are available for public inspection during reasonable office
hours at the office of the City Clerk, the code itself need not be pub-'
lished or posted and such ordinance shall take effect when duly pub
lished or posted without said code attached.

Section 342. The Industrial City may impose service charges for po'.ice protection, or the use or availability of any one or more services or facilities mentioned in Section 326 hereof, on a nondiscriminatory basis against all ownars or tenants of real property in the Industrial City whether the service or facility for which the charge is made shall be performed or made available by the Industrial City or by one or more of the counties. Such service charges may be pledged or assigned to the county performing the service involved and may, if so agreed in the contract between the Industrial City and the county governing such service, constitute the sole source of such payment. Such charges may be fixed by contract or lease with the lessee of any land owned by the city, or may be reserved for a period not exceeding forty years by con tract or in any deed granting property from the Industrial City to any purchaser thereof, subject to revision as to amount in either case, from time to time, as provided in such lease, contract or deed.

Section 343. The Industrial City may grant franchises for periods of not exceeding ten years to public or private corporations for use of the Industrial City streets under conditions which do not (except for temporary construction and installation periods) interfere with the use by the public of such streets.

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ARTICLE IV

FISCAL ADMINISTRATION

Section 401. All property subject to taxation for state or county purposes, assessed as of January 1 of each year, shall be subject to the property tax levied by the Industrial City. The Board of Directors, by ordinance, may elect to use the county assessments for the year in which the Industrial City taxes are to be levied, or may provide for an in dependent Industrial City evaluation or assessment as provided by Geor gia law.

Section 402. The Board of Directors shall be authorized to pre scribe by ordinance the manner in which ad valorem taxes on real and personal property within the corporate limits of the Industrial City shall be listed, assessed and collected.

Section 403. The Board of Directors shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the Industrial City for the purpose of raising revenues to de fray the costs of operating the Industrial City government, providing governmental services, and for any other public purpose as determined by the Board in its discretion. The Board is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The Industrial City is hereby exempted from the provisions of Georgia Code Sections 92-4101 through 92-4104, inclusive.

Section 404. The Board shall provide by ordinance when the taxes of the Industrial City shall be due and in what length of time said taxes may be paid, and shall provided by ordinance for the payment of taxes due to the Industrial City either in installments or in one lump sum, in its discretion. The Board shall also provide for how and upon what terms such taxes shall be due and payable and may authorize voluntary payment of taxes prior to the time when due.

Section 405. The Board may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the City Clerk and executed by any police officer of the Industrial City or other person appointed by the Board under the same procedure provided by the laws governing execution of such process from the superior courts of Georgia or by the use of any other legal processes and remedies provided by Georgia law. Industrial City property taxes are levied as of the assessment date of January 1 of each year and shall constiute a lien which shall be superior to all other liens, except that it shall have equal dignity with those of the state or county taxes.

Section 406. The Board may provide by ordinance for the levy of such license and occupation taxes upon the residents of the Industrial City, both individual and corporate, and upon all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the Board may deem expedient for the public health, safety, benefit, convenience or advantage of the Industrial City. The Board shall have the power to classify businesses, occupations, professions or callings for the purpose of taxation in any

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way which may be lawful, to require such persons to procure appro priate licenses, to compel payment for such licenses, to provide, by ordinance, rules and regulations necessary or proper to carry out the
powers herein conferred, and to prescribe penalties for the violation thereof.

Section 407. The City Clerk shall be authorized to transfer or assign any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the city, the owner of such prop erty in fee simple or lesser interest shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be provided by law from time to time.

Section 408. The Board shall have the powBr to issue general obligation bonds for the purpose of paying the cost of any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

Section 409. The Board of Directors shall, by ordinance, set the fiscal year and set the procedures to be followed in adopting, changing and following the annual budget.

Section 410. Revenue bonds may be issued by the Industrial City and may be validated as now or hereafter provided by an Act known as the "Revenue Bond Law", approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, for any purpose authorized by said law.

Section 411. The Board may provide that an issue of revenue bonds be secured by a trust indenture with any trust company or bank having trust powers within or without the State of Georgia. Such indenture may, but need not, constitute a mortgage, in the discretion of the Board, and may contain all or any provisions customarily found in indentures under which are issued securities of private corporations commonly sold in interstate commerce.

Section 412. All revenue bonds of the Industrial City shall be in vestment securities under the Uniform Commercial Code. It shall not be necessary to file any financing or continuation statement to protect the interest of the bondholders in the revenues pledged to the payment of their bonds or in the continued operation and maintenance, or the construction or other acquisition of the facilities from the revenues of which their bonds are payable.

Section 413. Revenue bonds of the Industrial City may be validated in accordance with the Revenue Bond Act above mentioned in the su-

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JOURNAL OF THE HOUSE,
perior courts of Gordon, Murray and Whitfield Counties. If such bonds are payable from revenues to be derived from payments to be made pursuant to contract by one or more municipalities or other political subdivisions or corporations, public or private, and if the petition seeking the validation of such bonds or the answer of the Industrial City shall so request, the validity and enforceability of such contract may be decided upon validation, the other contracting parties being made parties to such validation proceeding.
Section 414. As part of the security of any revenue bonds, the Industrial City may covenant that some or all payments to be made to it under any contract or contracts with any municipality or other political subdivision, public or private corporation, or person, shall be paid directly to a trustee and applied by said trustee as directed by the proceedings authorizing such bonds. Such proceedings may further assign to the trustee any or all rights of the Industrial City under any such contract or contracts and may authorize the trustee in its own name or in the name of the Industrial City to bring such suit on any such contract or take such other action as it deems advisable for the security of the holders of the bonds.
Section 415. Whenever any bonds (whether revenue bonds or gen eral obligation bonds) of the Industrial City shall have been authorized ad validated, the Industrial City is authorized to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and within the au thorized maximum amount of such bond issue. Any such loan shall mature within three years after the date on which the issuance of such bonds shall have been authorized. Bond anticipation notes shall be issued for all moneys borrowed under the provisions of this Section, and such notes may be renewed from time to time, but all such notes shall ma ture within the time above limited for the maturity of the original loan, except that if the bonds are offered for public sale at the maximum rate specified in the validation petition and no bids are recevied, said notes may be renewed for a period ending six months from the date of said attempted public sale. Subsequent six-month renewals may be made after attempted public sales of the bonds until the bonds are sold or other provision made for payment of the notes. Such notes shall be authorized by resolution of the Board and shall be in such denomination or denominations, shall bear interest at such rate or rates not exceeding the maximum rate permitted by the resolution atuhorizing the issuance of the bonds, shall be in such form and shall be executed in such man ner, all as the Board shall prescribe. Such notes may be sold at either public or private sale or, if such notes shall be renewal notes, they may be exchanged for notes then outstanding on such terms as the Board shall determine. The Board may, in its discretion, retire any such notes by means of current revenues, in lieu of retiring them by means of bonds; provided, however, that before the retirement of such notes by any means other than the issuance of bonds, it shall amend or repeal the resolution authorizing the issuance of the bonds in anticipation of the proceeds of the sale of which such notes shall have been issued so as to reduce the authorized amount of the bond issue by the amount of the notes so retired.
Section 416. The Industrial City may refund any of its revenue bonds or general obligations bonds, whether by exchange of refunding

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bonds for refunded bonds, by sale of refunding bonds and simultaneous payment and cancellation of the bonds refunded, or by sale of the re funding bonds and the deposit in escrow and investment of refunding bond proceeds, until a date upon which the bonds to be refunded can be paid in accordance with their terms.

Section 417. In case any revenue bond or general obligation bond shall be mutilated, lost, destroyed or improperly cancelled, the Industrial City may issue a replacement bond, which shall not be deemed an overissue.

ARTICLE V

INDUSTRIAL DEVELOPMENT AUTHORITY
Section 501. An industrial development authority, to be known as the Gordon, Murray and Whitfield Counties Industrial Development Authority and to be governed by directors appointed by the Board of Directors of the Industriay City, is hereby created and empowered to exercise all of the powers provided in Article VII, Section VII, Para graph V-A of the Constitution of the State of Georgia and the Indus trial Development Authorities Law, approved April 12, 1963 (Ga. Laws 1963, p. 531), as amended. Said Authority shall have all the duties, powers, privileges and immunities specified by said provision of the Georgia Constitution and said Industrial Development Authorities Law. Revenue bonds of said Authority may be validated in the superior courts of Murray, Gordon and Whitfield Counties.

ARTICLE VI
RELATIONSHIP WITH COUNTIES
Section 601. The Industrial City is expected, for a temporary period, to rely upon one or more of the counties to furnish some serv ices within the Industrial City which the Industrial City will later ex pect to perform on its own behalf. Other services may prove most efficiently performed if performed by one or more of the counties in the Industrial City for an extended period of time. For this reason, each of the counties is hereby empowerd, at the request of the Industrial City expressed by resolution of its Board of Directors, to exercise any of its powers throughout the territorial limits of the Industrial City and within such wider area as the Industrial City may have limited juris diction over, even though partly outside of such county.
Section 602. The Industrial City and any county may make any contract as to the performance of any service or function which both are authorized to perform to the full extent permitted by Article VII, Section VI, Paragraph I of the Constitution of the State of Georgia.
Section 603. Any such contract may provide that the Industrial City shall pay for any service provided thereunder, for a period of not to exceed forty years, from the proceeds of any designated revenues, or from the proceeds of ad valorem taxes, or both. If so provided by any

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such contract, the obligation of the Industrial City to continue to make such payments, and to maintain the availability of the source thereof, shall be irrevocable and not subject to impairment by said Industrial City or by the General Assembly of the State of Georgia.
Section 604. None of the counties may levy a tax for roads and bridges against property in the Industrial City at a rate higher than four mills on the dollar of assessed valuation without the consent of the Board of Directors.
Section 605. The Industrial City may assess property for taxation by any official of the Industrial City authorized by ordinance to do so, or it may use the tax digests of the counties, as provided in Section 401 hereof. All taxable property in the Industrial City shall be assessed uniformly for state and county purposes by the three counties. The Three counties may, by resolutions of their governing bodies, agree that the assessing official of one of said counties shall assess all of the taxable property in the Industrial City for state and county purposes so as to insure uniformity of taxation. If such an arrangement is adopted, the assessments so made shall be subject to equalization as other assessments of the county in which the assessing official holds office.
Section 606. None of the counties, nor any municipality, shall have power or atuhority to enforce any building code or zoning ordinance over territory within the boundaries of said Industrial City, as de scribed in Section 201 hereof or as it may from time to time be en larged, except with the consent of the Board of Directors entered on the minutes of the Board. No such consent may be effective for more than ten years, but any such consent may be renewed from time to time for periods of not over ten years each.
Section 607. The Industrial City and the governing body of each or any school district or other public board, commission or official having charge of the operation of public schools or the raising of money for their support or the incurring of indebtedness for school improve ments now or hereafter established, may enter into agreements, ex tending for not longer than ten years each and subject to successive renewals for periods of not longer than ten years each,, governing the furnishing of education in the Industrial City, the imposition and col lection of taxes (ad valorem taxes, excise taxes or other taxes) within said Industrial City, and the construction or other acquisition of and payment for educational (including recreational) facilities. Such con tracts may provide for the payment of educational costs by the Industrail City or by the imposition and collection of taxes or service charges on a uniform basis within the Industrial City, may provide for the use of any building or buildings (whether public or private) with the con sent of the owner or lessee for both educational purposes and other purposes, and may provide for the use of park and recreational facilities, for use partly by the public and partly for school purposes. Any such contract may restrict or prohibit the imposition of taxes for school purposes on property in the Industrial City if the parties to such con tract both agree in said contract that the compensation to be received from the Industrial City, its residents, other occupants (including per sons and corporations doing business therein) and property will equal

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or exceed the aggregate cost of furnishing educational services to the inhabitants of the Industrial City.

Section 608. No local service districts for the furnishing of water, sewerage service, other utility service, fire protection, libraries, hos pital services, public transportation, airports, or other governmentally supplied services shall be formed to contain any territory within the Industrial City except by consent of the Board of Directors. The Board of Directors is hereby authorized to assume control of any such dis tricts as may now be wholly located in said Industrial City, or may contract with any such district partially located therein to the same extent as with a county, or may acquire any facilities located in the Industrial City and owned or operated by any such district, by the exercise of the power of eminent domain.

ARTICLE VII
EFFECT OF THIS ACT
Section 701. This Act, being for the creation of a political sub division is an area to be thickly inhabited, rather than in an area already so inhabited, shall not be and is not subject to the provisions of an Act relating to minimum standards for new municipalities, approved April 2, 1963 (Ga. Laws 1963, p. 251), as amended.
Section 702. The purpose of this Act being the establishment of a planned community, the powers hereby granted to, and the restrictions imposed on, the Industrial City shall be construed to accommodate that end, particularly with respect to the powers of planning, zoning and adopting building codes. In addition to the powers with respect to such matters herein delegated to it, the Industrial City shall have the power to exercise planned unit zoning. Such power shall include the power to plan for the use of all land within the Industrial City, whether publicly or privately owned, and to accomplish such plan as it may from time to time be modified, by zoning ordinances and regulations, building codes and other ordinances, resolutions and regulations, or restrictions in contracts, deeds and leases. Such planning may take account of eco nomic, aesthetic and environmental factors, as well as other factors normally permitted by law.
Section 703. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sec tions, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 704. All laws and parts of laws in conflict with this Act are hereby repealed.

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Mr. Cole of the 6th moved that the House agree to the Senate substitute to HB 1025.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 1025 was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 14. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 79A-99 so as to change the penalty for possession of one ounce or less of marijuana from imprisonment for a period not be exceed "one year" to imprison ment for a period not to exceed "twelve months"; and for other pur poses.

The following report of the Committee of Conference was read:

CONFERENCE COMMITTEE REPORT ON SB 14

Mr. President and Mr. Speaker:

Your Conference Committee on SB 14 has met and submits the following recommendations:

That the House and Senate recede from their respective positions and that the attached Substitute to SB 14 be adopted.

FOR THE SENATE
I si Culver Kidd Senator, 25th District
I si MayIon K. London Senator, 50th District
Isl James L. Lester Senator, 23rd District

Respectfully submitted,
FOR THE HOUSE
I si Ken Nix Representative, 20th District
I si G. Robert Howard Representative, 19th District
Isl 3. Robin Harris Representative, 51st District

CONFERENCE COMMITTEE SUBSTITUTE TO SB 14

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

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3333

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 imprisonment for a period not to exceed "one year" to imprisonment for a period not to exceed "twelve months"; 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 79A-99, relating to penalties for violating the criminal provisions of Title 79A of the Georgia Code, relating to pharmacists, pharmacy and drugs, as amended, is hereby amended by striking the last sentence of Code Section 79A-9917 in its entirety and inserting in lieu thereof a new paragraph, to read as follows:

"Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which possession is of one ounce or less, and such person would have qualified for the condi tional discharge provided for herein but for the fact that the judge chose not to avail himself of the authority granted by this Section or that the person violated the conditions imposed by the court, shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed twelve months or a fine not to exceed $1,000, or both. Subsequent offenses shall be punished as provided by law."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Mr. Harris of the 51st moved that the House adopt the report of the Com mittee of Conference.

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 Berry

Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray 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

3334
Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Ezzard Farrar 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. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson

JOURNAL OF THE HOUSE,

Irvin, J. Irvin, R. Irwin, J. 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 Lewis Logan Lowry Marcus Mason Matthews, C. Mauldin McCracken 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 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 Vaughn Waddle Walker Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. Wall.

Those not voting were Messrs.:

Berlin Blackshear Buck Busbee Evans Floyd, J. H.

Groover Jessup Matthews, D. R. Murphy Phillips, G. S. Phillips, L. L.

Ritchie Smith, J. R. Thomason Ware Mr. Speaker

THURSDAY, MARCH 15, 1973 On the motion, the ayes were 162, nays 1.

3335

The report of the Committee of Conference on SB 14 was adopted.

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

SB 276. By Senator Smith of the 34th:
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.

SB 412. By Senator Stephens of the 36th:
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.

SB 420. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blue Ridge, so as to change the maximum ad valorem tax rate which may be levied by the mayor and councilmen of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

The following Bills and Resolution of the House were taken up for the pur pose of considering the Senate amendments or substitutes thereto:

HB 1138. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to fix the compensation for coroners in certain counties; and for other purposes.

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The following Senate amendment was read:

Senator Salter of the 17th moves to amend HB 1138 as follows: By striking from Section 1 on line 9 of page 1, the following: "one hundred fifty dollars ($150.00)",
and inserting in lieu thereof the following: "one hundred twenty-five dollars ($125.00)".

Mr. Tucker of the 69th moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 105, nays 0.

The Senate amendment to HB 1138 was agreed to.

HB 1140. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act so as to change the expense allowance of the Chairman and other members of the Board of Com missioners of Henry County; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating a Board of Com missioners of Henry County, approved August 8, 1921 (Ga. Laws 1921, p. 490), as amended, so as to change the expense allowance of the Chairman and other members of the Board; to provide for an additional expense allowance for the purpose of attending short courses, seminars and conferences; 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 a Board of Commissioners of Henry County, approved August 8, 1921 (Ga. Laws 1921, p. 490), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:

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"Section 1. A Board of Commissioners of Henry County, Geor gia, is hereby created. Said Board shall consist of five (5) persons who shall reside in said county and in the commissioner district from which they are elected, respectively. Said commissioners shall be elected by the qualified voters of the entire county. Said com missioners shall serve a term of office of four (4) years and until their successors are elected and qualified. The compensation of the Chairman of the Board shall be $2,500.00 per annum, payable monthly out of the general funds of Henry County. The compensa tion of the other members of the Board shall be $1,500.00 per an num, payable monthly out of the general funds of Henry County. Each political party holding a primary in Henry County for the purpose of nominating candidates for election as members of the Board of Commissioners of Henry County shall provide for the nomination of such candidates by the qualified voters of the entire county. The Chairman and each of the other four (4) members of the Board shall also receive an expense allowance of $1,200.00 per annum, payable monthly out of the funds of Henry County. The Chairman and the other members of the Board shall each receive an additional expense allowance of $100.00 annually for the purpose of attending short courses, seminars and conferences to defray the cost of meals, lodging, transportation and the payment of registra tion fees to attend such meetings."

Section 2. This Act shall become effective on June 1, 1973.

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

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

Mr. Tucker of the 69th moves to amend the Senate Amendment to House Bill No. 1140 as follows:
By striking quoted Section 1 of Section 1 in its entirety and insert ing in lieu thereof a new quoted Section 1 of Section 1, to read as follows:
"Section 1. A Board of Commissioners of Henry County, Geor gia, is hereby created. Said Board shall consist of five (5) persons who shall reside in said county and in the commissioner district from which they are elected, respectively. Said commissioners shall be elected by the qualified voters of the entire county. Said com missioners shall each serve a term of office of four (4) years and until their respective successors are elected and qualified. The com pensation of the Chairman of the Board shall be $3,600.00 per an num. The compensation of the Vice-Chairman shall be $2,700.00 per annum, and the compensation of the other members of the Board shall be $2,400.00 per annum. Said salaries shall be payable in equal monthly installments out of the general funds of Henry County. The Chairman and each of the other four (4) members of the Board shall also receive an expense allowance of $1,200.00 per annum, pay-

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able in equal monthly installments out of the funds of Henry Coun ty. The Chairman and the other members of the Board shall each receive an additional expense allowance of $100.00 annually for the purpose of attending short courses, seminars and conferences to defray the cost of meals, lodging, transportation and the payment of registration fees to attend such meetings."

Mr. Tucker of the 69th moved that the House agree to the Senate substitute, as amended by the House.

On the motion to agree, the ayes were 105, nays 0.

The Senate substitute to HB 1140 was agreed to, as amended by the House.

HB 1136. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the members of the Henry County Water and Sewerage Authority; and for other purposes.

The following Senate amendment was read:

Senator Salter of the 17th moves to amend HB 1136 as follows: By striking from the title on line 6 of page 1 the following: "remove",
and inserting in lieu thereof the following: "change".
By inserting, following the word "services", on line 23 of page 2, the following:
"not to exceed 26 meetings during any one calendar year".

The following amendment to the Senate amendment was read and adopted:

Mr. Tucker of the 69th moves to amend the Senate Amendment to House Bill No. 1136 as follows:

THURSDAY, MARCH 15, 1973

3339

By striking from the last sentence of quoted Section 4 of Section 1 the figure "26" and inserting in lieu thereof the figure "36".

Mr. Tucker of the 69th moved that the House agree to the Senate amendment, as amended by the House.

On the motion to agree, the ayes were 105, nays 0.

The Senate amendment to HB 1136 was agreed to, as amended by the House.

HB 1139. By Mr. Tucker of the 69th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the Sheriff, the Clerk of the Superior Court and the Ordi nary of Henry County; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, approved March 25, 1958 (Ga. Laws 1958, p. 3127), as amended, particularly by an Act approved April 1, 1969 (Ga. Laws 1969, p. 2446), so as to change the compensation of the sheriff, the chief deputy sheriff, the clerk of the superior court and the ordinary of Henry County; to change the pro visions relating to deputies and assistants of the sheriff and their compensation; to change the provisions relating to vehicles of the sheriff; to provide for an expense allowance for the sheriff, the clerk of the superior court, the ordinary and the tax commissioner of Henry County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act placing the sheriff, the clerk of the super'jr court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, approved March 25, 1958 (Ga. Laws 1958, p. 3127), as amended, particularly by an Act approved April 1, 1969 (Ga. Laws 1969, p. 2446), is hereby amended by striking Section 2 in its entirety, and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. The salary of the sheriff of Henry County shall be $12,000 per year to be paid in equal monthly installments out

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JOURNAL OF THE HOUSE,

of county funds. The sheriff shall be authorized to employ one chief deputy, who shall be paid a salary of $8,200 per year to be paid in equal monthly installments out of county funds. The sheriff shall be authorized to employ three deputies, who shall be paid a salary of $7,200 per year each, to be paid in equal monthly install ments out of county funds. The governing authority of Henry County shall furnish suitable vehicles to the sheriff, chief deputy and deputy sheriffs and pay the expenses of operation of same, for the use of said sheriff, chief deputy and deputy sheriffs in the performance of their official duties."

Section 2. Said Act is further amended by striking Section 3 in its entirety, and inserting in lieu thereof a new Section 3, to read as follows:

"Section 3. The clerk of the superior court of Henry County shall be paid a salary of $9,500 per year to be paid in equal monthly installments out of county funds. The clerk of the superior court is hereby authorized to employ such deputies and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of Henry County."

Section 3. Said Act is further amended by striking Section 4 in its entirety, and inserting in lieu thereof a new Section 4, to read as follows:

"Section 4. The ordinary of Henry County shall be paid a salary of $9,000 per year to be paid in equal monthly installments out of county funds. The ordinary is hereby authorized to employ such clerks and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such clerks and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of Henry County."

Section 4. Said Act is further amended by adding a new Section, immediately following Section 4A, to be designated Section 4B, to read as follows:

"Section 4B. The sheriff, the clerk of the superior court, the ordinary and the tax commissioner shall each receive an annual expense allowance of one hundred dollars ($100.00) for travel and expenses while on official business. Such expense allowance shall be in addition to all other compensation and expenses authorized by law for such officers."

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

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

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3341

Mr. Tucker of the 69th moves to amend the Senate Substitute to House Bill 1139 as follows:

By striking quoted Section 2 of Section 1 in its entirety and inserting in lieu thereof a new quoted Section 2 of Section 1, to read as follows:

"Section 2. The salary of the sheriff of Henry County shall be $12,500 per year to be paid in equal monthly installments out of county funds. The sheriff shall be authorized to employ one chief deputy, who shall be paid a salary of $8,200 per year to be paid in equal monthly installments out of county funds. In addition to the chief deputy, the sheriff is hereby authorized to employ other deputies and assistants and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the governing authority of Henry County. The governing authority of Henry County shall furnish suitable vehicles to the sheriff and chief deputy sheriff and pay the expenses of operation of same, for the use of said sheriff and chief deputy sheriff in the performance of their official duties."

Mr. Tucker of the 69th moved that the House agree to the Senate substitute, as amended by the House.

On the motion to agree, the ayes were 105, nays 0.

The Senate substitute to HB 1139 was agreed to, as amended by the House.

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 benefits to certain persons; and for other purposes.

The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution to authorize the City Council of the City of East Point to provide by ordinance from time to time for the increase of retirement or pension benefits of retired persons who retired, at any time prior to January 1, 1975, pursuant to any retirement system, pension system or any similar system heretofore created by law or by the governing authority of the City of East Point and to authorize the City Council of said City to ap propriate funds for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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JOURNAL OP THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding to the end thereof the following:

"Any other provision of this Constitution to the contrary not withstanding the City Council of the City of East Point is hereby authorized to provide from time to time for the increase of retire ment or pension benefits of retired persons who retired, at any time prior to January 1, 1975, pursuant to any retirement system, pension system or any similar system heretofore created by law or by the governing authority of the City of East Point. All funds of any such retirement system may be utilized for the purpose provided herein."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, 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 an increase in retirement benefits of retired employees of the City of East Point?"

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 by said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Mr. Lane of the 40th moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 130, nays 0.

The Senate substitute to HR 107-376 was agreed to.

Mr. Nessmith of the 76th gave notice that at the proper time he would move that the House reconsider its action in passing the following Bill of the Senate:

SB 156. By Senator Barker of the 18th: A Bill to be entitled an Act to amend an Act, relating to game and

THURSDAY, MARCH 15, 1973

3343

fish laws, so as to provide for the safety of citizens in connection with the activities regulated by the provisions of said Act; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

SR 119. By Senator Brown of the 47th:
A Resolution authorizing the severing of Tract 3 from that lease dated January 12, 1960, as amended; and for other purposes.

The Speaker resolved the House into a Committee of the Whole House for the purpose of considering SR 119, and appointed Mr. Colwell of the 4th as the Chairman thereof.

The Committee of the Whole House arose and through its Chairman, Mr. Colwell of the 4th, reported SR 119 back to the House with the request that said Committee be allowed to sit again on March 16, 1973, for the purpose of again considering the matter.

The request was granted.

The Speaker called the House to order.

The following Resolution of the House was read and adopted:

HR 376. By Messrs. Smith of the 91st, Wood of the 9th, Ware of the 65th and many others:
A RESOLUTION
Commending Georgia's "Prisoners of War"; and for other purposes.
WHEREAS, a number of Georgians were among the Prisoners of War recently released from North Vietnam after many years of con finement; and
WHEREAS, these men exhibited true faith and allegiance to the Government of the United States during their long years of captivity; and

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JOURNAL OF THE HOUSE,
WHEREAS, their families demonstrated exceptional courage and faith throughout their imprisonment; and
WHEREAS, each one of these men reflects great credit upon himself and the United States and particularly the armed forces of this country; and
WHEREAS, these outstanding citizens of Georgia are excellent examples of ability, courage, devotion to duty and loyalty by members of the armed forces of the United States while serving their country; and
WHEREAS, it is the desire of the members of this Body to accord these distinguished Georgians the special recognition they so richly deserve.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend the Georgia POW's for the outstanding service they have rendered to their country and extend to them a most cordial "Welcome Home" from their many years of confinement in prison in North Vietnam.

Mr. Odom of the 14th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning.

The motion prevailed and the Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

FRIDAY, MARCH 16, 1973

3345

Representative Hall, Atlanta, Georgia Friday, March 16, 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 devotion and prayer was offered by Rev. L. G. Gilstrap, Pastor, Murrayville Assembly of God, Murrayville, Georgia and Journal Clerk of the House:
Mr. Speaker, Ladies and Gentlemen:
Although you have awarded me the high honor of serving you in the House for many years and as chaplain for a number of times, I have never once taken the privilege lightly or for granted. Thank you for allowing me to pray for you today.
The Bible used the very simplest object lessons to teach us how to live. In fact Job says in Chapter 12, verses 7 and 8:
But ask now the beasts, and they shall teach thee; and the fowls of the air and they shall tell thee: Or speak to the earth, and it shall teach thee; and the fishes of the sea shall declare unto thee.
I think maybe what he is really saying to us is:
Ask the horse:--Learn how to be swift and strong
Ask the swan:--Learn how to be graceful
Ask the dog:--Learn faithfulness
Ask the dove:--Learn how to be true
Ask the kitten:--Learn to be inquisitive about things you don't know
Ask the lion:--Learn how to have a strong heart
Ask the eagle:--Be able to soar above the clouds of doubt and criticism
Ask the elephant:--How to remember those who put us where we are
And may I respectfully suggest to you and I especially who are in the public view constantly, that we can learn perhaps the biggest lesson of all from the proverbially dumb equine:
How to have a hide as tough as a mule.

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JOURNAL OF THE HOUSE,
Let us pray.
Lord, there's 44 down, 1 day to go. Only one--and even a long, long day is a very short time. Far too short to finish what we've begun. For some of us today is the end of this General Assembly. Soon the halls will be lifeless and dark and the busy hours of debate and decisions, meetings and minutes will remain only in our memories and in the historical journals of this State. But for these legislators, today is not the end of the session. . . . rather, it's a beginning of their two-year term. A term that will bring happiness and heartache, applause and anger. They will face and reface their votes on issues here. Their decisions, good and bad will continue in the annals of history and in the minds of their constituents. May we all realize that our jobs here and away are far too important and our problems far too complex to try and work them out alone.
We need you, 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. First reading and reference of Senate Bills and Resolutions.

FRIDAY, MARCH 16, 1973

3347

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 16, 1973, and submits the following:
SB 12. Motor Vehicle, Financial Responsibility SB 21. Ga. Records Authorities, Term Agency SB 31. Capital Crime, Grand Jury, Accusation SB 39. Civil Cases, Trial Procedures SB 42. Superior Court Judge Emeritus, widow's benefits SB 43. Employees' Ret. System, mandatory retirement age SR 85. City, County, Incurred Debt SB 102. County Manager Form of Government SR 119. Lease dated 1/12/60, Tract 3--P.P. SB 135. Juvenile Court, Judge, Expenses SB 136. Vehicle #1 SR 138. Dept. of Transportation, Directional signs SR 142. Timber, North Georgia Mountains, Halt Cutting SB 167. Trucks, Drivers' Multiple Lane Streets SR 178. Designating the L. C. Moone Road SB 196. Motor Vehicle Certificate of Title SB 209. Prisoner, Serve Time 30 days after conviction SB 232. Loiter, Public School Premises SB 236. Unif. Reciprocal Enforcement of Support, amend SB 272. State Employees, Travel Expenses SB 307. Vehicle #2 SB 310. Executive Adm. Trustee Etc, Bond, Value of Estate SB 311. Executive Adm. Trustee Etc., Bond SB 331. Guardian Appointment, Physicians Certificate SB 335. Grants, Citizens Attend, Independent Colleges SB 353. Nonprofit Coop. Assn., Agri. Products SB 372. Firearms & Weapons Act, Amend SB 377. State Properties Control Code, Amend SB 394. Municipal Home Rule, Officials, Salaries
ALL COMPENSATION RESOLUTIONS

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JOURNAL OF THE HOUSE,

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.

Respectfully submitted, Lambert of the 97th, Vice-Chairman

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

SB 276. By Senator Smith of the 34th:
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.

SB 412. By Senator Stephens of the 36th:
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.

SB 420. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Blue Ridge, so as to change the maximum ad valorem tax rate which may be levied by the mayor and councilmen of said city; and for other purposes.

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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 326.
Respectfully submitted, Roach of the 8th, Chairman.

FRIDAY, MARCH 16, 1973

3349

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 Senate and has instructed me to report same back to the House with the following recommendations:
SB 53. Do Pass. SB 54. Do Pass. SB 92. Do Pass. SB 93. Do Pass. SB 94. Do Pass. SB 139. Do Pass, as Amended. SB 189. Do Pass. SB 239. Do Pass. SB 240. Do Pass. SB 368. Do Pass. SB 398. Do Pass. SB 419. Do Pass. HB 1230. Do Pass. HB 1237. Do Pass. SB 79. Do Pass. SB 80. Do Pass. SB 218. Do Pass. SB 242. Do Pass. SB 243. Do Pass. SB 263. Do Pass. SB 389. Do Pass. SB 399. Do Pass. SB 404. Do Pass. SB 405. Do Pass. SB 414. Do Pass.

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JOURNAL OF THE HOUSE,

SB 415. Do Pass. SB 417. Do Pass. SB 82. Do Pass.

Respectfully submitted, Levitas of the 50th, Chairman.

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 following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 348. Do Pass, by Substitute.
Respectfully submitted, Wamble of the 120th, Chairman.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

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 for other purposes.

The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves
to amend Senate Bill 139 as follows: By striking from Section 1 the following: "$23,000.00", and inserting in lieu thereof the following: "$25,000.00".

FRIDAY, MARCH 16, 1973

3351

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

On the passage of the Bill, as amended, the ayes were 111, nays 0.

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

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, as amended, so as to place assistant district attorneys under the Fulton County Pension and Retirement Fund; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 54. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act to provide for the retire ment of the judges and solicitor general of the Criminal Court of Fulton County; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 92. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an act providing for pension and retirement pay to teachers and employees of the board of education; 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 111, nays 0.

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

SB 93. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act providing for pension and retirement pay to teachers and employees of the board of education, so as to increase the amount of dependent benefits from 60% to 70%; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 94. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act to provide in Fulton County a system for pensions to teachers and employees, so as to provide for certain prior service credit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.

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

SB 189. By Senator Coverdell of the 40th:
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 compensation of the board by increasing the members thereof; and for other purposes.

FRIDAY, MARCH 16, 1973

3353

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 239. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act establishing a fire pre vention system in the unincorporated portion of Pulton County; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 398. By Senator Lester of the 23rd:
A Bill to be entitled an Act to carry into effect an amendment to the Constitution; to prescribe certain powers and duties; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

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 authorize the destruction of certain records; 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 111, nays 0.

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

SB 368. By Senator Johnson of the 38th: A Bill to be entitled an Act to provide that in counties having a popula tion of 400,000 or more, wherein the sale of alcoholic beverages is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 419. By Senator London of the 50th:
A Bill to be entitled an Act to provide for a secretary for the Solicitor of the State Court of Habersham County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1230. By Messrs. Twiggs and Colwell of the 4th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the Sheriff of Towns County; and for other purposes.

FRIDAY, MARCH 16, 1973

3355

The report 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 1237. By Messrs. Dean of the 60th and Mason of the 59th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Buford, as amended, so as to change the provisions relating to the eligibility and election of members of the commission; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 79. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, so as to provide that members of the pension fund shall include employees of the AtlantaFulton County Recreation Authority provided such employees are em ployed by Fulton County; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 80. By Senator Stephens of the 36th: A Bill to be entitled an Act to amend an Act authorizing the Com-

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JOURNAL OF THE HOUSE,

missioners of Fulton County to establish rules and regulations govern ing the payment of pensions to County employees so as to provide prior service credit for service as an employee of the Atlanta-Fulton County Recreation Authority; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 218. By Senator Stephens of the 36th: A Bill to be entitled 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, they ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.
The report 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.

FRIDAY, MARCH 16, 1973

3357

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; 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 111, nays 0.

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

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; 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 111, nays 0.

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

SB 389. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act providing a new charter for the Town of Enigma, so as to change the municipal election date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.

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

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JOURNAL OF THE HOUSE,

SB 399. By Senator Overby of the 49th:
A Bill to be entitled an Act to place the coroner of Hall County on a monthly salary compensation; 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 111, nays 0.

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

SB 404. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Morganton, so as to change the name of said town to the City of Morganton; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 405. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Fannin 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 111, nays 0.

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

FRIDAY, MARCH 16, 1973

3359

SB 414. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Dahlonega, so as to change the provisions relative to the qualification of the recorder; 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 111, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 415. By Senator London of the 50th:
A Bill to be entitled an Act to place the Coroner of Rabun County upon a monthly salary in lieu of fees; 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 111, nays 0.

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

SB 417. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Rabun County upon an annual salary, as amended, so as to provide that the governing authority of Rabun County shall pay to the sheriff the sum of not less than $3 per day per prisoner for feeding prisoners confined in the common jail; and for other purposes.

The report 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.

3360

JOURNAL OF THE HOUSE,

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

SB 82. By Senator Stephens of the 36th:
A Bill to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing payment of pensions to certain 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 111, nays 0.

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

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 321. By Mr. Murphy of the 18th:
A Bill to amend Code Chapter 100-1, relating to State depositories, 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 the duties of the State Treasurer.

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.

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

HB 203. By Mr. Greer of the 43rd: A Bill to amend the pension laws for general employees and officers

FRIDAY, MARCH 16, 1973

3361

(including teachers) for cities with populations over 300,000; to change benefits and eligibility.

HB 317. By Messrs. Bond of the 32nd, Alexander of the 38th and Brown of the 34th:
A Bill to amend an Act authorizing the impoundment of vehicles illegally parked on private property, so as to prohibit impounding from property used in certain ways in certain circumstances.

HB 531. By Messrs. Bostick and Patten of the 123rd:
A Bill 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.

HB 620. By Mr. Connell of the 80th and others:
A Bill to create the Augusta-Richmond County Coliseum Authority and to authorize such Authority to acquire and maintain such facility.

HB 621. By Mr. Connell of the 80th:
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.

HB 651. By Messrs. Bennett, Reaves and Patten of the 124th:
A Bill to amend an Act incorporating the Town of Dasher, so as to ex tend the corporate limits thereof.

HB 732. By Messrs. Patten and Bostick of the 123rd:
A Bill 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.

HB 733. By Messrs. Patten and Bostick of the 123rd:
A Bill 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.

3362

JOURNAL OF THE HOUSE,

HB 802. By Mr. Connell of the 80th:
A Bill creating a board of commissioners of Richmond County, so as to provide a penalty for the violation of regulations relating to animal con trol.

HB 872. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of said City.

HB 888. By Messrs. Patten, Bennett and Reaves of the 124th: A Bill to repeal an Act creating the Lowndes County Utilities Authority.

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 in lieu of a fee basis, so as to change the provisions relating to the compensation of the Sheriff of Lowndes County.

HB 896. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill 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.

HB 895. By Messrs. Patten, Bennett and Reaves of the 124th:
A Bill to amend an Act creating the Board of Commissioners of Lowndes County, so as to change the meeting date of the Board.

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, 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.

HB 975. By Messrs. Patten and Bostick of the 123rd:
A Bill 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.

FRIDAY, MARCH 16, 1973

3363

HB 977. By Messrs. Patten and Bostick of the 123rd:
A Bill to amend an Act incorporating the Town of Lenox in Berrien County, so as to annex certain land to the Town of Lenox.

HB 1023. By Messrs. Sams of the 83rd and Beckham of the 82nd:
A Bill 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).

HB 1034. By Messrs. Chance of the 112th and Triplett of the lllth:
A Bill to amend an Act creating the State Court of Effingham County, so as to change the compensation provisions relating to the solicitor of said court.

HB 1150. By Messrs. Bennett and Patten of the 124th:
A Bill to amend, consolidate, create, revise, and supersede the several Acts incorporating the City of Twin Lakes in the County of Lowndes.

HB 1059. By Mr. Miles of the 79th:
A Bill 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 educational purposes levied for and in behalf of such school system.

HB 1063. By Messrs. Sams of the 83rd, Beckham of the 82nd, Connell of the 80th and others:
A Bill 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.

HB 1006. By Mr. Irvin of the 23rd:
A Bill 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 annexation of said real property under certain conditions.

HB 1040. By Mr. Rainey of the 115th:
A Bill to amend an Act changing the mode of compensating the clerk of the superior court, sheriff, ordinary, and tax commissioner of

3364

JOURNAL OF THE HOUSE,

Crisp County from the fee system to an annual salary, so as to change the provisions relative to the compensation of said officers.

HB 1044. By Mr. Mason of the 59th:
A Bill to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the provisions relative to the compensation of such officers.

HB 1045. By Mr. Mason of the 59th: A Bill 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 compensation of the tax com missioner.
HB 1046. By Mr. Mason of the 59th and Dean of the 60th: A Bill to amend an Act creating a new Board of Commissioners of Gwinnett County, so as to change the provisions relative to the compen sation of the chairman of said Board.

HB 1079. By Mr. Dollar of the 63rd: A Bill 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 ex ceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes.
HB 1114. By Mr. Matthews of the 122nd: A Bill to amend an Act creating a new charter for the City of Moultrie, so as to change the corporate limits of said city.

HB 1127. By Mr. Matthews of the 122nd:
A Bill 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 compensation, so as to change the provisions relating to the compensation of said officers.

HB 1137. By Mr Tucker of the 69th:
A Bill to amend an Act incorporating the Town of Hampton in the County of Henry, so as to create a recorder's court.

FRIDAY, MARCH 16, 1973

3365

HB 1141. By Mr. Tucker of the 69th:
A Bill to amend an Act creating a new charter for the Town of Locust Grove, so as to create a recorder's court.

HB 1143. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th:
A Bill 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.

HB 1160. By Mr. Carrell of the 71st:
A Bill to amend an Act reincorporating the City of Loganville in the Counties of Walton and Gwinnett and creating a new charter for said City, so as to provide for the election of the Mayor and other officers of said city.

HB 1166. By Messrs. Strickland and Harrison of the 116th:
A Bill to reincorporate the City of Lumber City and to grant a new charter to said City.

HB 1170. By Messrs. Strickland and Harrison of the 116th:
A Bill 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.

HB 1171. By Mr. McDonald of the 12th:
A Bill to amend an Act establishing the State Court of Jackson County, so as to change the terms of the State Court of Jackson County.

HB 1172. By Mr. Patten of the 123rd:
A Bill to amend an Act creating a Board of Commissioners for Cook County, so as to change the membership of the Board of Commissioners of Cook County.

HB 1173. By Messrs. Jessup, Larsen and Coleman of the 102nd:
A Bill 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.

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JOURNAL OF THE HOUSE,

HB 1174. By Mr. Edwards of the 95th:
A Bill to amend an Act placing the sheriff of Taylor County on a salary basis in lieu of a fee basis of compensation, so as to change the com pensation provisions relating to the sheriff and his deputy.

HB 1175. By Messrs. Rush of the 104th and Fraser of the 117th:
A Bill to amend an Act creating a new charter for the City of Ludowici, so as to change the corporate limits.

HB 1182. By Messrs. Fraser of the 117th and Rush of the 104th:
A Bill to amend an Act placing the sheriff of Long County on an an nual salary in lieu of fees, so as to provide for a clerk of the sheriff.

HB 1183. By Mr. Hawes of the 43rd:
A Bill to fix the salaries of certain judges of certain courts within certain counties (population in excess of 500,000).

HB 1185. By Mr. Carrell of the 71st:
A Bill to amend, consolidate, create, revise and supersede the several Acts incorporating the Town of Between in the County of Walton.

HB 1186. By Messrs. Dean of the 60th and Mason of the 59th:
A Bill to amend an Act establishing the State Court of Gwinnett County, so as to change the compensation for the officers thereof.

HB 1187. By Mr. Edwards of the 95th:
A Bill to amend an Act establishing a Board of commissioners of Taylor County, so as to change the compensation of the members of said Board.

HB 1188. By Mr. Edwards of the 95th: A Bill to amend an Act abolishing the mode of compensating the Or dinary of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the salary of said Or dinary.
HB 1189. By Mr. Edwards of the 95th: A Bill to amend an Act consolidating the offices of Tax Receiver and

FRIDAY, MARCH 16, 1973

3367

Tax Collector of Taylor County, so as to change the compensation of the tax commissioner.

HB 1190. By Messrs. Strickland and Harrison of the 116th:
A Bill to amend an Act placing the sheriff, the Clerk of the Superior Court, the Tax Collector aind the Tax Receiver of Appling County on an annual salary, so as to change the provisions relative to deputies of the sheriff.

HB 1193. By Messrs. Waddle of the 98th and Moyer of the 99th:
A Bill to amend an Act incorporating the City of Warner Robins, so as to change the corporate limits of said city.

HB 1194. By Mr. Edwards of the 95th:
A Bill to amend an Act abolishing the mode of compensating the Clerk of the Superior Court of Taylor County, so as to change the salary of said Clerk.

HB 1195. By Messrs. Wheeler and Grantham of the 127th and Strickland of the 116th:
A Bill to amend an Act incorporating the City of Nahunta, so as to change the date of municipal general election; to change the size of the terms of office of the mayor and aldermen.

HB 1196. By Messrs. Burruss of the 21st, Nix of the 20th, Wilson of the 19th, and others:
A Bill to amend an Act creating the State Court of Cobb County, so as to change the salary provisions relating to the judges of said court.

HB 1197. By Messrs. Nix and Duke of the 20th, Kreeger of the 21st and others:
A Bill to amend an Act creating a Board of Commissioners of Cobb County, so as to require certain Cobb County officials to disclose their interest in any real property being proposed for rezoning in Cobb County.

HB 1198. By Messrs. Bailey, Johnson and Northcutt of the 68th:
A Bill to amend an Act incorporating the City of Riverdale, so as to change the provisions relating to ad valorem taxation.

3368

JOURNAL OP THE HOUSE,

HB 1200. By Mr. Groover of the 75th:
A Bill to amend an Act creating a Board of Commissioners of Jones County, so as to change the amount of the bond of each of the Commis sioners.

HB 1203. By Mr. Carrell of the 71st:
A Bill to provide the date for the regular monthly meeting of the board of commissioners of certain counties (population not less than 23,000 nor more than 23,500).

HB 1207. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to amend an Act incorporating the Town of East Dublin in the County of Laurens, so as to change the provisions relative to the terms of office and the election of the mayor and councilmen.

HB 1208. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to amend an Act creating a new charter for the City of Dublin, so as to change the corporate limits of said City.

HB 1209. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to amend an Act placing the sheriff of Laurens County upon an annual salary, so as to change the compensation of the sheriff.

HB 1210. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to amend an Act placing the Ordinary of Laurens County on an annual salary in lieu of fees, so as to change the compensation of the Ordinary.

HB 1211. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner so as to change the compensation of the tax commissioner.

HB 1212. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to amend an Act placing the clerk of the superior court of Laurens County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court.

FRIDAY, MARCH 16, 1973

3369

HB 1213. By Messrs. Larsen, Coleman and Jessup of the 102nd:
A Bill to amend an Act creating the State Court of Laurens County, so as to change the provisions relative to the compensation of the judge and solicitor:

HB 1214. By Messrs. Larsen, Coleman and Jessup of the 102nd: A Bill to amend an Act creating the office of treasurer of Laurens County, so as to change the compensation of the treasurer.
HB 446. By Mr. Larsen of the 27th: A Bill 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 con demn or otherwise acquire street rights-of-way under the mapped streets plan.
HB 676. By Mr. Hill of the 41st: A Bill 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.
HB 577. By Messrs. Alexander of the 39th, Larsen of the 27th, Egan of the 25th and others: A Bill 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 educational purposes.
HB 912. By Mr. Irvin of the 23rd: A Bill 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.
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House, to-wit:
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 General Assembly shall be authorized to provide by law for the in crease 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.

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JOURNAL OF THE HOUSE,

HR 205-832. By Mr. Morgan of the 70th:
A Resolution proposing an amendment to the Constitution so as to cre ate the City of Covington Parking Authority.

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 au thorize 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.

HR 208-855. By Messrs. Wilson and Atherton of the 19th, Nix of the 20th and others:
A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $6,000 from all Cobb County ad va lorem taxes, including ad valorem taxes for the Cobb County School dis trict, for residents of Cobb County who are disabled and who have a net income of not exceeding $6,000 for the immediately preceding tax able year.

HR 234-930. By Messrs. Gignilliat of the 105th, Murphy of the 18th, Smith of the 91st, and others:
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 Chat ham County upon payment into the State Treasury of a sum not less than $250.00.

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.

HR 318-1197. By Messrs. Grantham and Wheeler of the 127th:
A Resolution authorizing the conveyance of certain state-owned real property located in Coffee County.

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

FRIDAY, MARCH 16, 1973

3371

HB 256. By Messrs. Levitas of the 50th, Horton of the 43rd and Knight of the 65th:
A Bill to amend an Act providing for the reorganization of functions within the Executive Branch of State Government, 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) and Section 7 of an Act approved Mar. 31, 1967.

HB 294. By Messrs. Morgan of the 70th and Carrell of the 71st:
A Bill to amend an Act creating the Alcovy Judicial Circuit, so as to authorize the employment of a court reporter.

HB 326. By Mr. Atherton of the 19th:
A Bill to amend an Act creating a Metropolitan Area Planning and De velopment Commission in each Standard Metropolitan 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.

HB 383. By Messrs. Murphy of the 18th and Morgan of the 70th:
A Bill to amend an Act creating the office of judge of the superior courts emeritus, so as to provide for compensation and expenses of superior court judges emeritus for performing certain duties.

HB 433. By Mr. Logan of the 62nd:
A Bill to amend an Act creating the State Board of examiners for registered Professional Sanitarians, so as to provide for five-year terms of office.

HB 442. By Messrs. Jones of the 109th, Alien of the 108th, Chance of the 112th, and others:
A Bill 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.

HB 630. By Mr. Adams of the 36th:
A Bill to amend the Executive Reorganization Act of 1972, so as to make certain changes therein in relation to the office of Highway Safety.

HB 693. By Messrs. Greer of the 43rd and Wamble of the 120th:
A Bill to amend the "Current Income tax Payment Act of 1960", so as to change the date for making quarterly returns.

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JOURNAL OF THE HOUSE,

HB 713. By Messrs. McKinney of the 35th, Hudson of the 115th, Wheeler of the 13th and others:
A Bill to amend Code Chapter 88-13, relating to control of ionizing radiation and known as the "Georgia Radiation Control Act", so as to extend regulation of radiation to include all types of radiation.

HB 898. By Mr. Busbee of the 114th:
A Bill 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 Federal Aviation Agency only shall be exempt from the provisions of the Act; to change the bond require ments.

HB 1060. By Mr. Busbee of the 114th:
A Bill to amend Code Chapter 88-26, relating to Water Supply Quality Control, so as to repeal certain provisions requiring notice of hearing prior to the denial, modification or revocation of certificates.

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.

HB 471. By Mr. Edwards of the 95th:
A Bill to authorize the Department of Administrative Services to formu late and implement a plan for a Statewide Telecommunications System to serve State Government; to provide for legislative intent.

HB 579. By Messrs. Lee and Odom of the 114th:
A Bill to provide for the establishment of the Georgia Crime Informa tion Center.

HB 592. By Mr. Wamble of the 120th:
A Bill 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 con form their meanings to the meanings such terms have in the U. S. In ternal Revenue Code of 1954.

HB 679. By Mr. Connell of the 80th: A Bill to amend an Act providing that each county shall require the

FRIDAY, MARCH 1C, 1973

3373

issuance of certain permits relative to the location or relocation of cer tain mobile homes, so as to change the provisions relative to the fees for permits.

HB 752. By Messrs. Larsen of the 27th, Stephens of the 37th, Willis of the 119th and others:
A Bill to amend Code Section 68-221, relating to licensure and registra tion of motor vehicles by non-residents, 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.

HB 782. By Mr. Lee of the 68th:
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 flash ing or revolving blue lights, so as to authorize firemen to operate cer tified emergency private motor vehicles with flashing or revolving red lights.

HB 799. By Mr. Rainey of the 115th:
A Bill to authorize the Commissioner of the Department of Natural Resources to appoint conservation rangers.

HB 808. By Messrs. Irvin of the 23rd, Larsen of the 27th and Russell of the 53rd:
A Bill to amend the "Revenue Bond Law", so as to expend the definition of "undertaking" to include systems, plants, works, instrumentalities and properties used or useful in connection with the collection, treat ment, reuse or disposal of solid waste.

HB 922. By Mr. Irwin of the 113th:
A Bill 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.

HB 949. By Mr. Lambert of the 97th:
A Bill 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.

3374

JOURNAL OF THE HOUSE,

HB 972. By Mr. Larsen of the 27th:
A Bill to provide for the protection of rare specimens of animal life within this State.

HB 994. By Messrs. Reaves of the 124th, Wamble of the 120th, Collins of the 122nd, Patten of the 124th and others:
A Bill 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.

HB 997. By Messrs. Burruss of the 21st:
A Bill 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.

HB 1000. By Messrs. Horton of the 43rd, Ritchie of the llth, Irvin of the 10th and others:
A Bill to create the Vital Areas Council; to provide to the members of the Council.

HB 1069. By Mr. Groover of the 75th:
A Bill to amend Code Section 56-317.1, relating to administrative fines for certain acts of officers, employees, agents or representatives of in surers, so as to provide additional circumstances under which the Commissioner may impose a fine.

HB 1120. By Messrs. Murphy of the 18th, Busbee of the 114th and Roach of the 8th:
A Bill to amend Code Section 93-309, relating to the duties of the Georgia Public Service Commission in fixing just utility rates of the Code of Georgia of 1933, so as to provide that in setting utility rates the Com mission may consider the quality of service rendered.

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

HB 193. By Mr. Farrar of the 52nd:
A Bill to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to retirement benefits.

FRIDAY, MARCH 1G, 1973

3375

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

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.

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

HR 293-1118. By Messrs. Farrar of the 52nd, Jordan of the 58th, and Wheeler of the 27th:
A Resolution creating the Minimum Foundation Program of Education Study Committee.

The Senate has agreed to the House substitute to the following Bills of the Senate, to-wit:

SB 238. By Senators 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 Highway Department.

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.

S? 265. By Senators Thompson of the 32nd, Warren of the 43rd and Skene of the 27th:
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 ftimulant drugs and counterfeit drugs, so as to change the penalty pro visions relating to possession of marijuana.

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.

3376

JOURNAL OP THE HOUSE,

SB 392. By Senator Rowan of the 8th:
A Bill to amend an Act creating a board of commissioners of Berrien County, as amended, so as to authorize the members of the board to in crease their compensation.

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 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.

The Senate has adopted the report of the Committee of Conference on the following Bills of the House and Senate, to-wit:

SB 14. By Senator Kidd of the 25th:
A Bill 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, as amended, so as to change the pen alty for possession of one ounce or less of marijuana for imprisonment of one year to 12 months.

HB 265. By Messrs. Levitas of the 50th and Vaughn of the 57th:
A Bill to provide for the payment of relocation and replacement housing expenses of any person or family displaced by a Federal-aid project.

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 the proper magistrate to enter into a formal recognizance or make a deposit of money.

The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House, to-wit:

FRIDAY, MARCH 16, 1973

3377

HB 1136. By Mr. Tucker of 69th:
A Bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change the compensation of the members of the Au thority.

The Senate has agreed to the House amendment to the Senate substitute to the following Bills of the House, to-wit:

HB 1139. By Mr. Tucker of the 69th:
A Bill to amend an Act placing the Sheriff, Clerk of the Superior Court and Ordinary of Henry County on an annual salary in lieu of the fee system, so as to change the compensation.

HB 1140. By Mr. Tucker of the 69th:
A Bill to amend an Act creating a Board of Commissioners of Henry County, so as to change the expense allowance of the chairman and other members of the Board.

The Senate has agreed to the House amendment to the following Bills of the Senate, to-wit:

SB 20. By Senator Kidd of the 25th:
A Bill to amend an Act authorizing the establishment of limited-access highways, 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 for development as commercial enterprises.

SB 140. By Senator Reynolds of the 48th:
A Bill to provide a new Code of Public Transportation; to revise and repeal Title 95, Code of Georgia, as amended.

SB 156. By Senator Barker of the 18th:
A Bill to amend an Act completely revising the laws of this State relative to game and fish, as amended, so as to provide for the safety of the citi zens relating to activities pursuant to the provisions of said Act.

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

3378

JOURNAL OF THE HOUSE,

on Highways", as amended, so as to permit vehicular traffic to turn right when facing a red signal under certain circumstances.

SB 231. By Senator London of the 50th: A Bill to create the White County Water and Sewerage Authority.

SB 249. By Senator Reynolds of the 48th:
A Bill authorizing the Department of Transportation to establish grant programs for the betterment of mass transportation systems and facili ties throughout the State.

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 identifica tion cards to handicapped persons who do not have a motor vehicle driver's license.

SB 336. By Senator Dean of the 6th:
A Bill to amend an Act known as the "State Ports Authority Act", as amended, so as to authorize the Governor, on behalf of the State, to convey certain property to the Georgia Ports Authority, subject to the Marshlands Protection Act of 1970.

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.

SB 364. By Senator Tysinger of the 41st:
A Bill to amend an Act changing the compensation of the judges of the juvenile courts in certain counties, so as to change the compensation of said judges.

SB 369. By Senator Herndon of the 10th:
A Bill to amend an Act providing that a trust shall be executory and the legal estate shall remain in the trustee, whether or not the bene ficiary are sui juris, so as to provide that a trust deemed executory by the statute may not be revoked or terminated in whole or in part if it is otherwise irrevocable.

FRIDAY, MARCH 16, 1973

3379

SB 390. By Senator Rowan of the 8th:
A Bill to amend an Act placing the sheriff of Berrien County upon an annual salary, so as to change the compensation of the sheriff.

SB 408. By Senator Lester of the 23rd:
A Bill to provide additional compensation for certain employees of cer tain counties whose compensation is fixed by the General Assembly.

SB 409. By Senators Wasden of the 2nd, Riley of the 1st and Zipperer of the 3rd:
A Bill to provide for a Board of Elections in certain counties.

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

HB 302. By Mr. Greer of the 43rd:
A Bill 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.

HB 303. By Mr. Greer of the 43rd:
A Bill to amend an Act providing for pensions for members of police' departments in certain cities, so as to provide increased pension bene fits for such members and their dependents.

HB 304. By Mr. Greer of the 43rd:
A Bill to amend an Act providing that in certain cities increased pension benefits may be provided for officers and employees and their de pendents.

HB 629. By Messrs. Snow of the 1st, Cole of the 6th, Hays of the 1st and others:
A Bill 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.

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

3380

JOURNAL OF THE HOUSE,

HB 1142. By Mr. Tucker of the 69th:
A Bill to amend an Act incorporating the City of Stockbridge in the County of Henry, so as to change the corporate limits of said City.

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

HB 315. By Messrs. Rogers and Harden of the 128th:
A Bill to amend an Act creating the Public School Employees' Retire ment 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.

HB 191. By Messrs. Keyton of the 121st, Collins and Matthews of the 122nd, Jordan of the 58th and others:
A Bill to provide that it shall be unlawful to display within motion picture theatres certain scenes to certain audiences.

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

HB 508. By Mr. Harrington of the 93rd: A Bill to provide a comprehensive program for the licensing and regula tion of out-of-home child care facilities.
HB 553. By Messrs. Morgan of the 70th, Lee of the 114th, Sams of the 83rd, and others: A Bill to amend an Act known as the "Children and Youth Act", so as to change the penalty provisions relating to certain youthful offenders.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 89. By Messrs. Howell of the 118th, Bray of the 66th, Keyton of the 121st: A Bill 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.
Mr. Collins of the 45th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

FRIDAY, MARCH 16, 1973

3381

SB 38. By Senators Starr of the 44th, Button 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, as amended, in its entirety; to repeal con flicting laws; and for other purposes.

On the motion to reconsider, the ayes were 91, nays 58.

The motion prevailed and the House reconsidered its action on SB 38.

The following Resolution was read and adopted:

HR 379. By Mr. Smith of 91st:
A RESOLUTION
Amending House Resolution No. 327, providing for the election of a member of the State Properties Control Commission, adopted by the house of Representatives on March 8, 1973; and for other purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:
Section 1. House Resolution No. 327, providing for the election of a member of the State Properties Control Commission, adopted by the House of Representatives on March 8, 1973, is hereby amended by strik ing the third paragraph of said Resolution in its entirety and inserting in lieu thereof a new third paragraph to read as follows:
"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that an election of a member of the House of Representatives to the State Properties Control Commission shall be held by the House of Representatives on March 16, 1973."

Pursuant to the provisions of HR 379, Mr. Busbee of the 114th, placed in nomination the name of Honorable Tom Murphy of the 18th.

On the election, 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 Bohannon Bond Bostick Brantley, H. H.

3382
Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Chance Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dickey Dorminy Duke Elliott Evans Farrar Floyd, L. R. Foster Fraser Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays

JOURNAL OF THE HOUSE,

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 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 McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom

Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Pinks ton Rainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn 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 Beckham Blackshear Burruss Castleberry Clark Dean, Gib

Dean, N. Dixon Dollar Edwards Egan Ellis Ezzard

Floyd, J. H. Geisinger Gignilliat Hill, B. L. Kreeger Lewis Mason

McKinney Murphy Noble Petro

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3383

Phillips, L. L. Ritchie Savage Strickland

Thomason Townsend Mr. Speaker

On the election, the ayes were 148, nays 0.

Mr. Murphy of the 18th was declared duly elected as a member of the State Real Properties Control Commission.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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 before when offenses are bailable, so as to provide that certain offenses shall be bailable only before a judge of the superior court; and for other purposes.

The following Senate amendment was read:

The Senate Committee on Special Judiciary offers the following amendment:
Amend HB 377 by striking the words "involving the" as they ap pear on page 1, lines 15 and 24, and substituting in lieu thereof the word "of" on said lines.

Mr. Larsen of the 27th moved that the House agree to the Senate amendment to HB 377.

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

The motion prevailed and the Senate amendment to HB 377 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

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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.

The following Senate amendments were read:

The Senate Committee on Highways offers the following amendment:
Amend HB 899 by striking on page 4, line 12 in Section 12 the words "and the" after the word "reflectors" and before the word "headlamps"; and,
By placing a comma after the words "reflectors" and "headlamps"; and,
By striking the words "as mentioned in this Act" and inserting the words "and other safety measures."
Senator Reynolds of the 48th moves to amend HB 899 as follows:
"The Commissioner is also authorized to promulgate rules and regulations and establish standards for any additional safety items relating to bicycles."

Mr. Elliott of the 49th moved that the House agree to the Senate amendments to HB 899.

On the motion, the ayes were 135, nays 0.

The motion prevailed and the Senate amendments to HB 899 were agreed to.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 16. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide for the creation of the Long Term Health Care Reviewing Board; and for other purposes.

Mr. Groover of the 75th moved that the House insist on its position in substi tuting SB 16.

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3385

The motion prevailed and the House insisted on its position in substituting SB 16.

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

SB 310. By Senator Herndon of the 10th:
A Bill to be entitled an Act to prescribe the manner of determining the amount of bond to be furnished by an administrator or trustee; and for other purposes.

The report of the committee, which was favorable to the 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 Berlin Berry Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. 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. Dean, N. Dent Dickey Dollar Dorminy Duke Egan Elliott Evans Farrar Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham

Groover Hamilton 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. Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K.

3386
Lee, W. S. Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford

JOURNAL OF THE HOUSE,

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. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B.

Snow Stephens Sweat Thomason Thompson Toles Townsend Triplett 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.:

Bohannon

Johnson

Wood

Those not voting were Messrs.:

Bailey Beckham Bennett Brown, S. P. Buck Dean, Gib Dixon Edwards Ellis Ezzard

Floyd, J. H. Fraser Greer Hawes Hill, B. L. Hilll G. Jessup Larsen, W. W. Lee, W. J. (Bill) Mason

McDaniell Murphy Noble Phillips, L. L. Strickland Wheeler, Bobby Whitmire Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 3.

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

SB 311. By Senator Herndon of the 10th:
A Bill to be entitled an Act to provide that in every case where an executor or administrator is required to give bond for the faithful per-

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3387

formance of its duties, such person may give bond in an amount equal to the value of the estate; and for other purposes.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Berlin Berry Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Buck Burton Busbee Carlisle Carr
Carrell Chance Clark Cole Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dixon Dollar Dorminy Egan

Elliott Evans Farrar Floyd, L. R. Fraser Geisinger Grahl Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Horton, W. L. Howell 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. Levitas Lewis Lowrey Marcus Matthews, D. R.

Mauldin McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble North cutt Odom Oxford Patten, G. C. Patten, R. L. Pearce Peters Petro Phillips, G. S. Pinkston Rainey Rogers Ross Rush Russell, J. Russell, W. D. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles

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Townsend Triplett Tucker Turner Waddle

JOURNAL OF THE HOUSE,

Walker Wall
Wamble Ware

Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L.

Those voting in the negative were Messrs. :

Adams, John Beckham Bohannon Castleberry Davis, W. Duke

Edwards Foster Gignilliat Grantham Hudson

Patterson Ritchie Sams Williams Wood

Those not voting were Messrs. :

Bennett Brown, C. Brown, S. P. Burruss Coleman Colwell Dean, Gib Dickey Ellis Ezzard Floyd, J. H. Greer

Groover Hawes Hill, G. Howard Jessup Keyton Larsen, W. W. Logan Mason Matthews, C. McCracken

McDaniell Murphy Phillips, L. L. Reaves Roach Strickland Twiggs Vaughn Wheeler, Bobby Whitmire Mr. Speaker

On the passage of the Bill, the ayes were 130, nays 16.
The Bill, having received the requisite constitutional majority, was passed.
SR 178. By Senator McGill of the 24th : A Resolution designating the L. C. Moone Road; and for other purposes.
The report of the committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 143, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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3389

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.

The following Committee substitute was read:
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 attorney 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 payment 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 effec tive 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 from both State and local funds unless any such judge was receiving more than such total in salary and contingent ex pense 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 reduc tion in payment to any such judge shall be necessary to comply with the provisions of this Section, such reduction shall be deducted first from local funds. Provided, however, that nothing herein shall be construed to apply to travel expenses and each judge shall continue to receive reim bursement 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 Jan uary 1, 1973. In that event, any such district attorney 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 district attorney shall be necessary to comply with the provisions of this Section, such reduction shall be deducted from local funds. Provided, however, that

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JOURNAL OF THE HOUSE,

nothing herein shall be construed to apply to travel expenses and each district attorney shall continue to receive reimbursement of travel ex penses 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 following amendments to the Committee substitute were read and adopted:
Mr. Groover of the 75th moves to amend Committee Substitute to Senate Bill 136 by striking the first sentence of Section 1 of said Bill and substituting in lieu thereof the following:
"Except as hereinafter provided, no Superior Court Judge shall receive a salary from both State and local funds which shall exceed that salary received by the Judges of the Georgia Court of Appeals on the effective date of this Act, unless any such Judge was receiv ing more than such total in salary and contingent expense allowances from both State and local funds on January 1, 1973."
Mr. Groover of the 75th moves to amend Committee Substitute to Senate Bill 136 by inserting between the word "deducted" and the word "from" on line 5, page 2, the word "first" and striking the period at the end of the sentence on said line 5, page 2, and inserting the following:
"to the extent authorized by law, and in the event local funds may not be reduced in order to effectuate the purposes of this Act then a reduction in the State funds shall be made to the extent nec essary to comply with the provisions of this Section."

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.

FRIDAY, MARCH 16, 1973

3391

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. M. Alien Atherton Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Burton Busbee Carr Carrell Castleberry Chance Clark Cole Collins, M. Collins, S. Colwell Coney Daugherty Davis, E. T.
Davis, W.
Dean, J. E.
Dent
Dixon
Dollar
Dorminy
Duke
Edwards
Egan
Elliott
Evans
Farrar
Floyd, L. R.

Foster Fraser Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Harrison Hays Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson 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.
Lewis
Logan
Lowrey
Marcus
Matthews, C.
Matthews, D. R.
Mauldin
McCracken
McDaniell
McDonald
McKinney
Milford

Morgan Moyer Mulherin Mullinax Murphy Nessmith Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, J. Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Thompson Toles
Triplett
Tucker
Turner
Twiggs
Vaughn
Waddle
Wall
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

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Those voting in the negative were Messrs.:

Alexander, W. H. Carlisle Connell

Greer Harris, J. R.

Miles Sams

Those not voting were Messrs.:

Bailey Beckham Blackshear Brown, S. P. Buck Coleman Dean, Gib Dean, N. Dickey Ellis Ezzard Floyd, J. H.

Harris, J. F. Hawes Hill, B. L. Horton, W. L. Irvin, J. Larsen, W. W. Levitas Mason Patten, G. C. Phillips, L. L. Reaves Russell, W. D.

Savage Strickland Sweat Thomason Townsend Walker Wamble Ware Wheeler, Bobby 'Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 138, nays 7.

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

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.

The following substitute, offered by Mr. Levitas of the 50th was read:
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 rem edy a default covered by, or otherwise commence performance in accor dance with, the terms of a contract ofsuretyship; to provide procedures for the fixing of such damages and attorney's fees; to provide that the limitations herein set forth respecting attorney's fees shall not affect attorney's fees agreed upon by the plaintiff and his attorney; to declare unfair methods of competition, false, misleading or deceptive acts or prac tices 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 interpreta-

FRIDAY, MARCH 16, 1973

3393

tion of this Act; to name an Administrator; 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 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 investigations; to authorize the Administrator to issue sub poenas, conduct hearings and issue and promulgate rules and regulations; to provide for penalties, injunctions and other relief for failure to com ply with investigative 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 the Superior Courts of this State; to provide a statute of limitations; to pro vide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. In the event of the refusal of a corporate surety to com mence the remedy of a default covered by, or otherwise commence per formance in accordance with, the terms of a contract of suretyship within 60 days after receipt from the obligee of a notice of default, and upon a finding that such refusal was in bad faith, the surety shall be liable to pay such obligee in addition to the loss not more than 25 percent of the liability of the surety for the loss and all reasonable attorney's fees for the prosecution of the case against the surety. The amount of such reasonable attorney's fees shall be determined by the trial jury and shall be included in any judgment rendered in such action: Provided, however, that such attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of such services, based on the time spent and legal and factual issues involved, in accordance with prevailing
fees in the locality where such suit is pending: Provided, further, that the trial court shall have the discretion, if it finds such jury verdict fix ing attorney's fees to be greatly excessive or inadequate, to review and amend such portion of the verdict fixing attorney's fees without the ne cessity of disapproving the entire verdict. The limitations contained in
this Act in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his attorney for the services of such attorney in the action against the surety.

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 docu ment 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 acknowledgement in respect of any such documentary material.

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(c) "Trade" and "Commerce" mean the advertising, sale, lease, or distribution or offering thereof, of any services or any property, tangible or 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.
Section 3. Unlawful Acts and Practices, (a) Willful practice of 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 geogra phic origin in connection with goods or services;

(5) Representing that goods or services have sponsorship, ap proval, 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;

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(11) Making false or misleading statements concerning the rea sons 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 re bate, 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 rea sonable 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.

Section 4. Interpretation, (a) The Administrator is hereby autho rized to adopt substantive rules that prohibit specific acts or practices 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 sub ject to the supervision or regulation of the Department of Agriculture, 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.

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(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 regula tory 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 or 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 Com mission, 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 de partment 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 Administrator that the exercise of such powers against such persons would be in the public interest.
(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 adver tisement, or did not have a direct financial interest in the sale or dis tribution 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

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3397

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 there after said advertisement or promotional material, provided, however, that this exemption shall not apply should the manufacturer, packer, dis tributor or other seller in question not be subject to the jurisdiction of the courts of this State or should said person not be financially respon sible and able to respond to the extent of the damages reasonably alleged.

Section 7. Restraining Prohibited Acts. Whenever the Administra tor 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 complaint 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 restrain ing order which may be sought. The action may be brought in the Su perior 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 per manent injunctions or such other orders as are necessary to restrain and prevent violations of this Act. Such injunctions or orders shall be issued without bond and notwithstanding the existence of adequate rem edies 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 regulations 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 dam ages for any person injured by a violation of Section 3 or a regulation 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 regulation made under Section 4 may request in writing that the Administrator 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 Administra
tor is final.

(c) 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.

Section 9. Powers of Receiver. When a receiver is appointed by the

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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, docu ments, papers, choses in action, bills, notes and property of every descrip tion, derived by means of any practice declared to be illegal and pro hibited by this Act, including property with which such property has been mingled if it cannot be identified in kind because of such commin gling, and to sell, convey, and assign the same and hold 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 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 of this Act may bring an 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. Pees 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 em ployed 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 sub sequent action by any person or public official other than action by the Administrator for subsequent breach of the terms of said injunction, 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.
(d) No action for personal injury shall lie under the provisions of this Act nor damages therefore be awarded.

(e) In the case of an installment obligation, as a condition to bring ing an action under this act or maintaining 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.

FRIDAY, MARCH 16, 1973

3399

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 error shall be pleaded as an affirmative defense.
Section 12. Assurances of Voluntary Compliance. In the adminis tration 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 above to engage in such method, act or practice. Any such assurance shall be in writing and be filed with 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 vio lation 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 Adminis trator that a person has engaged in, is engaging in, or is about to engage 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 phy sical 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 Adminstrator 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 investiga tion 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.

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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 ex ceeding 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 he 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.
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 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, 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 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

FRIDAY, MARCH 16, 1973

3401

procedures, rights, remedies or duties provided for in any other law or in decisions of the courts of this State dealing with the subject mat ter. All other laws or parts of laws in conflict with this Act are hereby repealed.

Section 21. Effective date. This Act shall become effective on April 1, 1974.

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

Those voting in the affirmative were Messrs.

Alexander, W. H. Atherton Bailey Berlin Blackshear Bohannon Bond Brown, B. D. Brown, C. Burruss Burton Carlisle Castleberry Chance Clark Cole Coney Daugherty Dean, Gib Dean, J. E. Dixon Duke Egan

Farrar Foster Geisinger Greer Groover Hamilton Harris, J. R. Hawes Hill, B. L. Horton, G. T. Howard Hudson Hutchinson Johnson Jordan Knight Kreeger Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Marus Mason

Matthews, C. McDonald McKinney Morgan Odom Patterson Roach Ross Russell, W. D. Shanahan Shepherd Stephens Thompson Triplett Turner Walker Wall Wamble Whitmire Williams Wilson, J. M. Wood

Those voting in the negative were Messrs.

Adams, J. H. Adams, Marvin Alien Beckham Berry Bostick Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Buck Carr

Carrell Collins, M. Collins, S. Colwell Connell Davis, E. T. Davis, W. Dent Dollar Dorminy Elliott Evans

Floyd, L. R. Fraser Grahl Grantham Harden Harrington Harris, J. F. Harrison Hays Hill, G. Horton, W. L. Howell

3402
Irvin, J. Irvin, R. Irwin, J. R. Jessup Keyton King Lambert Lane, W. J. Larsen, W. W. Logan Lowrey Mauldin McCracken McDaniel Miles

JOURNAL OF THE HOUSE,

Milford Moyer Mulherin Mullinax Murphy Nessmith Northcutt Oxford Patten, G. C. Patten, R. L. Pearce Peters Petro
Phillips, G. S.

Rainey Rush Russell, J. Sams Smith, J. R. Smith, V. B. Snow Toles Twiggs Waddle Ware Wheeler, J. A. Willis
Wilson, M. L.

Those not voting were Messrs.:

Adams, G. D. Adams, John Alexander, W. M. Bennett Busbee Coleman Dean, N. Dickey Edwards Ellis Ezzard

Floyd, J. H. Gignilliat Jones Lane, Dick Lewis Matthews, D. R. Nix Noble Phillips, L. L. Pinkston Reaves

Ritchie Rogers Savage Strickland Sweat Thomason Townsend Tucker Vaughn Wheeler, Bobby Mr. Speaker

On the adoption of the substitute, the ayes were 68, nays 79.

The substitute 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. Alien Atherton

Bailey Beckham Berlin Berry

Blackshear Bohannon Bond Bo stick 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 Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Elliott Ellis
Evans
Ezzard
Farrar
Floyd, L. R.
Foster
Fraser
Geisinger
Gignilliat
Grahl
Grantham
Greer

FRIDAY, MARCH 16, 1973

3403

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 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
McCracken
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. 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 Triplett Tucker Turner Twiggs Waddle
Walker
Wall
Wamble
Ware
Wheeler, J. A.
Whitmire
Williams
Willis
Wilson, J. M.
Wilson, M. L.
Wood

Voting in the negative was Mr. Connell.

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Those not voting were Messrs.:

Bennett Buck
Egan Floyd, J. H. Lambert

Lewis Matthews, D. R.
Murphy Phillips, L. L. Smith, J. R.

Townsend Vaughn
Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 165, nays 1.

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

The following Bill and Resolution of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:

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 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 Govern ment; and for other purposes.

The following Senate substitute was read:
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, as amended, particularly by an Act approved January 25, 1945 (Ga. Laws 1945, p. 115), 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; to provide that the Legislative Services Committee shall fix the compensation of the State Auditor; to provide an effective date; to provide the procedure relative to the compensation and allowances for the Secretary of the Senate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 40-1801, relating to the creation of the Department of Audits and Accounts and the Office of State Auditor, as amended, particularly by an Act approved January 25, 1945 (Ga. Laws 1945, p. 115), is hereby amended by adding a new paragraph at the end thereof to read as follows:
"The Department of Audits and Accounts and the Office of

FRIDAY, MARCH 16, 1973

3405

State Auditor are hereby made a part of the Legislative Branch of Government. The Legislative Services Committee shall fix the compensation of the State Auditor. The State Auditor, except as provided in the Constitution of the State of Georgia, shall hold no position within the executive branch of government, and in order to effectuate separation of powers required by Article I, Section I, Paragraph XXIII of the Constitution of the State of Georgia all such positions shall be filled by appointment of the Governor subject to confirmation by the Senate."

Section 2. Any other provision of law to the contrary notwith standing, the Secretary of the Senate shall receive such compensation, expenses, mileage and allowances as shall be provided by resolution of the Senate. Provided, however, that from July 2, 1973, until the con vening date for the regular session of the General Assembly in 1975, and until changed by resolution of the Senate, the Secretary of the Senate shall receive the same compensation, expenses, mileage and allowances as such official was receiving under the law and resolution in existence relative thereto on March 1, 1973.

Section 3. This Act shall become effective July 2, 1973.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Murphy of the 18th moved that the House disagree to the Senate sub stitute.

Mr. Egan of the 25th moved that the House agree to the Senate substitute.

The motion to agree was lost, and the House disagreed to the Senate sub stitute to HB 933.

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.

The following Senate amendment was read:
Senator Coggin of the 35th offers the following amendment:
Amend HR 291 by adding at the end thereof the following:
"Be it further resolved that in addition to members of the Metropolitan Atlanta Rapid Transit Overview Committee already

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JOURNAL OF THE HOUSE,

provided for, said Committee shall be composed of two additional members of the House of Representatives and two additional members of the Senate, all of whom shall be appointed to the Com mittee by the Governor.

The Department of Transportation shall make available to the Committee the services of its staff, including engineers and con sultants, in order to assist the Committee in its discharge of its duties."

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

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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Berlin Berry Blackshear Bohannon
Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Burruss Burton Carlisle
Carr Carrell Castleberry Clark Cole Collins, M. Collins, S. Coney Daugherty Davis, E. T. Davis, W. Dean, J. E.

Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Egan Elliott Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Harris, J. F. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, W. L. Howell Hudson Hutchinson Irvin, J.

Irvin, R. Irwin, J. R.
Johnson
Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J.
Larsen, G. K. Lee, W. J. (Bill)
Levitas
Lewis Logan Lowrey Marcus Matthews, D. R.
Mauldin McDonald McKinney
Miles Milford
Morgan Moyer Mulherin Mullinax Nessmith
Noble Northcutt Oxford Patten, G. C.

Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Reaves Ritchie Rogers Ross Russell, J. Russell, W. D.

FRIDAY, MARCH 16, 1973

3407

Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Townsend 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.

Harris, J. R. Lee, W. S.

Odom

Rush

Those not voting were Messrs.:

Alien Beckham Bennett
Brown, C. Brown, S. P.
Buck Busbee Chance Coleman Colwell Connell Dean, Gib Dickey

Ellis Ezzard Floyd, J. H.
Greer Horton, G. T. Howard
Jessup Jones Larsen, W. W. Mason Matthews, C. McCracken

McDaniell Murphy Nix Phillips, L. L. Roach Smith, J. R. Strickland Triplett Tucker Vaughn Wheeler, Bobby Mr. Speaker

On the motion to agree, the ayes were 139, nays 4.

The Senate amendment to HR 291-1110 was agreed to.

The following Bills of the House were taken up for the purpose of consider ing the Senate's amendment and substitute thereto:

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

3408

JOURNAL OF THE HOUSE,

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 following Senate amendment was read:
The Senate Committee on Special Judiciary moves to amend HB 704 as follows:
By striking the "," from Section 1, one line 9 of page 2, after the word "Attorney", and by striking from said Section 1 on line 28 of page 2, after the word "of", the following: "#", and inserting in lieu there of the following: "$".

Mr. Adams of the 74th moved that the House agree to the Senate amendment to HB 704.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 704 was agreed to.

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.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act incorporating the City of Stockbridge in the County of Henry, approved August 6, 1920 (Ga. Laws 1920, page 1531), as amended, so as to change the provisions relative to taxation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act incorporating the City of Stockbridge in the County of Henry, approved August 6, 1920 (Ga. Laws 1920, p. 1531), as amended, is hereby amended by adding a new paragraph at the end of Section 13, to read as follows:
Any other provisions of this Act to the contrary notwith-

FRIDAY, MARCH 16, 1973

3409

standing, the council is hereby authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenues to defray the cost of operating the city government, providing governmental services, and for other public purposes as determined by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations."

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

Mr. Tucker of the 69th moved that the House agree to the Senate substitute to HB 1142.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 1142 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was again taken up for consideration:

SR 119. By Senator Brown of the 47th:
A RESOLUTION
Authorizing the severing of Tract No. 3 (presently subleased to Omni International, Inc.) from that lease, dated January 12, 1960, as amended, originally between the Western and Atlantic Railroad Com mission (predecessor to the State Properties Control Commission) as Lessor, and City Center, Incorporated as Lessee, and the releasing of the present Lessees (Downtown Development Corp., FM Air Rights Company and City Center, Incorporated) from their obligations as to Tract No. 3, including the payment of rental therefor, arising under that lease; authorizing the severing of Tracts No. 6, 7 and 8 (presently subleased to Omni International, Inc.) from that lease, dated March 1, 1972, between the State of Georgia, as Lessor, and Allright Parking of Georgia, Inc., as Lessee, and the releasing of Allright Parking of Georgia, Inc., from its obligations as to Tracts No. 6, 7 and 8, including the payment of rental therefor, arising under that lease; authorizing the execution by the State of Georgia, acting by and through the State Properties Control Commission, as Lessor, of a new lease directly to Omni International, Inc., as Lessee, of the four tracts so severed (Tract No. 3 from the City Center, Incorporated lease and Tracts No. 6, 7 and 8 of the Allright Parking of Georgia, Inc. lease) upon the terms, conditions, covenants, agreements, and rental set forth in the Form of Lease attached to this Resolution; establishing certain criteria for the effectuation of the severance of the tracts and the releasing of the

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JOURNAL OF THE HOUSE,

obligations of the present Lessees by the execution of the new lease to Omni International, Inc. by the Chairman and Secretary of the State Properties Control Commission; providing an effective date; and for other purposes.

WHEREAS, the Western and Atlantic Railroad Commission and City Center, Incorporated entered into a lease dated the 12th day of January, 1960 (hereinafter referred to as the "1960 Lease") of certain overhead rights over the property described in the said 1960 Lease (including a Tract numbered 3, the lateral limits of which are more particularly shown by a plat of survey prepared by Watts & Browning, Engineers, dated February 6, 1967, a copy of said plat of survey being Exhibit "E" of the Form of Lease attached to this Resolution), so much of the land level as is necessary for support and appurtenances for certain structures, and the structures, when completed;

WHEREAS, the State Properties Control Commission has succeeded to the powers and duties of the Western and Atlantic Railroad Com mission;

WHEREAS, the rights and obligations of City Center, Incorporated under said 1960 Lease have been assigned to Downtown Development Corp., FM Air Rights Company and City Center, Incorporated;

WHEREAS, the said 1960 Lease was subsequently amended by the State Properties Control Commission and Downtown Development Corp., FM Air Rights Company and City Center, Incorporated by an amendment, dated February 15, 1968, which said amendment was approved by an Act of the General Assembly of the State of Georgia approved April 3, 1968 (Ga. Laws 1968, pp. 838-844) ;

WHEREAS, the said 1960 Lease was subsequently amended by the State Properties Control Commission and Downtown Development Corp., FM Air Rights Company and City Center, Incorporated by an amend ment, dated January 31, 1972, which said amendment was approved by an Act of the General Assembly of the State of Georgia approved April 12, 1971 (Ga. Laws 1971, pp. 798-807) ;

WHEREAS, Downtown Development Corp., FM Air Rights Com pany and City Center, Incorporated have, by an agreement, dated Sept ember 1, 1972, subleased Tract No. 3 described in the 1960 Lease to Omni International, Inc. (formerly named Forum International, Inc.) ;

WHEREAS, the State of Georgia acting by and through the State Properties Control Commission, and Allright Parking of Georgia, Inc. entered into a lease dated the 1st day of March, 1972 (hereinafter referred to as the "1972 Lease") of certain property, some parcels of which consist of ground and air rights and some parcels of which consist only of ground rights, which said 1972 Lease was approved by an Act of the General Assembly of Georgia approved March 1, 1972 (Ga. Laws 1972, pp. 58-132) ;
WHEREAS, Allright Parking of Georgia, Inc. has, by an agree ment, dated October 11, 1972, subleased Tracts No. 6, 7 and 8 of the

FRIDAY, MARCH 16, 1973

3411

property described in the 1972 Lease to Omni International, Inc. (formerly named Forum International, Inc.), Tract No. 6 being ground rights only and Tracts No. 7 and 8 being ground and air rights (subject to the Magnolia Street Viaduct), the lateral limits of the said Tracts No. 6, 7 and 8 being more particularly shown by a plat of survey prepared by State Highway Department of Georgia Division of Surveys & Aerial Mapping and made by W. A. Halliday, Georgia Registered Land Surveyor No. 1111, dated September 20, 1971, revised December 17, 1971, and entitled PROPERTY OF STATE OF GEORGIA, a copy of said plat of survey being Exhibit "D" of the Form of Lease attached to this Resolution;

WHEREAS, Tract No. 6 of the 1972 Lease (ground rights only) lies beneath a portion of Tract No. 3 of the 1960 Lease (air rights only) ;

WHEREAS, Downtown Development Corp., FM Air Rights Company, City Center, Incorporated, Allright Parking of Georgia, Inc. and Omni International, Inc. propose that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be severed from their respective original leases; that the present Lessees under the 1960 Lease and under the 1972 Lease be relieved of their obligations as to the Tract or Tracts applicable to their respective leases, including the payment of rental therefor, and that a new lease be executed directly by the State of Georgia, acting by and through the State Properties Control Commission, as Lessor and Omni International, Inc., as Lessee, uniting all of the severed Tracts;

WHEREAS, such action will be beneficial to the State of Georgia in that the severing of the four (4) tracts from their respective leases and the uniting of the four (4) tracts into a new lease directly to Omni International, Inc. will permit immediate development of the four (4) tracts to a greater economic degree than if permitted to remain under their respective leases;

WHEREAS, an exact copy of the proposed new direct lease is attached to, incorporated in and by reference made a part of this Resolution;

WHEREAS, also attached to, incorporated in and by reference made a part of this Resolution are certified corporate Resolutions of Allright Parking of Georgia, Inc., Downtown Development Corp., FM Air Rights Company, City Center, Incorporated and Omni International, Inc., in each Of which is contained a request of the respective corporation that the State of Georgia as Lessor, take this action and an indemnity to the State of Georgia against any and all claims of persons claiming by, through or under each respective corporation as to damages arising from this action;

WHEREAS, the General Assembly has carefully considered the requested action and the proposed new direct lease to Omni International, Inc. and has determined that they should be granted.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. The Chairman of State Properties Control Commission is hereby authorized and empowered to execute the new direct lease to Omni International, Inc., his signature being attested by the Secretary of the State Properties Control Commission, provided that:

(a) there is presented to him a Lease identical to the Form of Lease attached hereto, duly executed by Omni International, Inc.;

(b) there are presented to him certificates of the keepers of the minutes of Downtown Development Corp., FM Air Rights Company, City Center, Incorporated, Allright Parking of Georgia, Inc. and Omni International, Inc., that the corporate resolutions of each corporation attached hereto have not been altered, amended, rescinded or changed and that the same remain in full force and effect;

(c) the State Properties Control Commission has determined that Downtown Development Corp., FM Air Rights Company, City Center, Incorporated and Allright Parking of Georgia, Inc., have fully per formed and are presently current on all of their obligations, including the payment of rentals, on their respective leases and that the State of Georgia remains as secure, including surety and performance bonds, as it was prior to this Resolution;

(d) Omni International, Inc., and Allright Parking of Georgia, Inc., present to him an agreement, properly executed by both of them, whereby Omni International, Inc. agrees to permit Allright Parking of Georgia, Inc. nonexclusive use, to the benefit of the property remain ing subject to the 1972 Lease, of any way of ingress and egress pro vided by the State of Georgia, or at the request of the State of Georgia, by other persons or entities, to Omni International, Inc. pursuant to subsection (A) (3) (a) of Section Two of the new direct lease between the State of Georgia and Omni International, Inc., and Allright Parking of Georgia, Inc. agrees to accept such nonexclusive use as complete and full performance by the State of Georgia of its duties and obliga tions under subsection (B) (1) of Section Two of the 1972 Lease.

Section 2. Upon an execution of the new direct lease to Omni International, Inc. by the Chairman of the State Properties Control Commission, Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease shall be severed from the operation of those respective leases and the present Lessees shall be released from their respective obligations as to those Tracts, including the payment of rental therefor. Thereafter, rental under the 1960 Lease shall be payable only as specified for Tracts No. 1 and No. 2, subject to any adjustments provided for therein, whether due to reappraisals or otherwise; and the Base Annual Rental payable under the 1972 Lease shall be One Hundred Thousand Two Hundred Fifteen and 50/100 Dollars ($100,215.50), subject to any and all adjustments provided for therein whether due to Section Two of the 1972 Lease or otherwise. The percentage figure used to calculate the Additional Annual Rental under the 1972 Lease shall remain the same as provided in Section Three thereof but the new Base Annual Rental set forth above, subject to any and all adjustments provided for in the 1972 Lease, whether due to Section Two thereof or otherwise, shall be substituted into the

FRIDAY, MARCH 16, 1973

3413

formula used to calculate the Additional Annual Rental under the 1972 Lease.

Section 3. The Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to the Chairman of the State Properties Control Commission, to the Secretary of State, and to Omni International, Inc.

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

FORM OF LEASE BETWEEN THE STATE OF GEORGIA AND OMNI INTERNATIONAL, INC. COMMENCING UPON EXECUTION AND EXPIRING ON DECEMBER 27, 2044, OF CERTAIN PROP ERTY OWNED BY THE STATE OF GEORGIA, INCLUDING GROUND AND AIR RIGHTS IN THE AREA LYING NORTHERLY OF TECHWOOD VIADUCT AND EXTENDING TO A POINT NORTH OF FOUNDRY STREET IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA.

TABLE OF CONTENTS

Description Of Property Leased ..---..---------------.---------- 5

Encumbrances Of Property Leased ________________-_._.__...__.____._...Exhibit "C"

Term Of Lease ____________........_.....------.__-_--_--....-- 6

Section One: Base Annual Rental. _..-.-..._._----------...- 7

Section Two: (A) Base Annual Rental On ...... .._...__........--.._. 7

Exhibit "A" Property, As Affected By Reappraisals, Release Of Property And Escalation Factor.

(1) Base Annual Rental _....__.. ... On Exhibit "A" Property.

............ 7

(2) Base Annual Rental ......_.--------,, 8 On Exhibit "A" Property Commencing December 27, 2019, Based On Reappraisal.

(3) Reduction Of Base ._...._._.....----.-.. 9 Annual Rental On Exhibit "A" Property Due To Release Of Property For The Construction

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Of A Public Street Or Thoroughfare Or The Relocation Of The Right Of Way Of The Western And Atlantic Railroad.

(4) Additional Annual Rental ------ ------_........12 On Exhibit "A" Property.

(B) Base Annual Rental On Exhibit ................__............13
"B" Property, Including Adjustments Due To Reappraisals And Completion Of Georgia World Congress Center.

(1) Base Annual Rental On _....----------_------ 13 Exhibit "B" Property.

(2) Adjustment Of Base Annual ----------.--.--.-- 13 Rental On Exhibit "B" Property Due To Reappraisals.

(3) Adjustment Of Base Annual ..................._ --16 Rental On Exhibit "B" Property Due To Georgia World Congress Center.

Section Three: Structures To Be Constructed. .___..--_.....----.17

Section Four: Additional Rental. --------_._------__.----_._-__..18

Section Five: Rental And Other Sums Payable ------------------20 To Lessor.

Section Six: Late Charge ------------------__------...-----..20

Section Seven: Default In Rental Payment ------------------------20

Section Eight: (A) Security Deposit ------------------------------20 (B) Inadequacy Of Deposit ........----._.......----._..22

Section Nine: Interchanging Of Security Deposit --------____------ 22

Section Ten: Interest On Security Deposit --._... ._._.____...... ------22 (Other Than Cash)

Section Eleven: Return Of Security Deposit ___._......_.__.--..__..--_--22

Section Twelve: Encroachments, Adverse Uses And ----_--.......23 Occupancies Other Than Lawful Rights Previously Granted

Section Thirteen: Payment Of Taxes And ....... ....... .----.24 Assessments

FRIDAY, MARCH 16, 1973

3415

Section Fourteen: Contest Of Taxes And ------------------------24 Assessments

Section Fifteen: Evidence Of Payment Of Taxes -------__,,_.--25 And Assessments

Section Sixteen: Payment Of Utilities By Lessee ------...----_----25

Section Seventeen: Payments For Lessee By Lessor ------------25

Section Eighteen: Interest On Unpaid Amounts --------------...26

Section Nineteen: Compliance With Laws, ------------------.----26 Ordinances, Etc.

Section Twenty: Acceptance Of Premises By Lessee --.----------26

Section Twenty-One: Merger Of Improvements By Lessee------27

Section Twenty-Two: Protection Of Adjacent ----------------__----27
Property During Construction And Contractor's Insurance

Section Twenty-Three: Policy Limits Applicable --..--.----------28 For Year 1973

Section Twenty-Four: Approval Of Drawings, _________.,,----...29 Specifications And Cost Estimates By Lessor

Section Twenty-Five: Substantially Complete Defined -- ------29

Section Twenty-Six: Construction According To --------------.29 Approved Drawings And Specifications

Section Twenty-Seven: Payment Of Bills For Construction------31

Section Twenty-Eight: All Liens And Rights Are ----.------...-31 Subordinate To Lessor

Section Twenty-Nine: Completion Of Construction --------------32 By Lessor

Section Thirty: Title To The Improvements _----------------------82

Section Thirty-One: Abandonment Of Premises By Lessee--------32

Section Thirty-Two: (A) Subleases ..... __------____......------33 (B) Termination of ------------------------33
Subleases

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(C) Sublease To Omni ------------------------34 International, Ltd.

Section Thirty-Three: Assignment Of Lease With ------........----.35 Lessor's Consent

Section Thirty-Four: Maintenance Of Premises ----------------36

Section Thirty-Five: Work Required By .----------------------------36 Government Regulation

Section Thirty-Six: Indemnification Of Lessor By Lessee--------37

Section Thirty-Seven: Addition, Subtraction, _------___------------37 Renovation, Demolition Or Construction Anew Of The Improvements

Section Thirty-Eight: Return Of Premises ...----------------_----37

Section Thirty-Nine: (A) Casualty And Hazard----------------38 Insurance On Buildings (B) Loss Payable Clauses ----------.___--...38

Section Forty: No Invalidation Of Insurance By Lessee ----------39

Section Forty-One: Repair Of Damaged Improvements .----------39

Section Forty-Two: Damages For Failure To Comply ----,----41 With Repair Obligation

Section Forty-Three: Workman's Compensation Insurance ___----41

Section Forty-Four: Use Of Proceeds Of Insurance --------------42

Section Forty-Five: Termination Prior To ------------------------.42 Completion Of Repair

Section Forty-Six: Public Liability Insurance ----------------__.42

Section Forty-Seven: Delivery Of Insurance Policies ----------,,_ 43

Section Forty-Eight: Evidence Of Payment Of Premiums --------43

Section Forty-Nine: Mortgaging Of The Leasehold --------------43

Section Fifty:--Default--Lessee's Right To Cure ------.----------..48 Lessor's Rights Upon Failure By Lessee To Cure
Section Fifty-One: Extinguishment Of Lessee's ...........------.------50 Rights Upon Termination

FRIDAY, MARCH 16, 1973

3417

Section Fifty-Two: Prepaid Items Assigned _--------._____....61
Section Fifty-Three: Bankruptcy--Appointment ----------___..___.___.51 Of A Receiver--Debtor Relief Proceedings--General Assignment For Benefit Of Creditors--Levy Upon Premises
Section Fifty-Four: Inspection Of Premises By Lessor ----------52
Section Fifty-Five: Premises Subject To Zoning ----------------52
Section Fifty-Six: Total Or Partial Condemnation ----------------53
Section Fifty-Seven: Addresses For Notices ............._----------55
Section Fifty-Eight: Submission Of Matters For Approval__......56
Section Fifty-Nine: Holding Over By Lessee .._.._.._,,--......___56
Section Sixty: No Waiver Of Rights By Lessor .._..___..._.....__.57
Section Sixty-One: Rights Are Cumulative -...._____-----_.-.._------57

Section Sixty-Two: Provisions Are Binding On --_------_--_--.57 Assigns And Are Covenants Real

Section Sixty-Three: Lease Is Georgia Contract ----------------57

Section Sixty-Four: Terminate And Termination Defined--.___._--58

Section Sixty-Five: Premises Defined ___------------------_....----58

Section Sixty-Six: All Genders And Numbers Included ----------.58

Section Sixty-Seven: Invalidity Of Provisions --------------------58 Or Part Thereof

Section Sixty-Eight: State Properties Control .._.___......._____--..........59 Commission Acts For Lessor

Section Sixty-Nine: Time Is Of Essence ___._..--__----------------59

Section Seventy: Entire Agreement Contained Herein.------------59

Section Seventy-One: Section Captions Are To --------------------GO Be Disregarded

STATE OF GEORGIA, COUNTY OF FULTON:

WHEREAS, by an Act of the General Assembly of the State of Georgia, entitled "State Properties Control Code," approved February

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21, 1964 (Ga. Laws 1964, pp. 146-158), and by the Acts and Resolutions amendatory thereof and supplemental thereto, there was created a commission to be known as the "State Properties Control Commission," (hereinafter referred to as the "Commission") which, by the provisions of all of the said Acts and Resolutions, is authorized and empowered to contract for the leasing, and to lease certain property owned by the State of Georgia; and

WHEREAS, the Western and Atlantic Railroad Commission

(predecessor to the State Properties Control Commission) and City

Center, Incorporated entered into a lease dated January 12, 1960

(hereinafter referred to as the "1900 Lease") of certain overhead

rights over the property described in the said 1960 Lease (Tracts No.

1, 2 and 3), so much of the land level as is necessary for support and

appurtenances for certain structures, and the structures, when com

pleted, which lease was approved by an Act of the General Assembly

of the State of Georgia; and

,

WHEREAS, the rights and obligations of City Center, Incorporated under the 1960 Lease have been assigned to Downtown Development Corp., FM Air Rights Company and City Center, Incorporated; and

WHEREAS, the 1960 Lease was subsequently amended by the State Properties Control Commission and Downtown Development Corp., FM Air Rights Company and City Center, Incorporated by an amend ment dated February 15, 1968, which said amendment was approved by an Act of the General Assembly of the State of Georgia approved April 3, 1968 (Ga. Laws 1968, pp. 838-844) ; and

WHEREAS, the 1960 Lease was subsequently amended by the State Properties Control Commission and Downtown Development Corp., FM Air Rights Company and City Center, Incorporated by an amend ment dated January 31, 1972, which said amendment was approved by an Act of the General Assembly of the State of Georgia approved April 12, 1971 (Ga. Laws 1971, pp. 798-807) ; and

WHEREAS, Downtown Development Corps., FM Air Rights Company and City Center, Incorporated have, by an agreement dated September 1, 1972, subleased Tract No. 3 described in the 1960 Lease to Omni International, Inc. (formerly named Forum International, Inc.) ; and

WHEREAS, the State of Georgia acting by and through the State Properties Control Commission, as Lessor, and Allright Parking of Georgia, Inc., as Lessee, entered into a lease dated March 1, 1972 (hereinafter referred to as the "1972 Lease"), of certain property (some parcels of which consist of ground and air rights and some parcels of which consist only of ground rights) owned by the State of Georgia adjacent to the right of way of the Western and Atlantic Railroad between a point under the Forsyth Street Viaduct and a point north of Foundry Street in the City of Atlanta, Fulton County, Georgia (including Tracts numbered 6, 7 and 8), which said 1972 Lease was approved by an Act of the General Assembly of Georgia approved March 1, 1972 (Ga. Laws 1972, pp. 58-132) ; and

FRIDAY, MARCH 16, 1973

3419

WHEREAS, Allright Parking of Georgia, Inc. has, by an agree ment dated October 11, 1972, subleased Tracts No. 6, 7 and 8 of the property described in the 1972 Lease to Omni International, Inc. (form erly named Forum International, Inc), Tract No. 6 being ground rights only and Tracts No. 7 and 8 being ground and air rights (subject to the Magnolia Street Viaduct) ; and

WHEREAS, Tract No. 6 of the 1972 Lease (ground rights only) lies beneath a portion of Tract No. 3 of the 1960 Lease (air rights only) ; and

WHEREAS, Downtown Development Corp., FM Air Rights Com pany, City Center, Incorporated, Allright Parking of Georgia, Inc. and Omni International, Inc. propose that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be severed from their respective original leases; that the present Lessees under the 1960 Lease and under the 1972 Lease be relieved of their obligations as to the Tract or Tracts applicable to their respective leases, including the payment of rental therefor, and that a new lease be executed directly by the State of Georgia, acting by and through the State Properties Control Commission, as Lessor, and Omni International, Inc., as Lessee, uniting all of the severed Tracts; and

WHEREAS, Downtown Development Corp., FM Air Rights Com pany, City Center, Incorporated, Allright Parking of Georgia, Inc. and Omni International, Inc. have executed certified corporate resolutions acknowledging their consent and agreement to the proposed severance of the several Tracts and the entering into of a new lease between the State of Georgia, as Lessor and and Omni International, Inc., as Lessee, uniting all of the severed Tracts, each of said certified corporate resolutions containing an indemnity to the State of Georgia against any and all claims of persons claiming by, through or under each respective corporation as to damages arising from this action; copies of said certified corporate resolutions are attached hereto as Exhibits "G" through "K" respectively and are by reference incorporated herein as though fully set forth; and

WHEREAS, the execution of this lease has been authorized and approved by Resolution of the General Assembly of the State of Georgia approved ..._._.._._._...._........................., 1973; and

WHEREAS, the property and the right of the State of Georgia and the Commission to lease it are subject to certain uses, leases, easements, grants and rights (hereinafter referred to as "the en cumbrances") enumerated in Exhibit "C" attached hereto and by reference incorporated herein as though fully set forth:

NOW, THEREFORE, THIS INDENTURE OF LEASE, entered into by and between the State of Georgia, Party of the First Part (hereinafter referred to as "Lessor"), acting through the State Prop erties Control Commission, and Omni International, Inc., Party of the Second Part (hereinafter referred to as "Lessee") whose business address is 2 Peachtree Street, N.W., Atlanta, Georgia 30303.

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WITNESSETH:

The Lessor [under and by authority of the said Act of the General Assembly of the State of Georgia approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), and by the Acts and Resolutions amendatory thereof and supplemental thereto, and in pursuance thereof] for and in consideration of the premises and of the rents, provisions, convenants, terms and conditions hereinafter set forth does hereby let, lease and demise, subject to all of the encumbrances enumerated in Exhibit "C" attached hereto and by reference incorporated herein as though fully set forth, unto Lessee and Lessee does hereby take, lease and hire from Lessor, subject to all of the encumbrances enumerated in Exhibit "C" attached hereto and by reference incorporated herein as though fully set forth, all the right, title and interest which the Lessor has in and to the property more particularly described in Exhibit "A" and Exhibit "B" attached hereto, which said Exhibit "A" and Exhibit "B" are by reference incorporated herein as though fully set forth.
The lateral limits of the property described in Exhibit "A" herein leased are more particularly described as Tracts numbered 6, 7 and 8 on a plat of survey prepared by State Highway Department of Georgia Division of Surveys & Aerial Mapping and made by W. A. Halliday, Georgia Registered Land Surveyor No. 1111, dated September 20, 1971, revised December 17, 1971, and entitled PROPERTY OF THE STATE OF GEORGIA, a copy of said plat of survey being attached hereto, marked Exhibit "D" and by reference made a part of this description. The vertical limits of the property described in Exhibit "A" are determined by reference to each of the encumbrances enumerated in Exhibit "C", and the use of the property by each holder of an en cumbrance so enumerated. Also, included in this lease are all buildings, other structures and improvements of Lessors which are totally located within the lateral and vertical limits of the property described in Exhibit "A" herein leased on the day of execution of this lease.

The lateral limits of the property described in Exhibit "B" herein leased are more particularly described as Tract III (referred to in this lease as "Tract No. 3") on a plat of survey prepared by Watts & Browning, Engineers, dated February 6, 1967, a copy of said plat of survey being attached hereto, marked Exhibit "E" and by reference specifically incorporated into and made a part of this description. The vertical limits of the property described in Exhibit "B" are determined by reference to each of the encumbrances enumerated in Exhibit "C", and the use of the property by each holder of an encumbrance so enumerated.
TO HAVE AND TO HOLD the property more particularly de scribed in Exhibit "A" and Exhibit "B" attached hereto for a term commencing at the time and date of execution of this lease by the Chairman of the Commission (hereinafter referred to as the "day of execution of this lease") and expiring at 12:00 o'clock midnight on December 27, 2044, unless this lease shall be sooner terminated as hereinafter provided.
This leasing and hiring is made upon the foregoing and upon the following agreements, covenants, conditions and terms, all of which

FRIDAY, MARCH 16, 1973

3421

the parties respectively agree to keep, abide by and perform during the term hereof:

Section One: Base Annual Rental. Lessee convenants and agrees to pay throughout the term of this lease to the State of Georgia, a base annual rental consisting of two elements, the base annual rental on the property more particularly described in Exhibit "A" attached hereto (hereinafter referred to as the "Base Annual Rental On Exhibit "A" Property"), as provided for in sub-section (A) (1) of Section Two hereof and the base annual rental on the property more particularly described in Exhibit "B" attached hereto (hereinafter referred to as the "Base Annual Rental On Exhibit "B" Property"), as provided for in sub-section (B) (1) of Section Two hereof (the sum of the two elements being referred to hereinafter as "Base Annual Rental"). The Base Annual Rental shall be payable, in advance, in equal monthly installments due on the first day of each calendar month throughout the term hereof. Such Base Annual Rental payments shall be prorated for any month in which this lease is not in effect for the entire month. The Base Annual Rental payment due for the remainder of the month in which the day of execution of this lease falls shall be due and payable on the day of execution.

Section Two: (A) Base Annual Rental On Exhibit "A" Property, As Affected By Reappraisals, Release Of Property And Escalation Factor.

"(1) Base Annual Rental On Exhibit "A" Property. Lessee covenants and agrees to pay to the State of Georgia, a Base Annual Rental on the property more particularly described in Exhibit "A" attached hereto (hereinafter sometimes referred to as the "Exhibit "A" Property") of:

(a) Twenty-Nine Thousand Nine Hundred Thirty-four and 50/100 Dollars ($29,934.50) for the period commencing on the date of execution of this lease to the date December 27, 1994.

(b) Seventy-Eight Thousand Ninety-Nine and 11/100 Dollars ($78,099.11) for the period commencing on December 27, 1994, to the date December 27, 2019.

(c) The reappraised fair market rental value of the Exhibit "A" Property, as determined pursuant to sub-section (A) (2) of this Section Two for the period commencing on December 27, 2019, to the date December 27, 2044.

(2) Base Annual Rental On Exhibit "A" Property Commenc ing December 27, 2019, Based On Reappraisal. The Base Annual Rental On Exhibit "A" Property provided for in sub-section (A) (1) (c) of this Section Two shall be the reappraised fair market rental value of the Exhibit "A" Property. The Base Annual Rental On Exhibit "A" Property to commence on December 27, 2019, shall be determined by computing the average of three (3) appraisals of the then fair market rental value of the Exhibit "A" Property. The Lessor and the Lessee shall each appoint one (1) appraiser

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and the two (2) appraisers so appointed shall mutually appoint a third (3rd) appraiser, all of whom shall be members of a nationally recognized appraisal agency or institute. The Lessor and the Lessee shall each pay the cost of their appraiser and one-half (Vz) of the cost of the third appraiser. The said appraisers shall be directed to determine the fair market rental value of the Exhibit "A" Property, expressly excluding the value of any improvements thereon made by Lessee or any holder under Lessee and expressly excluding any personal property thereon. The said appraisals shall be made no earlier than nine (9) months nor later than six (6) months prior to the date December 27, 2019. Provided, however, that the Base Annual Rental On Exhibit "A" Property to com mence on December 27, 2019, shall in no event be less than TwentyNine Thousand Nine Hundred Thirty-four and 50/100 Dollars ($29,934.50), as adjusted pursuant to sub-section (A) (3) (b) of this Section Two hereof.

(3) Reduction Of Base Annual Rental On Exhibit "A" Property Due To Release Of Property For The Construction Of A Public Street Or Thoroughfare Or The Relocation Of The Right Of Way Of The Western And Atlantic Railroad. Lessee expressly covenants and agrees that should Lessor desire, prior to the date, March 1, 1977, to authorize the construction of a public street or throughfare or the relocation of the right of way of the Western and Atlantic Railroad (from its location as of the day of execution of this lease) on all or any part of the Exhibit "A" Property lying east of a line more particularly described in Exhibit "F" attached hereto and by reference incorporated herein, said line being designated as "Street Or Railroad Relocation Line" on the plat of survey attached hereto as Exhibit "D", Lessee, upon sixty (60) days written notice from Lessor of Lessor's desire and of a description of the property upon which the said public street or thoroughfare is to be con structed or upon which the said railroad right of way is to be relocated, shall execute and deliver to Lessor an instrument releas ing, demising, conveying and transferring to Lessor all of Lessee's right, title and interest in and to the property described in Lessor's written notice. Lessee's duty to execute and deliver the said instrument is conditioned upon the following:

(a) the providing by Lessor or, at the request of Lessor, by other persons or entities, to Lessee of a nonexclusive way of ingress and egress, at least twenty (20) feet in width and in the vicinity of either the Magnolia Street Viaduct or the Techwood Drive Viaduct at Lessor's option, from the easternmost boundary of the Exhibit "A" Property (and not the Exhibit "B" Property) remaining after the construction of the public street or thoroughfare or the relocation of the said railroad right of way, to a public street, way or thoroughfare; and

(b) the reduction, at the time of delivery of the said instru ment, of the Base Annual Rental On Exhibit "A" Property by an amount equal to the sum of the products obtained in (i) and (ii) below:
(i) multiply the number of square feet released to Lessor

FRIDAY, MARCH 16, 1973

3423

in Tracts numbered 6 and 7 shown on the plat of survey at tached hereto as Exhibit "D" by $0.155; and

(ii) multiply the number of square feet released to Lessor in the Tract numbered 8 shown on the plat of survey attached hereto as Exhibit "D" by $0.180.

If the said public street or thoroughfare is not constructed, or if the said railroad right of way is not relocated, within five (5) years from the date of delivery to Lessor of the said instrument, the use of the property described in the said in strument shall revert to the Lessee, subject to all of the agree ments, covenants, conditions, and terms of this lease, as though the same had never been released, demised, conveyed and trans ferred to Lessor and the Base Annual On Exhibit "A" Property shall return to the amount that it was on the day of delivery to Lessor of the said instrument.

(4) Additional Annual Rental on Exhibit "A" Property. Les see shall, in addition to the Base Annual Rental on Exhibit "A" Property provided for in sub-section (a) (1) of this Section Two above, pay to the State of Georgia each year as additional annual rental (hereinafter referred to as "Additional Annual Rental") an amount equal to the product obtained by multiplying the Base An nual Rental On Exhibit "A" Property provided for in sub-section (A) (1) of this Section Two above (as determined pursuant to sub section (A) (2) and (A) (3) of this Section Two above) by an escalation factor equal to the product obtained by multiplying 1.45 percent (1.45%) by the number of years that have elapsed since March 1, 1972, or December 27, 1994, or December 27, 2019, which ever is most recent, through the end of the preceding lease year (Base Annual Rental On Exhibit "A" Property x percentage x number of expired years = Additional Annual Rental). The Addi tional Annual Rental, as hereinabove provided for, shall be payable, in advance in equal monthly installments due on the first day of each calendar month throughout the term hereof. In the event the term hereof commences on a date other than the first day of a calendar month, the monthly payments of the applicable Additional Annual Rental shall be prorated. Such additional Annual Rental payments shall also be prorated for any month in which this lease is not in effect for the entire month.

(B) Base Annual Rental On Exhibit "B" Property, Including Ad justments Due to Reappraisals And Completion Of Georgia World Con gress Center.
(1) Base Annual Rental on Exhibit "B" Property. Lessee covenants and agrees to pay to the State of Georgia a Base Annual Rental on the property more particularly described in Exhibit "B" attached hereto (hereinbefore and hereinafter sometimes referred to as the "Exhibit "B" Property") of Eleven Thousand Four Hun dred Sixty-Seven and 13/100 Dollars ($11,467.13).

(2) Adjustment Of Base Annual Rental On Exhibit "B" Property Due To Reappraisals.

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(a) The Base Annual Rental On Exhibit "B" Property pro vided for in sub-section (B) (1) of this Section Two shall be ad justed on December 27, 1994, on the basis of the reappraised fair market rental value of the Exhibit "B" Property. The adjusted Base Annual Rental on Exhibit "B" Property to commence on De cember 27, 1994, shall be determined by computing the average of three (3) appraisals of the then fair market rental value of the Ex hibit "B" Property. The Lessor and the Lessee shall each appoint one (1) appraiser and the two (2) appraisers so appointed shall mu tually appointed a third (3rd) appraiser, all of whom shall be mem
bers of a nationally recognized appraisal agency or institute. The Lessor and the Lessee shall each pay the cost of their appraiser and one-half (%) of the cost of the third appraiser. The said appraisers shall be directed to determine the fair market rental value of the Exhibit "B" Property, expressly excluding the value of any im provements thereon made by Lessee or any holder under Lessee and expressly excluding any personal property thereon. The said ap praisals shall be made no earlier than nine (9) months nor later than six (6) months prior to the date December 27, 1994. The ad justed Base Annual Rental On Exhibit "B" Property to commence on December 27, 1994, shall in no event be less than four hundred percent (400%) nor more than five hundred percent (500%) of the Base Annual Rental On Exhibit "B" Property set forth in sub section (B) (1) of this Section Two hereof (except as provided in subsection (B) (3) (b) of this Section Two.

(b) The Base Annual Rental On Exhibit "B" Property pro vided for in sub-section (B) (1) of this Section Two shall be ad justed on December 27, 2019, on the basis of the reappraised fair market rental value of the Exhibit "B" Property; provided, how ever, that the Base Annual Rental On Exhibit "B" Property to commence on December 27, 2019, shall in no event be less than Eleven Thousand Four Hundred Sixty-Seven and 13/100 Dollars ($11, 467.13). The adjusted Base Annual Rental On Exhibit "B" Property to commence on December 27, 2019, shall be determined by comput ing the average of three (3) appraisals of the then fair market rental value of the Exhibit "B" Property. The Lessor and the Lessee shall each appoint one (1) appraiser and the two (2) appraisers so appointed shall mutually appoint a third (3rd) appraiser, all of whom shall be members of a nationally recognized appraisal agency or institute. The Lessor and the Lessee shall each pay the cost of their appraiser and one-half (%) of the cost of the third appraiser. The said appraisers shall be directed to determine the fair market value of the Exhibit "B" Property, expressly excluding the value of any improvements thereon made by Lessee or any holder under Lessee and expressly excluding any personal property thereon. The said appraisals shall be made no earlier than nine (9) months nor later than six (6) months prior to the date December 27, 2019.

(3) Adjustment Of Annual Rental On Exhibit "B" Property Due To Georgia World Congress Center. Lessor and Lessee acknowl edge that The Executive Board of The Georgia World Congress Center at its meeting held on December 19, 1972, recommended the location of the Georgia World Congress Center in the vicinity of the PROPERTY. In the event of the substantial completion of the

FRIDAY, MARCH 16, 1973

3425

Georgia World Congress Center in the vicinity of the site which was recommended at the December 19, 1972 meeting:

(a) the Base Annual Rental On Exhibit "B" Property as pro vided for in sub-section (B) (1) of this Section Two shall, com mencing on the first day of the month following the substantial completion of the Georgia World Congress Center be increased to Twenty-Two Thousand Nine Hundred Thirty-Four and 26/100 Dol lars ($22,934.26) which amount is two hundred percent (200%) of the Base Annual Rental On Exhibit "B" Property as provided in sub-section (B) (1) of this Section Two, and

(b) the maximum permissible adjusted Base Annual Rental on Exhibit "B" Property provided for in the last sentence of sub-sec tion (B) (2) (a) of this Section Two shall be six hundred percent (600%) instead of five hundred percent (500%).

Section Three: Structures To Be Constructed. Lessee shall com mence and prosecute with due diligence and substantially complete on or before December 28, 1993, a structure located on Tract numbered 6 as shown on the plat of survey attached hereto as Exhibit "D" and/or on the property described in Exhibit "B" attached hereto, the cost of which structure shall not be less than Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000.00). Provided that Lessee shall guarantee to Lessor the faithful execution of the substantial completion of such structures by December 28, 1993, by depositing on or before De cember 28, 1977, with Lessor, United States bonds or other security ac ceptable to the State Properties Control Commission in an amount equal to the difference between the Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000.00) requirement as to the cost of the structure and the actual cost of the structure completed on December 28, 1977. Should Lessee fail to commence and prosecute with due dili gence and substantially complete on or before December 28, 1993, a structure meeting the Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000.00) requirement as to cost, then the se curity hereinabove provided shall be forfeited to Lessor as liquidated damages; provided, however, that Lessee shall have the right to elect to forfeit its rights to and interest in all property located within Tract numbered 6 as shown on the plat of survey attached hereto as Exhibit "D" and all property described in Exhibit "B" attached hereto in lieu of forfeiting the security provided for hereinabove. In the event Lessee shall elect to forfeit its rights to and interest in all property located within Tract numbered 6 as shown on the plat of survey attached hereto as Exhibit "D" and all property described in Exhibit "B" at tached hereto, Lessee shall have no further obligation to pay the Base Annual Rental On Exhibit "B" Property provided for in sub-section (B) of Section Two of this lease and there shall be a reduction after said forfeiture in the Base Annual Rental on Exhibit "A" Property provided for in sub-section (A) of Section Two of this lease in the same proportion that the total number of square feet of the property located within Tract numbered 6 as shown on the plat of survey attached here to as Exhibit "D" bears to the total number of square feet of the Ex hibit "A" Property.

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Section Four: Additional Rental. Commencing on the date of this lease and continuing only until Lessee substantially completes struc tures located on Tract numbered 6 as shown on the plat of survey at tached hereto as Exhibit "D" and/or the property described in Exhibit "B" attached hereto meeting the requirements as to cost hereinbefore set out in Section Three hereof, Lessee shall pay monthly in advance to the State of Georgia additional rental (hereinafter referred to as "Additional Rental") according to the following table of calendar periods and percentage figures:

Date of lease to June 28, 1973--Six and one-half percent per annum of the Base Annual Rental On Exhibit "B" Property.

June 28, 1973, to December 28, 1973--Seven percent per annum of the Base Annual Rental On Exhibit "B" Property.

December 28, 1973, to June 28, 1974--Seven and one-half percent per annum of the Base Annual Rental On Exhibit "B" Property.

June 28, 1974, to December 28, 1974--Eight percent per annum of the Base Annual Rental On Exhibit "B" Property.

December 28, 1974, to June 28, 1975--Eight and one-half percent per annum of the Base Annual Rental On Exhibit "B" Property.

June 28, 1975, to December 28, 1975--Nine Percent per annum of the Base Annual Rental On Exhibit "B" Property.

December 28, 1975, to June 28, 1976--Nine and one-half percent per annum of the Base Annual Rental On Exhibit "B" Property.

June 28, 1976, to December 28, 1993--Ten percent per annum of the Base Annual Rental On Exhibit "B" Property.

Provided, however, that nothing contained in this Section Four relat ing to Additional Rental to be paid by the Lessee shall be construed to be an extension beyond the date December 28, 1993, of the time in which Lessee must commence and prosecute with due diligence and substantially complete structures located on Tract numbered 6 as shown on the plat of survey attached hereto as Exhibit "D" and/or on the property de scribed in Exhibit "B" attached hereto meeting the requirements as to cost as hereinbefore set out in Section Three of the lease. Provided, further, however, that if the adjustment of Base Annual Rental On Exhibit "B" Property shall be increased to Twenty-Two Thousand Nine Hundred Thirty-four and 26/100 Dollars ($22,934.26) pursuant to sub-section (B) (3) (a) of Section Two above, then simultaneously therewith, the percentages shown and used to determine Additional Rental in this Section Four shall be doubled for each applicable cal endar period.

Section Five: Rental And Other Sums Payable To Lessor. Payment of all rental (including all Base Annual Rental, Additional Rental and Additional Annual Rental) and other sums due to Lessor under this

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3427

lease shall be made payable to the "State of Georgia" and delivered to the Secretary of the State Properties Control Commission of the State of Georgia or to such other agent of Lessor as may be designated in writing by Lessor.

Section Six: Late Charge. In the event the Lessee shall fail or refuse to pay any monthly installment of Base Annual Rental, Additional Rental or Additional Annual Rental within five (5) days after the same shall be due, the Lessee shall pay a late charge equal to three percent (3%) of the amount due but not paid.

Section Seven: Default In Rental Payment. In the event Lessee, after written notice from Lessor, shall fail or refuse to pay to Lessor any monthly installment of rental (either Base Annual Rental, Additional Rental or Additional Annual Rental) provided for in this lease within fifteen (15) days after the date of the written notice from Lessor, the Lessor may declare a default, and, at its option, immediately elect to follow one of the options provided in Section Fifty of this lease.

Section Eight: (A) Security Deposit. Lessee further agrees to deposit with, prior to the day of execution of this lease, and to thereafter maintain with the Fiscal Division of the Department of Administrative Services of the State of Georgia or such other agent of Lessor as may be designated in writing by Lessor, as security for the faithful per formance of the undertakings, duties and obligations of Lessee under this lease including, but not limited to, the payment of rentals and all other sums owed Lessor by Lessee:

(1) a surety bond issued by a responsible insurance company legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, in an amount equal to the then current Base Annual Rental as determined in Sections One and Two of this lease; or,

(2) recognized valid bonds of the United States Government, the State of Georgia or any of the bond issuing authorities or agen cies of the State of Georgia having a then aggregate par value equal to the then current Base Annual Rental as determined in Sections One and Two of this lease; or

(3) such other security as may be acceptable to the Commis sion having a value equal to the then current Base Annual Rental as determined in Sections One and Two of this lease.

No interest shall be paid by Lessor on said Security Deposit. In the event of a default hereunder, not timely cured or remedied, the said Security Deposit shall be retained by Lessor and may be applied toward the damages arising from any such default, provided, however that the said Security Deposit shall not be construed as constituting liquidated damages.
(B) Inadequacy Of Deposit. If at any time after the day of execu tion of this lease the Lessor shall determine that the security so de posited and maintained is inadequate, Lessee shall, within (30) days

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following written notice by the Lessor of such inadequacy, make good said deficiency by the deposit of other or additional bonds or such other security as the Commission may reasonably require.

Section Nine: Interchanging Of Security Deposit. Lessee, in good faith and after the initial deposit, shall have the privilege of changing and interchanging such deposited security from time to time upon the express written approval of Lessor.

Section Ten: Interest On Security Deposit (Other Than Cash). Lessee, having fully complied with Section Eight above, shall have the right to any and all interest that may accumulate on any security other than cash so deposited.

Section Eleven: Return Of Security Deposit. If upon the termina tion of this lease, Lessee shall have well and truly performed the under takings, duties and obligations of Lessee under this lease including, but not limited to, the payment of rentals and all other sums owed Lessor by Lessee, any security on deposit with the Lessor pursuant to Section Eight above shall be returned to the Lessee.

Section Twelve: Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Previously Granted. Lessee acknowledges that possession of the PROPERTY was delivered by the State of Georgia pursuant to the provisions of that certain Lease Contract dated January 12, 1960, as amended, between the Western and Atlantic Railroad Com mission and City Center, Incorporated (as applicable to that portion of the PROPERTY affected thereby) and pursuant to the provisions of that certain Lease dated March 1, 1972, between the State of Georgia and Allright Parking of Georgia, Inc. (as applicable to that portion of the PROPERTY affected thereby). Lessee, acting in its own name and behalf, shall undertake to remove and cause the discontinuance of any and all encroachments, adverse uses and occupancies (other than the rights, privileges and interests in, to, and upon the PROPERTY, or any part thereof in parties other than Lessor by virtue of the encum brances enumerated in Exhibit "C" attached hereto) ; however, Lessor will, if and when so requested by Lessee, join with Lessee and become a party to any proceeding, judicial or otherwise, instituted for the pur pose of freeing the PROPERTY from said encroachments, adverse uses and occupancies. If, due solely to any such encroachments, adverse uses and occupancies, Lessee cannot use and enjoy the said PROPERTY or any portion thereof, this lease shall not be void or voidable by the Lessee nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom nor shall the duties and obligations of the Lessee be affected, modified or changed thereby. It is understood and agreed that when such encroachments, adverse uses and occupancies shall have been re moved by judicial proceedings or otherwise, the use of those portions of the PROPERTY previously subject to such encroachments and other ad verse uses and occupancies for the remaining period of this lease shall inure to the benefit of Lessee to the same extent as the other portions of the PROPERTY herein leased shall inure to it under the provisions, covenants, terms and conditions of this lease.

Section Thirteen: Payment Of Taxes And Assessments. It is hereby determined and declared by the Lessor and Lessee that nothing con-

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tained in this lease is intended to exempt from ad valorem taxes or subject to ad valorem taxes the interest or estate of Lessee created by this lease; however, Lessee shall bear and pay to the public officer charged with the collection thereof, before the same shall become de linquent, and shall idemnify, save and hold harmless the Lessor from the payment of, any and all taxes, assessments, license fees, excises, im posts, fees and charges of every sort, nature and kind, which during the full term of this lease are or might be levied, assessed, charged or imposed upon or against the Premises and any and all improvements which are constructed and located thereon during the term of this
lease.

Section Fourteen: Contest Of Taxes And Assessments. If the im position of any tax, assessment, license fee, excise, impost, fee or charge shall be deemed by Lessee to be improper, illegal or excessive, Lessee may, at its sole cost and expense and in its own name, dispute and con test the same and, in such case, such item need not be paid until ad judged to be valid; however, Lessee shall first notify Lessor of such contest and shall furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of such item so contested. Unless so contested by Lessee, all such taxes, assessments, license fees, excises, imposts, fees and charges shall be paid by Lessee within the time pro vided by law, and if contested, any such tax, assessment, license fee, ex cise, impost, fee or charge shall be paid before the issuance of an execu tion on a final judgment.

Section Fifteen: Evidence Of Payment Of Taxes And Assessments. After all payments are made by the Lessee pursuant to and in con formity with Section Thirteen above, Lessee shall at once furnish to Lessor duplicate receipts or other satisfactory evidence of such pay ment.

Section Sixteen: Payment Of Utilities by Lessee. Lessee is to be responsible for and shall pay for all utility, water, sanitation, gas, heat, light, power, steam and telephone services and for all other services supplied to the Premises.

Section Seventeen: Payments For Lessee By Lessor. If Lessee fails to procure insurance, as hereinafter provided, or fails to pay, in ac cordance with this lease, any taxes, assessments, license fees, excises, imposts, fees, charges, or premiums of insurance, or fails in the payment of any and all amounts herein provided to be paid by Lessee (other than Base Annual Rental, Additional Rental or Additional Annual Rental), Lessor may, at Lessor's option, by giving written notice to Lessee, declare, a default and if Lessee does not remedy or cure the de fault within ten (10) days after the written notice, immediately elect to follow one of the options provided in Section Fifty of this lease or, without declaring a defualt on behalf of Lessee, procure any such insur ance, and make any such payment or payments as may be necessary. Any amounts so paid or expended by Lessor shall be reimbursed and paid to Lessor by Lessee on demand.

Section Eighteen: Interest On Unpaid Amounts. Any amounts which are payable under this lease by Lessee to Lessor, including any rentals after a default is declared by Lessor, and which are not paid

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when due shall bear interest at the rate of eight percent (8%) per annum. If it becomes necessary for Lessor to bring suit for collection of any amounts herein stipulated to be paid, Lessee agrees to pay any and all such expenses and costs as Lessor may incur, including reasonable
attorney's fees.

Section Nineteen: Compliance With Laws, Ordinances, Etc. At all times, Lessee shall conform to, obey and comply with all present and future laws and ordinances, and all lawful requirements, rules, and regu lations of all legally constituted authorities, existing at the commence ment of the term of this lease or at any time during the continuance of this lease, which in any way affect the Premises or the use of the Premises, or any repair, replacement, demolition, renovation, construc tion, restoration or excavation being done on or to the Premises, or in any way affecting this lease. The right to contest the validity thereof in good faith, at its sole cost and expense and in its own name, is hereby reserved to the Lessee provided Lessee shall first give Lessor notice of such contest.

Section Twenty: Acceptance Of Premises By Lessee. Lessee ac cepts the Premises as defined in Section Sixty-Five of this lease as suited for the use intended by Lessee. Lessor shall not be required, during the term of this lease, to make any repair or alteration to the Premises or in any manner to supply maintenance for the Premises of any build ings, other structures or improvements located thereon or therein.

Section Twenty-One: Merger Of Improvements By Lessee. Lessor consents to the construction of buildings and improvements over and across property lines, both vertical and horizontal, separating the Proper ty from other lands owned, leased or subleased by Lessee, or in which Lessee is the assignee of a lessee, but nothing herein shall be deemed to be a demise to Lessee by Lessor of any right, estate, license or ease ment in or to any lands except the PROPERTY nor shall anything con tained herein be deemed to be a demise by Lessor to any adjacent land owner of any right, estate, license or easement in or to the PROPERTY. Lessee agrees to furnish to Lessor prior to commencement of any con struction over and across said boundary lines an agreement in re cordable form and containing covenants running with the land executed by the owner or owners of every interest (including the holder of any security deed or other encumbrance) in the lands adjacent to the PROPERTY onto which such improvements are to be constructed, which will permit Lessor upon termination of this lease to own, use, possess and operate (including the right to alter or demolish) that part of the improvements located on the PROPERTY, or any part thereof, without any obligation or liability whatsoever on the part of the Lessor to the owner or owners of such adjacent land.

Section Twenty-Two: Protection Of Adjacent Property During Construction And Contractor's Insurance. While any construction (which term as used in this lease shall also include any alteration, renovation, demolition, reconstruction, repair, restoration or replacement) is being done on the Premises, Lessee shall protect all adjacent property and in connection with such protection, Lessee agrees that in any contracts it shall make with any contractor or contractors who may perform work on or about the Premises, it will require such contractor or contractors

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to obtain and keep in force at the contractor's expense at all times during the performance of such work, a policy of Contractor's Public Liability and Property Damage Liability Insurance covering the operations per formed by the Contractor, such policy to have limits of not less than $500,000.00 for all damage arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total of $1,000,000. for all damages arising out of bodily injuries to or death of two or more persons in any one accident, and limits of not less than $500,000.00 for all damage arising out of damage or destruction of property in any one accident, with an aggregate limit of $1,000,000.00 for all damages arising out of damage to or destruction of property during the policy period. If any portion of such work is to be performed by other than a prime contractor or contractors, similar insurance hav ing similar limits shall be provided by or on behalf of each subcontractor
to cover the operations of each.

Section Twenty-Three: Policy Limits Applicable For Year 1973. The policy limits provided for in Section Twenty-Two above shall be applicable during the year 1973. If at the time work is done by any con tractor the value of the dollar has declined appreciably below its pur chasing power as of January, 1973, the limits of all insurance called for in Section Twenty-Two above shall be increased in approximate propor tion to the decline in dollar value.

Section Twenty-Four: Approval Of Drawings, Specifications And Cost Estimates By Lessor. Lessee, prior to commencing any construction on the PROPERTY shall deliver to Lessor, for Lessor's approval, final architect's drawings, specifications and cost estimates of the construc tion. After Lessor's approval has been obtained but prior to Lessee's commencing such construction, Lessee shall either:

(1) deliver to Lessor a bond having a good and solvent cor porate surety acceptable to Lessor, guaranteeing to Lessor the sub stantial completion of the proposed work in accordance with the drawings, specifications and cost estimates approved by Lessor, and the due payment for all labor and materials incorporated in such work and all fees and other expenses incurred in connection there with; or

(2) deliver other assurances satisfactory and acceptable to Lessor for completion of such work and the due payment of the full cost thereof.

Section Twenty Five: Substantially Complete Defined. Substantially complete as used in this lease shall be construed to mean such condition as is sufficient, suitable and ready for occupancy and for the use in tended.
Section Twenty-Six: Construction According To Approved Draw ings and Specifications. Lessee shall complete any construction on the Premises with appurtenant water, sewer, gas and electric wire connec tions, substantially in accordance with the drawings and specifications so submitted to and approved in writing by Lessor. The drawings and specifications for any construction shall include drawings and specifica tions for adequate ventilating, lighting, and drainage systems for the

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Premises. The said drawings and specifications, including all of the said systems, shall permit railroad operations on the adjacent Western and Atlantic Railroad right of way in a safe, convenient, expeditious, economical and healthful manner. The right of approval by Lessor shall include, but not be limited to, the right to approve the strength, dura bility and method of construction as well as the location and design of the improvements or any part or parts thereof so that the use of ad jacent property by other tenants or lessees of Lessor shall not be ob structed, interfered with or endangered. If after the construction of said structures, Lessor shall reasonably determine that the ventilating, lighting or drainage systems shall not be sufficient, or that notwith standing the construction of such ventilation or drainage systems, smoke gas and/or water are concentrated or permitted to escape in such a man ner or in such quantities as to injure or damage adjoining property, or the property of the State of Georgia, or in such manner as to render Lessor liable in damages to any persons or corporations on account thereof, or to prohibit the use of the Western and Atlantic Railroad by its lessee in a safe, convenient, expeditious, economical and healthful manner, Lessee will promptly provide and construct totally at its own expense any additional ventilating or drainage devices which Lessor may reasonably conclude to be necessary for such purposes, notwithstanding the approval of Lessor of the original drawings for such ventilating or drainage devices, such changes to be specified by Lessor in writing. Af ter completion of said structures Lessee will furnish Lessor, at Lessee's expense, one complete set of "as-built" final plans and specifications of the improvements together with a plat of survey depicting the location and design of the improvements as the same have been constructed.
Section Twenty-Seven: Payment Of Bills For Construction. Lessee covenants and agrees to pay, currently as they become due and payable, all bills for labor, materials, insurance, and bonds, and for all archi tect's, engineers', contractors' and subcontractors' fees, and for all other expenses and costs incident to any construction on the PROPERTY; provided, however, that Lessee may, in good faith, at its sole cost and expense and in its own name, dispute and contest the same, and in such case, any such item need not be paid until adjudged to be valid if Lessee shall first notify Lessor of such contest and shall furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of any such item so contested. Unless so contested by Lessee, all such items shall be paid by Lessee within the time provided by law, and if con tested, any such item shall be paid before the issuance of an execution on the final judgment.
Section Twenty-Eight: All Liens And Rights Are Subordinate To Lessor. Lessee's rights, as well as the rights of anyone else, including but not limited to, any mortgagee, architect, engineer, contractor, subcon tractor, mechanic, laborer, materialman or other lien or claim holder, shall always be and remain subordinate, inferior, and junior to Lessor's reversionary title, interest and estate in the Premises.
Section Twenty-Nine: Completion Of Construction By Lessor. Lessee agrees and covenants that in the event of the abandonment or non-com pletion of any construction undertaken by it upon the PROPERTY, or in the event of Lessee's failure to complete and finish the same in ac cordance with all the requirements of this lease, then the Lessor shall have the option, but without any obligation so to do and without preju-

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dice to any other rights in consequence of a default, to complete or finish the construction undertaken by the Lessee at the expense and cost of the Lessee and, as nearly as practicable and proper, according to the final architect's drawings, specifications and cost estimates previously approved by Lessor. Lessee shall, at the time of submission of the final architect's drawings, specifications and cost estimates to Lessor for approval, present to Lessor written permission in form and content ac ceptable to Lessor, of the architect who created the drawings and specifications for use by Lessor of the drawings and specifications, with out charge to Lessor for such use, in the event Lessor elects to complete or finish the construction undertaken by Lessee or any part or parts thereof.

Section Thirty: Title To The Improvements. The improvements shall upon completion become a part of the PROPERTY and the legal title to the same shall vest in the Lessor at the termination of this lease.

Section Thirty-One: Abandonment Of Premises By Lessee. If Lessee vacates or abandons the Premises at any time during the term of this lease, Lessor, without notice to Lessee, may declare a default, and at its option, immediately elect to follow one of the options provided in Section Fifty of this lease. If Lessee abandons, vacates or surrenders the Premises, or is dispossessed by process of law, or otherwise, any personal property or trade fixtures belonging to Lessee and left on the Premises shall be deemed to be abandoned, at the option of the Lessor.

Section Thirty-Two: (A) Subleases. Lessee shall have the right to sublease all or any portion of the Premises for a term of years (includ ing all optional and renewal terms) not to exceed twenty-five (25) years without the consent or approval of Lessor. In no case shall a sublease relieve Lessee of any of its obligations under this lease, including the payment of rental. Lessor shall be under no duty to give any notice called for by this lease to any sublessee of Lessee, except as provided for the benefit of Omni International, Ltd. pursuant to sub-section (C) of this Section Thirty-Two.

(B) Termination Of Subleases. If this lease is terminated by Lessor in accordance with the terms of this lease prior to the expiration of the term provided for herein and if Lessor does not enter into a new lease with Lessee's Leasehold Mortgages as provided in sub-section (7) of Section Forty-Nine of this lease, Lessor agrees that such termination shall not result in a termination of any bona fide sublease entered into by Lessee pursuant to sub-section (A) of this Section Thirty-Two of all or any portion of the Premises which has been made by Lessee in good faith in any arm's length transaction, and that each of said subleases shall continue for the duration of its term and any extension thereof as a direct lease between Lessor hereunder and the sublessee there under, with the same force and effect as if Lessor hereunder had originally entered into such sublease as lessor thereunder. The provisions of this sub-section (B) of this Section Thirty-two shall be self-operating and shall not require any further action on the part of the Lessor. Lessor shall, however, upon request promptly execute, acknowledge and deliver such agreements evidencing and agreeing to the foregoing as said sub lessee may reasonably require. The provisions of this sub-section (B) of

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this Section Thirty-Two shall not apply to any sublease unless a copy thereof has been submitted to the Staff Director of the State Properties Control Commission (or to some other person designated by the State Properties Control Commission) for recognition by the State Properties Control Commission and the State Properties Control Commission has failed to interpose an objection thereto by notice in writing given to the Lessee with a copy of said notice to the sublessee at his address shown in the sublease within thirty (30) days after delivery thereof to such person. Lessor agrees that it will not unreasonably withhold
recognition of any such sublease.

(C) Sublease To Omni International, Ltd. Lessee shall have the right on or before December 28, 1977, to sublease all of the premises to Omni International, Ltd., a limited partnership, for a term of years (including all optional and renewal terms) not to exceed fifty-five (55) years with the consent or approval of Lessor, and if the consent or ap proval of Lessor is obtained, Omni International, Ltd. shall be entitled to all of the benefits of sub-section (A) and sub-section (B) of this Section Thirty-Two (as if Omni International, Ltd. were the Lessee hereunder) and Omni International, Ltd. shall have the right to en cumber its interest in the sublease in one or more Leasehold Mortgages consistent with the rights of Lessee pursuant to the provisions of Sec tion Forty-Nine of this lease. If Omni International, Ltd. shall so en cumber its interest in the sublease, the Leasehold Mortgagee shall be entitled to all of the benefits provided to a Leasehold Mortgagee in Sec tion Forty-nine of this lease if the Leasehold Mortgagee shall comply with the requirements to be performed by a Leasehold Mortgagee in Section Forty-Nine of this lease. If Lessor shall consent to or approve a sublease to Omni International, Ltd. pursuant to the provisions of this subsection (C) of this Section Thirty-Two, Omni International, Ltd. and any Leasehold Mortgagee of Omni International, Ltd. shall be en titled to written notice of default consistent with the provisions of Sec tion 50 of this lease. Provided, however, nothing contained in this sub section (C) of this Section Thirty-Two shall relieve Lessee of any of its obligations under this lease, including the payment of rental.

Section Thirty-Three: Assignment Of Lease With Lessor's Consent. Lessee shall not have the right to assign or transfer (as distinguished from subleases permitted without Lessor's consent pursuant to sub-sec tion (A) of Section Thirty-Two above and as distinguished from Lease hold Mortgages permitted without Lessor's consent pursuant to Section Forty-Nine below) this lease, or any interest therein, or any right of privilege appurtenant thereto, unless the written consent of Lessor is first had and obtained. Any assignment or transfer without such written consent shall be void, and shall, at the option of Lessor, terminate this lease; provided, however, that any such assignment shall not release the Lessee from, or affect any of, its obligations, duties and limitations under the terms of this lease. Provided, however, Lessee shall, without the consent of Lessor, have the right to make any assignment or transfer of this lease, or any interest therein, or any right or privilege appur tenant thereto, which Lessee desires to make or grant to a Leasehold Mortgagee under Section Forty-Nine of this lease conditioned upon the default of Lessee in its obligations to the Leasehold Mortgagee. Any assignee or transferee of Lessee's leasehold estate, immediate or remote, shall have like power of assignment and transfer on the same conditions and subject to the same restrictions as those imposed herein on Lessee.

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Section Thirty-Four: Maintenance Of Premises. Lessee shall, at all times during the term of this lease, totally at Lessee's own expense, keep and maintain the Premises, and appurtenances and every part thereof, and any and all buildings, other structures or improvements that may exist on, in, or be made a part of the Premises, in good and sanitary order, condition and repair.

Section Thirty-Five: Work Required By Government Regulation. In the event that, at any time during the term of this lease, any altera tion, demolition, renovation, repair or replacement of any building, other structure or improvement on the PROPERTY or any other work of any nature whatsoever shall be required or ordered, or becomes neces sary on account of any law, ordinance or governmental regulation now in effect or hereafter adopted, the Lessee shall be solely liable for the entire cost and expense thereof, regardless of when the same shall be incurred or become due, and, in no event, shall the Lessor be required to contribute thereto or do or pay for any work performed, materials furnished, or obligations incurred by Lessee.

Section Thirty-Six: Indemnification Of Lessor By Lessee. Lessee, as a material part of the consideration to be rendered to Lessor, agrees to be responsible for, to indemnify Lessor against, and to save and hold Lessor harmless from, any and all liability, damages, claims or demands for any injury or death of any person or damage to any property if such injury, death or damage to property arises from or in any manner grows out of, any act or neglect on or about the Premises by Lessee or Lessee's sublessees, assignees, partners, agents, employees, invitees, con tractors, and subcontractors, or their partners, agents or employees, or which arise from or in any manner grow out of, any defect in any under taking hereunder by Lessee or any failure of Lessee to comply with the provisions, covenants, terms and conditions of this lease.

Section Thirty-Seven: Addition, Subtraction, Renovation, Demoli tion Or Construction Anew Of The Improvements. If the Lessee is not in default in the performance of any of the provisions, covenants, terms and conditions of this lease, Lessee shall have the right to add to, sub tract from or renovate the improvements or to demolish and construct anew the improvements with new improvements of at least the same fair market value.

Section Thirty-Eight: Return Of Premises. Lessee agrees, at the termination of this lease, to surrender unto Lessor, all and singular the Premises with the then existing buildings, other structures and improve
ments constructed and located thereon and therein, in the same condi tion as when such buildings, other structures, and improvements were constructed, only natural wear and tear excepted, unless Lessee shall be relieved of Lessee's obligation to repair, reconstruct, restore or replace damaged or destroyed buildings, other structures or improvements pur suant to Section Forty-One of this lease.

Section Thirty-Nine: (A) Casualty And Hazard Insurance on Build
ings. At all times during the term of this lease including the period of any construction on the Premises, Lessee shall have all buildings, other structures and improvements insured against any loss or damage caused by fire, lightning, windstorm, hurricane, tornado, cyclone, hail, explosion,

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riot, civil commotion, aircraft, smoke, land vehicles boiler explosion, or any other type or kind of catastrophe which can be reasonably insured against, with responsible insurance companies, legally licensed and au thorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, said insurance to be in the amount of the full insurable replacement value [One Hundred percent (100%)] of said buildings, other structures and improve ments. Each insurance policy shall contain a clause expressly waiving any right of the insurer or subrogation against Lessor. The said policies shall further provide that the same shall not be invalidated or cancel lable until after a thirty (30) day written notice has been given to Lessor.
(B) Loss Payable Clauses. The contracts of insurance required by sub-section (A) of this Section Thirty-Nine shall contain standard loss payable clauses to Lessor and Lessee as their respective interests may appear. The contracts of insurance may be endorsed to name in the standard loss payable clause any Leasehold Mortgagee as the Leasehold Mortgagee's interest may appear, provided that:

(1) the Leasehold Mortgagee complies with the terms and con ditions (to be performed by Leasehold Mortgagee) contained in Sec tion Forty-Nine of this lease; and

(2) the Leasehold Mortgagee gives in writing to Lessor assur ance that the proceeds of all insurance shall be utilized in the repair, reconstruction, restoration, or replacement of such buildings, other
structures or improvements, and for no other purpose whatsoever.

Section Forty: No Invalidation Of Insurance By Lessee. Lessee agrees and covenants that it will not do or permit to be done in, to, or about the Premises any act or thing which will invalidate any insurance pertaining to any buildings, other structures or improvements now lo
cated thereon or therein or hereafter constructed and located thereon or therein; and, further, Lessee will not permit any buildings, other structures or improvements at any time to be put, kept or maintained on the Premises in such condition that the same cannot be insured in the amount of the full insurable replacement value [One Hundred
percent (100%)].

Section Forty-One: Repair Of Damaged Improvements. Should during the term of this lease, any building, other structures or improve
ments constructed and located by Lessee on or within the Premises be damaged or destroyed by fire or any other casualty whatsoever, Lessee, except as provided hereinbelow in this Section Forty-One, shall prompt
ly commence the work of repair, reconstruction, restoration, or replace ment, and shall prosecute the same with all reasonable dispatch, so that within two (2) years from the date of such damage or destruction or by
the end of the lease term, whichever is earlier, such buildings, other structures or improvements shall have been repaired, reconstructed or re stored to their same fair market value as before the damage or destruc
tion or replaced by new buildings, other structures or improvements of at least the same fair market value as the damaged or destroyed build
ings, other structures or improvements had before the damage or de struction. Lessor and Lessee specifically agree that damage to or de
struction of any buildings, other structures or improvements on or within

FRIDAY, MARCH 16, 1973

3437

the Premises at any time, by fire or any other casualty whatsoever, shall not work a termination of this lease or authorize the Lessee or those claiming by, through or under it, to quit or surrender pos session of the Premises or any part thereof, and shall not release the Lessee in any way from its liability to pay the Lessor the rent herein before provided for, or from any of the provisions, covenants, terms, and conditions of this lease. However, if any buildings, other struc tures or improvements constructed and located by Lessee on or within the Premises shall be damaged or destroyed within the last ten (10) years of the term of this lease, Lessee shall be relieved of any obliga tion to repair, reconstruct, restore, or replace the said damage or destroyed buildings, other structures or improvements upon payment by Lessee to Lessor, in a single total payment, of: (1) the full insurable replacement value [One Hundred percent (100%)] of said damaged or destroyed buildings, other structures or improvements; and (2) the total rental for the remainder of the unexpired term of this lease. Such a release of Lessee from Lessee's obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures or improvements shall be conditioned, in addition to the payment by Lessee of the sums herein enumerated, upon clearing by Lessee (totally at Lessee's own expense and without cost to Lessor) of the Premises of any debris or remains of the said damaged or destroyed buildings, other structures or improvements and upon delivery by Lessee to Lessor of an instrument releasing, demising, conveying and transferring to Lessor all of Lessee's right, title and interests in and to the Premises.

Section Forty-Two: Damages For Failure To Comply With Repair Obligation. If the said repair, reconstruction, restoration, or replace ment of damaged or destroyed buildings, other structures or improve ments is not substantially completed within two (2) years from the date of such damage or destruction (if such completion date is prior to the end of the term of this lease and if Lessee is under an affirmative re quirement of Section Forty-One of this lease to commence the repair, reconstruction, restoration, or replacement), Lessee hereby agrees to pay to Lessor as fixed and liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) per day until the said repair, reconstruction, restoration or replacement is substantially complete or until the end of the term of this lease, whichever is earlier.

Section Forty-Three: Workman's Compensation Insurance. At all times during any construction on the premises, Lessee agrees, at its own expense, to obtain and maintain workman's compensation insurance in an amount necessary to protect Lessor and Lessee from all liabilities, damages, claims or demands arising out of any accident or occurrence causing injury to any person.
Section Forty-Four: Use Of Proceeds Of Insurance. The proceeds of all insurance obtained in accordance with Section Thirty-Nine of this lease shall not be used, except with the written consent of Lessor, for any purpose other than the repair, reconstruction, restoration, or replace ment of buildings, other structures or improvements located on or within the Premises, unless Lessee shall be relieved of Lessee's obligation to so repair, reconstruct, restore, or replace such damaged or destroyed build ings, other structures or improvements pursuant to Section Forty-One of this lease. However, all sums necessary to effect such repair, recon struction, restoration, or replacement, over and above the amount

3438

JOURNAL OP THE HOUSE,

available from said insurance monies, shall be at the sole cost and ex pense of the Lessee.

Section Forty-Five: Termination Prior To Completion of Repair. In the event of the termination of this lease before the expenditure of the full amount of such insurance fund in the repair, reconstruction, restoration, or replacement of such damaged or destroyed buildings, other structures or improvements, any unexpended balance remaining therein, including any interest previously earned by such balance, shall inure to and become the sole property of the Lessor.

Section Forty-Six: Public Liability Insurance. Lessee agrees, at its own cost and expense, to obtain and maintain public liability insur ance at all times during the term of this lease with responsible insur ance companies, legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, with such reasonable limits as may be determined by Lessor but with not less than single limits for each event of One Million Dollars ($1,000,000.00) for injuries to or the death of, persons and damages to property. The said public liability insurance shall insure Lessor and Lessee against any liability, damage, claim or demand in any way arising out of or in connection with the condition or use of the Premises.
Section Forty-Seven: Delivery Of Insurance Policies. Insurance policies, and all endorsements thereto, including all insurance required to be carried by Lessee in accordance with this lease, or, at the option of Lessee, certificates showing that such insurance is in force and noncancellable without at least thirty (30) days prior written notice to Lessor, shall be delivered to Lessor.

Section Forty-Eight: Evidence of Payment of Premiums. Lessee shall at once furnish to Lessor duplicate receipts or satisfactory evidence of the payment of all premiums on any and all insurance required to be carried by Lessee in accordance with this lease.

Section Forty-Nine: Mortgaging Of The Leasehold. Lessee, and every successor and assign of Lessee (but not sublessees other than Omni International, Ltd. pursuant to sub-section (C) of Section Thirty-Two above) shall have the right in addition to any other rights granted in this lease to encumber its interest in this lease, without the Lessor's consent, under any one or more Leasehold Mortgages, upon the condi tion that all rights acquired under the Leasehold Mortgage or Mort gages shall be subject to each of the covenants, conditions and restric tions set forth in this lease and to all rights and interest of Lessor in it. If Lessee or Lessee's successors and assigns shall encumber this leasehold with a Leasehold Mortgage, and if the Leasehold Mortgagee delivers to Lessor a true copy of such Leasehold Mortgage, together with written notice specifying the name and address of the Leasehold Mortgagee and the pertinent recording data with respect to the Lease hold Mortgage, Lessor agrees that from and after the date of receipt by Lessor of such notice and for so long as such Leasehold Mortgage shall remain unsatisfied of record, the following provisions shall apply:

(1) The term "Leasehold Mortgage," as used in this lease shall

FRIDAY, MARCH 16, 1973

3439

include any encumbrance of this lease as security for any indebted ness Lessee may incur whether by deed to secure debt, mortgage, deed of trust, or other proper security instrument. The term "Lease hold Mortgagee" means the holder of the indebtedness secured by any Leasehold Mortgage.

(2) There shall be no cancellation, surrender or modification of this lease by joint action of Lessor and Lessee without the prior consent in writing of Leasehold Mortgagee. Nothing herein shall be deemed to prohibit Lessor from terminating this lease for default of Lessee as provided in this lease.

(3) Lessor, upon serving Lessee with any notice of default, shall simultaneously serve a copy of the notice on the Leasehold Mort gagee. The Leasehold Mortgagee shall then have the same period after service of the notice upon it to remedy or cause to be remedied the default complained of and the Lessor shall accept the perform ance by or at the instigation of Leasehold Mortgagee as if it has been done by Lessee. Any notice required to be given to a Leasehold Mortgagee shall be posted in the United States Mail, postage pre paid, certified, addressed to the Leasehold Mortgagee at the address and to the attention of the person designated by such Leasehold Mortgagee to receive copies of such notices and shall be deemed to have been served when so posted as aforesaid.

(4) In addition to the rights granted to the Leasehold Mort gagee under sub-section (3) of this Section Forty-Nine, Leasehold Mortgagee shall have an additional period of thirty (30) days to remedy or cause to be remedied any default complained of, pro vided Leasehold Mortgagee shall reimburse Lessor, at the time of so remeding the default, for all costs and expenses to Lessor of main taining, protecting, insuring and operating the Premises during the additional thirty (30) day period.

(5) If Lessor shall elect to terminate this lease by reason of any default of Lessee, the Leasehold Mortgagee shall also have the right to postpone and extend the date of termination as fixed by the provisions of this lease for a period of not more than three (3) months provided that the Leasehold Mortgagee shall cure or cause to be cured any then existing money defaults and meanwhile pay the rent and other charges required to be paid hereunder; and provided further, that the Leasehold Mortgagee shall forthwith take steps to acquire or sell Lessee's interest in this lease by foreclosure of the Mortgage, or otherwise, and shall prosecute such action to completion with due diligence. If at the end of the three (3) month period, the Leasehold Mortgagee shall be actively engaged in steps to acquire or sell Lessee's interest in this lease, the time for Lease hold Mortgagee to comply with the provisions of this sub-section (5) of this Section Forty-Nine hereof shall be extended for such period as shall be reasonably necessary to complete these steps with reasonable diligence and continuity.
(6) Lessor agrees that in case of any foreclosure under any Leasehold Mortgage either by judicial proceedings or under power of sale contained therein all right, title and interest of Lessee under

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JOURNAL OF THE HOUSE,

this lease may be assigned to and vested in the purchaser at such foreclosure sale subject and subordinate, however, to the rights and titles of Lessor.

(7) Lessor agrees that in the event of a termination of this lease by reason of any default by Lessee other than for non-payment of rent and other payments provided for in this lease, Lessor will
enter into a new lease of the Premises with the Leasehold Mort gagee for the remainder of the term effective as of the date of
termination, at the rent and upon the terms, provisions, covenants and agreements as contained in this lease and subject only to the
same conditions of title as this lease is subject to on the day of its execution and to the rights, if any, of the parties then in possession of any part of the Premises; provided:

(a) The Leasehold Mortgagee shall make written request upon Lessor for the new lease within thirty (30) days after the date of termination and the written request is accompanied by payment to the Lessor of sums then due to Lessor under this
lease.

(b) The Leasehold Mortgagee shall pay to Lessor at the time of the execution and delivery of the new lease any sums
that at the time of its execution and delivery would be due
pursuant to this lease but for the termination, and in addition, all reasonable and necessary expenses, including reasonable
attorney's fees, which Lessor shall have incurred by reason of
the default.

(c) Leasehold Mortgagee shall perform and observe all covenants contained in the new lease on Lessee's part to be performed during such period of time as the Leasehold Mort gagee is in possession of the Premises under the new lease and shall further remedy any other conditions that Lessee under the terminated lease was obligated to perform under terms of this lease.

(d) Lessor shall not warrant possession of the Premises to the Lessee under the new lease.

(e) The new lease shall be expressly made subject to the rights, if any, of the Lessee under the terminated lease.

(f) The Lessee under the new lease shall have the same right, title and interest in and to the Premises and the right to use of the buildings and improvements thereon as the Lessee had under the terminated lease.

(8) Lessor, upon request, shall execute, acknowledge and de
liver to each Leasehold Mortgagee an agreement in form reasonably satisfactory to Leasehold Mortgagee between Lessor, Lessee and Leasehold Mortgagee (provided the same has been previously exe cuted by Lessee and Leasehold Mortgagee) agreeing to all of the provisions of this Section Forty-Nine of the lease. Lessee agrees to

FRIDAY, MARCH 16, 1973

3441

pay all costs and expenses incurred by Lessor in connection with the preparation and/or execution of said agreement.

(9) The rights granted to Leasehold Mortgagees by this Sec tion Forty-Nine shall not extend to more than five (5) such Lease hold Mortgagees at any one time and shall be exercisable by each Leasehold Mortgagee in the order of the respective priority of its Leasehold Mortgage, to the exclusion of those Leasehold Mortgagees
junior in priority only.

Section Fifty: Default--Lessee's Right To Cure--Lessor's Rights Upon Failure By Lessee To Cure. In the event Lessee fails or refuses to observe, perform or comply with any of the provisions, covenants, terms or conditions of this lease, Lessor may, by giving written notice to Lessee and to any Leasehold Mortgagee required to be given copies of notices in accordance with Section Forty-Nine hereof, declare Lessee to be in default in Lessee's obligations under this lease. Unless other wise provided in Sections Seven, Seventeen, Thirty-One or Fifty-Three of this lease, if Lessee does not completely and totally remedy or cure the default so declared in Lessee's obligations under this lease within thirty (30) days after the date of the written notice from Lessor or, if complete and total remedy or cure is impossible within the said thirty (30) days, commence within the said thirty (30) days a good faith effort to so complete and totally cure the default within six (6) months after commencement, Lessor may pursue one of the following options:
(1) Terminate this lease without any further notice to Lessee, and thereafter, without legal process, enter upon and take im mediate possession and control of the Premises to the complete exclusion of Lessee. Lessor may also demand, collect and retain all rents due from tenants occupying the Premises and Lessor may otherwise treat and occupy the Premises as if this lease had expired of its own limitation. The failure of Lessor to exercise such rights after one or more defaults shall not be a waiver of the rights of the Lessor upon any subsequent default.
OR
(2) As Lessee's legal representative, without terminating this lease, re-let the Premises without advertisement and by private negotiations for such term or terms and at such rental or rentals as Lessor in its sole discretion may deem proper and advisable, with the right to make alterations and repairs to the Premises. Upon each such reletting: (a) Lessee shall be immediately liable to pay to Lessor, in addition to any indebtedness due hereunder, the costs and expenses of such reletting and of such alterations and repairs in curred by Lessor; and (b) at the option of Lessor rents received by Lessor from such re-letting shall be applied: First, to the payment of any costs and expenses of such re-letting and of such alteration and repair; and Second, to the payment of rent due and unpaid under this lease; and the residue, if any, shall be held by Lessor and applied in payment of future rents as the same may become due and payable hereunder. Lessor shall in no event be liable to Lessee for any interest on the said residue.
Section Fifty-One: Extinguishment Of Lessee's Rights Upon

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Termination. Upon the expiration of the term of this lease from any cause, all rights and interests of the Lessee, and all persons whomsoever claiming by, through or under the Lessee, whether by grant, assignment, Leasehold Mortgage (unless otherwise provided in Section Forty-Nine), sublease (unless otherwise provided in subsections (B) and (C) of Sec tion Thirty-Two of this lease), foreclosure proceedings or other convey ance or encumbrance to the Premises, including all engines, machinery, dynamos, generators, boilers, furnaces, elevators, fire escapes, and all lifting, lighting, heating, cooling, refrigerating, air conditioning, ven tilating, gas, electric and plumbing apparatus, appliances and fixtures, as well as other fixtures attached to or in the Premises, all buildings, other structures and improvements, shall immediately wholly cease and determine; and the Premises, including all engines, machinery, dynamos, generators, boilers, furnaces, elevators, fire escapes, and all lifting, lighting, heating, cooling, refrigerating, air conditioning, ventilating, gas, electric and plumbing apparatus, appliances and fixtures, as well as other fixtures attached to or within the Premises, all buildings, other structures and improvements, shall thenceforward constitute and belong to and be the absolute property of the Lessor or the Lessor's successors and assigns, without further act or conveyance, and without liability to make compensation to the Lessee or to anyone whomsoever, and free and discharged from all and every lien, encumbrance, claim and charge of any character created or attempted to be created by the Lessee at any time.

Section Fifty-Two: Prepaid Items Assigned. Upon the expiration of the term of this lease, or upon the prior termination of this lease from any cause, all expense items of constructing, operating, maintain ing and protecting the Premises prepaid by Lessee, including but not limited to, prepaid insurance premiums, taxes, and utility deposits, shall inure to the benefit of and become the property of Lessor and to this extent Lessee does hereby transfer, assign and convey any such prepaid expense items to Lessor.

Section Fifty-Three: Bankruptcy--Appointment Of A Receiver-- Debtor Relief. Proceedings--General Assignment for Benefit of Credi tors--Levy Upon Premises. In addition to the happening of any event hereinabove set out which gives the Lessor the right to declare a default of this lease, the Lessor may, at its option, declare a default of this lease and immediately elect one of the options provided in Section Fifty of this lease upon the happening of any or all of the following events: If Lessee is adjudicated a bankrupt; or if a permanent receiver is appointed for Lessee's interest in the Premises and such receiver is not removed within thirty (30) days after notice from Lessor to Lessee to obtain such removal; or if Lessee voluntarily or involuntarily takes advantage of any debtor relief proceedings under any present or future law, whereby the rent or any part thereof is reduced or payment thereof deferred; or if Lessee makes a general assignment for benefit of creditors; or if the Premises or Lessee's effects or interests therein should be levied upon or attached under process against Lessee, not satisfied or dissolved within thirty (30) days after notice from Lessor to Lessee to obtain satisfaction thereof.

Section Fifty-Four: Inspection Of Premises By Lessor. The Lessor or its agents may, but shall be under no duty to, enter the Premises

FRIDAY, MARCH 16, 1973

3443

at reasonable times and hours to inspect the Premises in order to deter mine whether Lessee is complying with its undertakings, duties and obligations under this lease.

Section Fifty-Five: Premises Subject To Zoning. Lessee takes the Premises subject to all zoning regulations and ordinances now or hereafter in force including but not limited to those as to building line and setback. Lessor in its discretion and at its own expense, or Lessee totally at Lessee's own expense, may, in good faith, contest and litigate as to the validity of any zoning ordinance, rule, regulation, resolution or statute of any governmental body affecting the Premises or Lessee's use or occupancy thereof if said ordinance, rule, regulation, resolution or statute is considered by Lessor or Lessee to be invalid, provided, however, that Lessee, if Lessee should so contest and litigate, shall first give Lessor notice thereof.

Section Fifty-Six: Total Or Partial Condemnation. If, during the term of this lease, the PROPERTY or any part thereof be condemned and taken by the United States or by any other body having power of eminent domain over the PROPERTY then:

(1) The court in such condemnation proceeding shall, if not prohibited by law, be requested to make separate awards to Lessor and Lessee and Lessor and Lessee agree to request such action by the court. This Section Fifty-Six of this lease shall be construed as superseding any statutory provisions now in force or hereafter enacted concerning condemnation proceedings to the extent per mitted by law.

(2) If such court is prohibited by law from making separate awards to Lessor and Lessee or declines to do so, and if all of the PROPERTY or such portion thereof as makes the residue of the PROPERTY of substantially no commercial value is so con demned, the award in such condemnation proceeding shall be divided between Lessor and Lessee so that (i) Lessee shall receive that portion of the award which is made for the value of buildings and improvements on the PROPERTY, and (ii) Lessor shall receive the remainder of the award; provided, that in determining the value of such buildings and improvements, the obligation of Lessee to pay rent hereunder had there been no condemnation and the fact that such buildings and improvements would belong to Lessor upon the expiration of the term of this lease shall be taken into consideration.

(3) If such court is prohibited by law from making separate awards to Lessor and Lessee or declines to do so, and if the residue of the PROPERTY after such condemnation is of some commercial value, then the award in such condemnation proceeding shall be divided between Lessor and Lessee so that (i) Lessee shall receive from the award an amount, determined by agreement of Lessor and Lessee, equal to the difference between the value of the buildings and improvements on the PROPERTY immediately prior to such condemnation and the value of the residue of such buildings and improvements after such condemnation, and (ii) Lessor shall re ceive the remainder of the award; provided; that in determining

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JOURNAL OF THE HOUSE,

said difference, the abatement of rentals, if any, otherwise payable by Lessee hereunder, as hereinafter provided, and Lessor's right to any buildings or improvements so condemned upon the expiration of the term of this lease shall be taken into consideration.

(4) If all of the PROPERTY, or such portion thereof as makes the residue of substantially no commercial value, is so condemned, this lease shall automatically terminate on the date the condemnor takes possession of the condemned property. In the event that the residue of the PROPERTY is of some commercial value, then the percentage which the value of said residue bears to the value of the PROPERTY immediately prior to such condemnation shall be determined by agreement of Lessor and Lessee, and that percentage of the Base Annual Rental otherwise payable under the provisions of Section One of this lease shall thereafter be payable as the Base Annual Rental hereunder, and further, Lessee shall forthwith repair or rebuild the improvements remaining on such residue of the PROPERTY to the extent that it is economically feasible to do so. Whether or not the repairs or rebuilding to be done by Lessee are economically feasible and the extent to which they are econo mically feasible shall be determined by agreement of Lessor and Lessee.

This Section Fifty-Six of this lease shall not constitute an ac knowledgment or be construed as constituting an acknowledgment by Lessor or Lessee or either or both of them that Lessor's rights as a Sovereign in and to the reversionary fee simple estate in the PROPERTY are in any manner subject to any power of eminent domain vested in any government or other body.

Section Fifty-Seven: Addresses For Notices. Until contrary in structions are given to Lessee in writing, all notices required to be given to Lessor hereunder shall be effectively given to Lessor if mailed by United States certified or registered mail, return receipt requested, to the Secretary, State Properties Control Commission, Care of Secretary of State of Georgia, Room 214, State Capitol, Atlanta, Georgia 30334. All notices required to be given to Lessee hereunder shall, until contrary instructions are given to Lessor in writing, be effectively given if mailed by United States certified or registered mail, return receipt requested, to Lessee's business address shown above.

Section Fifty-Eight: Submission Of Matters For Approval. Any matter which must be submitted to and approved in writing by Lessor, as required under this lease, prior to Lessor's right to proceed on such matter shall be submitted to Lessor, unless contrary instructions are given to Lessee in writing, by United States certified or registered mail, return receipt requested, to the Secretary, State Properties Control Commission, Care of Secretary of State of Georgia, Room 214, State Capitol, Atlanta, Georgia 30334 and shall either be approved or rejected by Lessor within ninety (90) days after receipt unless a shorter period of time is expressly stated elsewhere in this lease. If Lessor should fail to so approve or reject within such ninety (90) day period as provided for herein, Lessor's approval shall be assumed to have been uncondi tionally granted and Lessee shall have the right to proceed on such matter so submitted. Lessor shall inform Lessee in writing of Lessor's

FRIDAY, MARCH 16, 1973

3445

rejection or approval of such submitted matter by United States certified or registered mail, return receipt requested, to the address of Lessee designated for the giving of notice to Lessee under Section Fifty-Seven of this lease.

Section Fifty-Nine: Holding Over By Lessee. Lessee shall not use or remain in possession of the Premises after the termination of this lease. Any holding over, or continued use and/or occupancy by the Lessee, after the termination of this lease, without written consent of the Lessor, shall not constitute a Tenant-at-Will interest in behalf of the Lessee, but Lessee shall become a Tenant-at-Sufferance at the monthly rates in effect for the immediately previous year of the lease term. There shall be no renewal whatsoever of this lease by operation of law.

Section Sixty: No Waiver Of Rights By Lessor. No failure of Lessor to exercise any power given Lessor hereunder or to insist upon strict compliance by Lessee with its undertakings, duties and obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Lessor's right to demand exact compliance with the provisions, convenants, terms and conditions of this lease.

Section Sixty-One: Rights Are Cumulative. All rights, powers and privileges conferred herein upon both parties shall be cumulative.

Section Sixty-Two: Provisions Are Binding On Assigns And Are Convenants Real. It is mutually convenanted, understood, and agreed by and between the parties hereto, that each of the provisions, covenants, terms and conditions of this lease shall apply to, extend to, be binding upon and inure to the benefit or detriment of not only the parties hereto, but also the legal representatives, successors and assigns of the Lessor and Lessee hereto, and shall be deemed and treated as covenants real running with the PROPERTY during the term of this lease. Whenever a reference to the parties hereto is made, such reference shall be deemed to include the legal representatives, successors and assigns of said party, the same as if in each case expressed.

Section Sixty-Three: Lease Is Georgia Contract. It is mutually convenanted, understood, and agreed by and between the parties hereto, that this lease contract shall be governed, construed, performed and enforced in accordance with the laws of the State of Georgia.

Section Sixty-Four: Terminate and Termination Defined. The words "terminate" or "termination" as used herein shall refer to the end of this lease whether due to the expiration of the term hereof or the earlier end of this lease by virtue of a default by Lessee in the per formance of one of the provisions, covenants, terms or conditions of this lease.
Section Sixty-Five: Premises Defined. All of the property described in Exhibit "A" and Exhibit "B" attached hereto, all of the buildings, other structures and improvements of Lessor which are totally located within the lateral and vertical limits of the property herein leased on

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JOURNAL OF THE HOUSE,

the day of execution of this lease and all buildings, other structures and improvements hereinafter constructed by Lessee and totally located within the lateral and horizontal limits of the property described in Exhibit "A" and Exhibit "B" attached hereto are referred to and shall be known in this lease as the "Premises".

Section Sixty-Six: All Genders And Numbers Included. Whenever the singular or plural number, or masculine, feminine, or neuter gender is used in this lease, it shall equally apply to, extend to, and include the other.

Section Sixty-Seven: Invalidity Of Provision Or Part Thereof. In the event any provision, covenant, term or condition or any portion of any provision, covenant, term or condition of this lease is held invalid, the other provisions, covenants, terms and conditions of this lease and the remaining portion of said provision, covenant, term or condition shall not be affected thereby and shall continue in full force and effect.

Section Sixty-Eight: State Properties Control Commission Acts For Lessor. In the performance, discharge and fulfillment of the pro visions, covenants, terms, conditions, undertakings, duties, and obliga tions of this lease, including discretionary determinations to be made pursuant thereto, the State Properties Control Commission shall act for and on behalf of the Lessor. However, the Lessor reserves the right through appropriate action by the General Assembly of the State of Georgia to appoint such other agent as it may designate to perform such provisions, covenants, terms, conditions, undertakings, duties and obliga
tions.

Section Sixty-Nine: Time Is Of Essence. All time limits stated in this lease are of the essence of this contract.

Section Seventy: Entire Agreement Contained Herein. The making, execution and delivery of this lease by Lessee has not been induced by any representations, statements, or warranties (including but not limited to representations, statements, or warranties with respect to title to the PROPERTY or its condition or suitability for Lessee's purposes) by Lessor. This lease constitutes the full, complete, and entire agreement between and among the parties hereto; no agent, officer or representative of the parties hereto has authority to make, or has made, any statement, agreement, representation or con temporaneous agreement, oral or written, in connection herewith modi fying, adding to, or changing the provisions, covenants, terms and conditions hereof. No modification or amendment of this lease shall be binding unless such modification or amendment shall be in writing, signed by both parties hereto, attached to this lease, incorporated in and by reference made a part of this lease.

Section Seventy-One: Section Captions Are To Be Disregarded. The captions of the numbered Sections of this lease are for purposes of identification and convenience only and are to be completely disregarded in construing this lease.
IN WITNESS WHEREOF, Jimmy Carter, as Governor of the

FRIDAY, MARCH 16, 1973

3447

State of Georgia and Chairman of the State Properties Control Commission, has this the ...--_.. day of ----.,,,,_------.___._--_.___-___, 1973, hereunto affixed his official signature and caused to be affixed the great seal of the State of Georgia and the seal of the State Properties Control Commission, in behalf of said State and the Commission, in duplicate, and after Lessee, Omni International, Inc., has signed and executed this contract and has affixed Lessee's seal, if any, thereto, also in duplicate.

Signed, sealed and delivered in the STATE OF GEORGIA

presence of: (As to the signatures

of Jimmy Carter, Governor and BY

Chairman of the State Properties As Governor and as Chairman

Control Commission, and Ben W. of the State Properties Control

Fortson, Jr., as Secretary of State Commission

and Secretary of the State Prop

erties Control Commission)

ATTEST ._....__..__.____.._,,_

As Secretary of State and

Witness

Secretary of the State Prop erties Control Commission

Notary Public

My Commission Expires:
(NOTARY PUBLIC SEAL)
Signed, sealed and delivered in the presence of: /s/ Jodi L. Broadrick Witness
/s/ M. 0. Butt Notary Public

OMNI INTERNATIONAL, INC.
BY James M. May, Jr. Vice-President
ATTEST Barbara E. Nelson Secretary

My Commission Expires: Notary Public, Georgia, State at Large. My Commission Expires Oct. 1, 1973. (NOTARY PUBLIC SEAL)

All that tract or parcel of land lying and being in Land Lots 77 and 78 of the 14th Land District of Fulton County, Georgia, containing 2.816 acres, and being more particularly described as follows:

BEGINNING at a point which point has coordinates of y = 1366518.10 feet and x = 430389.52 feet from U.S.C. &G. Stations "GLENN" and "WALTON" (the coordinates from U.S.C. &G. Stations "GLENN" and "WALTON" for each point in this legal description are hereinafter given in parentheses after each point, monument or iron pin) and running thence along a line having a bearing of north 1 degree 37 minutes 28 seconds east (all bearings given in this legal description are from "Grid North") a distance of 279.17 feet to a monument (y = 1366797.16 feet, x = 430397.43 feet) ; running thence along an arc having a radius of 2523.142 feet a distance of 204.07 feet (which said arc has a chord distance of 204.01 feet on a bearing of north 0 degrees 43 minutes 59 seconds west from the monument

3448

JOURNAL OF THE HOUSE,

last described) to a monument (y = 1367001.15 feet, x = 430394.82 feet) ; running thence along a line having a bearing of north 3 degrees 35 minutes 28 seconds west for a distance of 199.72 feet to a monument (y = 1367200.48 feet, x = 430382.31 feet) ; running thence along an arc having a radius of 4583.662 feet a distance of 170.15 feet (which said arc has a chord of 170.15 feet on a bearing of north 4 degrees 43 minutes 59 seconds west from the monument last run) to a monument (y = 1367370.05 feet, x = 430368.27 feet) ; running thence along an arc having a radius of 1548.535 feet for a distance of 314.77 feet (which said arc has a chord of 314.23 feet on a bearing of north 11 degrees 42 minutes 53 seconds west from the monument last described) to a monument (y = 1367677.73 feet, x = 430304.47 feet) ; running thence along a line having a bearing of north 70 degrees 29 minutes 51 seconds east a distance of 1.02 feet to an iron pin (y = 1367678.07 feet, x = 430305.43 feet) ; running thence along an arc having a radius of 4389.368 feet a distance of 139.27 feet (which said arc has a chord of 139.26 feet on a bearing of south 19 degrees 31 minutes 40 seconds east from the iron pin last described) to an X in concrete (y = 1367546.82 feet, x = 430351.98 feet) ; running thence along a line having a bearing of south 18 degrees 32 minutes 57 seconds east a distance of 573.59 feet to an iron pin (y = 1367003.03 feet, x = 430534.45 feet) ; running thence along an arc having a radius of 11441.160 feet a distance of 219.67 feet (which said arc has a chord of 219.66 feet on a bearing of south 18 degrees 00 minutes 10 seconds east from the iron pin last described) to an iron pin (y = 1366794.12 feet, x = 430602.34 feet) ; running thence along a line a distance of 129.81 feet on a bearing of south 17 degrees 27 minutes 26 seconds east to a point (y = 1366670.29 feet, x = 430641.29 feet) ; running thence southwesterly along an arc having a radius of 1395.394 feet for a distance of 294.74 feet (which said arc has a chord of 294.19 feet from the point last described) to a point which was the POINT OF BEGINNING.

The said tract or parcel of land here is more particularly described on a plat or survey prepared by STATE HIGHWAY DEPARTMENT OF GEORGIA DIVISION OF SURVEYS & AERIAL MAPPING and made by W. A. Halliday, Georgia Registered Land Surveyor No. 1111, dated September 20, 1971, revised December 17, 1971, and entitled PROPERTY OF STATE OF GEORGIA a copy of said plat of survey being attached hereto, marked EXHIBIT "D" and by reference specifically incorporated into and made a part of this description.
EXHIBIT "A"

TRACT 3:
All that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows:
BEGINNING at a point on the southeast right-of-way line of Magnolia Street Viaduct 261.1 feet southwest, as measured along the southeast right-of-way line of the Magnolia Street Viaduct, from the corner formed by the intersection of the southeast side of Magnolia Street with the back of the curb line on the southwest side of Marietta

FRIDAY, MARCH 16, 1973

3449

Street; said point of beginning being 23 feet above said land level; thence running south 15 degrees 09 minutes east and 23 feet above said land level, 433.4 feet to a point; thence running southeast on an are of 8.3 feet (said arc having a chord distance of 8.30 feet on a bearing of south 15 degrees 39 minutes east) and 23 feet above said land level to a point on the northwest right-of-way line of the Techwood Viaduct; thence running southwest, along the northwest right-of-way line of the Techwood Viaduct and following the curvature thereof and 23 feet above said land level, 381.3 feet to a point (said curve having a chord distance of 380.16 feet on a bearing of south 59 degrees 43 minutes west) ; thence running north 03 degrees 54 minutes 30 seconds east and 23 feet above said land level, 408 feet to a point; thence running north 0 degrees 21 minutes 30 seconds west and 23 feet above said land level, 104.4 feet to a point on the southeast side of the Magnolia Street Viaduct; thence running northeast, along the southeast side of the Magnolia Street Viaduct and following the curvature thereof and 23 feet above said land level, 215.1 feet to the point of beginning; being the same property as shown on a survey for Cousins Properties Incorporated by Watts & Browning, Engineers, dated February 6, 1967, being known as Tract No. Ill containing 2.93 acres.

EXHIBIT "B"
THE ENCUMBRANCES
1.
The Techwood Drive Viaduct as constructed pursuant to an ease ment dated January 31, 1961, granted by the Western and Atlantic Railroad Commission, acting for the State of Georgia, to the City of Atlanta, Georgia, pursuant to an Act of the General Assembly of Georgia approved March 23, 1960 (Ga. Laws 1960, pp. 1164-1166) ; a copy of said easement dated January 31, 1961, is recorded in Deed Book 3693, pages 125-128, in the Office of the Clerk of the Superior Court of Fulton County, Georgia.
2.
A Revocable License Agreement to be granted by the State Properties Control Commission to Georgia Power Company for the installation and construction of an underground electrical conduit system with one manhole and appurtenances thereto, under and across the following described property:
All that tract or parcel of land having an area of 873.375 square feet, lying and being in Land Lot 78, of the 14th District of Fulton County, Georgia, traversing Tract #5 of the property of the State of Georgia as shown on a plat of survey of said Tract #5 prepared by W. A. Halliday, Georgia Registered Land Surveyor No. 1111, dated September 20, 1971, revised December 17, 1971, and entitled PROPERTY OF STATE OF GEORGIA, attached to this lease as Exhibit "D" and incorporated by reference herein; being more particularly described as follows: Being a strip of land 2.5 feet in width, the centerline of which begins at a point on the west boundary of said Tract #5, 54.87 feet

3450

JOURNAL OF THE HOUSE,

north of the southwest corner of said Tract; running thence north 48 degrees, 7 minutes, 28 seconds east a distance of 61 feet to a point; thence north 59 degrees 38 minutes east a distance of 21.5 feet to the centerpoint of a manhole, said manhole being a square 12 feet on each side, each side being 6 feet from the said centerpoint and having four interior angles of 90 degrees; from said centerpoint, running thence north 59 degrees 38 minutes east, a distance of 221.25 feet to a point on the east boundary of said Tract #5, said point being 18.07 feet south of the northeast corner of said Tract.

Georgia Power Company shall also have the temporary privilege of ingress thereto and egress therefrom over adjoining land of the State of Georgia for the purpose of bringing in construction equipment for use on the above-described property. Georgia Power Company shall further, during the period of construction, have the privilege of occupy ing a strip of land of twelve (12) feet in width, being six (6) feet on either side of the centerline of the above-described property. There after, Georgia Power Company shall retain only sufficient privilege of ingress and egress as is necessary to permit individual workmen to reach the manhole to be constructed and implaced on the above-described property.

3.
The Magnolia Street Viaduct as presently constructed and as the same may be expanded by the City of Atlanta pursuant to a revocable license agreement to be granted by the State Properties Control Com mission; the lateral limits of the Magnolia Street Viaduct as presently constructed and as to be expanded pursuant to the aforesaid revocable license agreement are as follows:
All that tract or parcel of land lying and being in Land Lot 78 of the 14th Land District of Fulton County, Georgia, containing 0.202 acres, more or less, and being more particularly described as follows:

EXHIBI ""
BEGINNING at a point which point has coordinates of y = 1,367,029.42 feet and x = 430,393.04 feet from U.S.C. & G. Stations "GLENN" and "WALTON" (the coordinates from U.S.C. & G. Stations "GLENN" and "WALTON" for each point in this legal description are hereinafter given in parentheses after each point) and running thence along a line having a bearing of north 3 degrees 35 minutes 28 seconds west (all bearings given in this legal description are from "Grid North") a distance of 78.10 feet to a point (y = 1,367,106.61 feet, x = 430,387.53 feet) ; running thence along an arc (which said arc has a chord of 108.63 feet on a bearing of north 57 degrees 40 minutes 47 seconds east from the point last described) a distance of 108.83 feet to a point (y = 1,367,165.64 feet, x = 430,479.87 feet); running thence along a line having a bearing of south 18 degrees 32 minutes 57 seconds east a distance of 80.22 feet to a point (y = 1,367,089.39 feet, x = 430,505.54 feet) ; running thence along the southern boundary of the Magnolia Street Viaduct as presently constructed in an arc curving to the right (which said arc has a radius of 590.958

FRIDAY, MARCH 16, 1973

3451

feet and a chord of 127.41 feet) a distance of 127.65 feet to a point, which said point was the point of BEGINNING.

The City of Atlanta shall also have, during the period of construc tion of the expansion of the Magnolia Street Viaduct only, an easement 10 feet in width immediately adjacent to, and north of, the abovedescribed parcel.

4.
A lease, dated March 4, 1968, between the State of Georgia, acting through the State Properties Control Commission, as Lessor and LOUISVILLE AND NASHVILLE RAILROAD COMPANY, as Lessee, of property owned by the State of Georgia known as the Western and Atlantic Railroad, as more fully outlined in red, green and orange on maps filed in the office of the State Properties Control Commission in Atlanta, Georgia, as supplemented pursuant to a Resolution of the General Assembly of the State of Georgia approved April 3, 1972 (Ga. Law 3 1972, pp. 890-892), which maps have been duly endorsed by the Secretary of the Commission for identification purposes as being the property leased, including all tracks, bridges, culverts, signals, buildings, communication lines, depots and all other structures located on said property, subject to certain Exceptions and Additions set forth in said lease; the published form of said lease dated March 4, 1968, may be found in Ga. Laws 1968, pp. 54-112.

5.
An easement reserved by the LOUISVILLE AND NASHVILLE RAILROAD COMPANY in that certain letter dated September 21, 1971, from D. D. Strench, Vice-President--Operation, to Georgia State Properties Control Commission as accepted by the Chairman of the State Properties Control Commission on September 24, 1971; a copy of the said letter dated September 21, 1971, is attached to this lease as Exhibit "C(l)", which said Exhibit "C(l)" is by reference in corporated herein.

6.
Whatever rights the public may have in and to Foundry Street as the same is located, defined and used on the ground surface level north of the Magnolia Street Viaduct.

7.
Any easement, deed of conveyance, or grant of right or privilege or any other use (including City of Atlanta sewer and water lines and utility company lines) whether visible or not which might be revealed by an inspection of the Premises or of the laws of the State of Georgia or of the records of the Public Works Department of the City of Atlanta, Georgia, or the records of the public utility companies doing business in the City of Atlanta, Georgia, or of the public records of Fulton County, Georgia.

3452

JOURNAL OF THE HOUSE,

EXHIBIT "C"

LOUISVILLE & NASHVILLE RAILROAD COMPANY
September 21, 1971
Received September 24, 1971.
Georgia State Properties Control Commission 244 Washington Street, S.W. Atlanta, Georgia
Attention: Mr. Dock H. Davis, Director
Re: Relinquishment of possession by L & N Railroad Company of Atlanta Union Passenger Depot Property, Atlanta, Georgia
Gentlemen:
Passenger train operation over the Western & Atlantic Railroad terminated April 30, 1971, whereupon it became necessary for the State of Georgia and Louisville and Nashville Railroad Company (L&N) to effectuate the provisions of Section One, Exception (E) Atlanta Depot Property, of the Western & Atlantic Railroad Lease of March 4, 1968. The pertinent provisions of Exception (E) dealt with herein are as follows:
"This lease shall include the Atlanta Union Passenger Building and so much of the passenger depot property in Atlanta, Georgia as is outlined in green on the aforesaid maps only so long as there is passenger train service originating or terminating in the Atlanta Union Passenger Depot and being operated over substantially the entire length of the Western & Atlantic Railroad. * * * In the event discontinuance of said passenger train service shall be authorized and effected and, at such time, the State shall not have retaken possession as above provided for, then 90 days after discontinuance shall have been authorized and effected said Depot Building (in cluding the air space, subject to the clearance provision of this lease, between Forsyth Street and Spring Street not separately leased as of December 28, 1969) shall revert to the possession and control of the State. * * *

"In the event that passenger train service shall be discontinued as above referred to, then as to the balance of the property outlined in green, the parties hereto will consider, in good faith, the further need of Lessee for railroad purposes of any or all thereof, to the end of reaching agreement as to the continuation in this lease of all or any part thereof. As to said balance of the property outlined in green, the Lessee agrees to advise the State within 90 days after the discontinuance of passenger service if that property so scheduled to revert, or any portion thereof, is required by the Lessee for railroad operating purposes, together with the justifica tion for such requirement. * * *"

FRIDAY, MARCH 16, 1973

3453

In compliance with the provisions of Exception (E) the State and L&N have negotiated and have agreed as to the reversion to the State of the Atlanta Depot property, including agreement as to what portion of the depot property at ground level outlined in green on the official W&A lease map that L&N has need to retain for railroad operating purposes, and the terms and conditions relating to such retained portion. The purpose of their letter is to set out the entire agreement and understanding between the State and L&N as to the reversion of the Depot property under Exception (E), and this letter will supercede all previous letters and proposals that have passed between the parties.

As to the Atlanta Union Passenger Depot building and its adjoining property at the level of Forsyth Street and Spring Street, it is ac knowledged that said property has reverted to the possession and control of the State on July 26, 1971, and stood deleted from L&N's leasehold estate on that date.

As to the passenger depot property at ground level, colored in green on the official lease map, the State and L&N have, on September 16, 1971, reached agreement as to how much of said green area will revert to the State, and how much will be retained by L&N for railroad operating purposes under the W&A Lease. It was agreed that as of that date the entire green area reverted to the State, with the following exceptions:

(1) L&N is to retain for the duration of the W&A Lease and any extension thereof a full leasehold estate in so much of the green area that may lie between the center line of the southbound main track of the W&A Railroad, and a line drawn parallel to and eighteen (18) feet from said centerline on its westerly side.

(2) L&N is to retain for the duration of the W&A Lease and any extension thereof an easement for railroad right of way pur poses for the operation and maintenance of so much of track No. 202 as it presently exists across the northerly portion of said green area in the vicinity of Foundry Street, track No. 202 being further identified as the track connecting the main line tracks of the W&A to the property of Central of Georgia Railway Company, and afford ing an interchange and connecting route between the W&A Railroad and the Atlanta and West Point Rail Road Company. Said easement area shall consist of so much of said green area that lies westwardly of a line drawn 18 feet eastwardly of and parallel to the center line of track No. 202, as said track crosses the green area in the vicinity of Foundry Street.

The State recognizes the importance of the connecting track de scribed in (2) above, connecting the W&A Railroad to Central of Georgia Railway and Atlanta and West Point Rail Road. However, that portion of the State's property near Foundry Street is also of great importance to the remainder of the property reverting to the State in that it can provide direct vehicular access. Therefore, in order to protect all parties, the State and L&N have agreed as follows as to the easement and connecting track:

(a) The Louisville and Nashville Railroad Company will retain

3454

JOURNAL OF THE HOUSE,

possession and control, pursuant to appropriate provisions of the Lease, of all property lying eastward of a line drawn 18 feet west of and parallel to the center line of the southbound main track;

(b) The Louisville and Nashville Railroad Company shall cooperate fully with the State of Georgia and/or its lessee, assignee, etc., in obtaining authorization from the Central of Georgia Railway, the Southern Railway Company, the Atlanta Terminal Company, the Atlanta and West Point Rail Road Company, and any persons other than the State owning land in the vicinity of Foundry Street, Atlanta, Georgia, as their interests may appear, in relocating the present connecting track off of the State's Atlanta Union Station property colored in green on the official W&A Lease map, and on to adjacent land in the vicinity, or, alternately, in obtaining authorization from the above-named railroads and Terminal Com pany in moving the trackage rights of the Atlanta and West Point Rail Road Company from the present connection track to alternate trackage of Southern Railway Company, as provided for in Section
Second of that agreement between Central of Georgia Railway
Company, Southern Railway Company, Atlanta Terminal Company
and Atlanta and West Point Rail Road Company, dated June 9,
1970, as authorized by order of the Interstate Commerce Commission
dated November 9, 1970, in Finance Docket No. 26311; and

(c) The Louisville and Nashville Railroad Company agrees to the relocation of the present connecting track, or to the substitution therefore of an alternate connecting track over Southern Railway Company trackage, as provided in Subsection (b) next above, and agrees to relocate or construct any necessary switch connections between the Western and Atlantic main track and either the re located present connecting track, or the alternate trackage of Southern Railway Company. Provided, however, that the State of Georgia and/or its lessee, assignee, etc., shall defray all costs to any railroad company involved from such relocation of the existing connecting track, or of the adoption of an alternate connecting route over trackage of Southern Railway Company.

If this letter, sent to you in duplicate, correctly expresses the agree ment reached between the State of Georgia, acting through the Georgia State Properties Control Commission, and Louisville and Nashville Railroad Company, it is requested that, in evidence thereof, both counter parts of this letter be signed for the State, and one be returned for attaching to L&N's copy of the Western & Atlantic Railroad Lease.

Yours very truly,
LOUISVILLE AND NASHVILLE RAILROAD COMPANY
/s/ D. D. Strench Vice President-Operation

FRIDAY, MARCH 16, 1973

3455

Atlanta, Georgia

September 24, 1971

This letter correctly states the agreement arrived at, as set out above.

GEORGIA STATE PROPERTIES CONTROL COMMISSION
/s/ Jimmy Carter as its Chairman

Copies to: Mr. Hershel Farmer Mr. C. F. Anderson Mr. John H. Boman

EXHIBIT "C(l)"

3456

JOUENAL OP THE HOUSE,

I isr^sssr | siH55:

Ssuawi

Compiler's Note: The Plat on these two pages has been photographically reduced and therefore, the scale should be adjusted accordingly.
Full size Plat may be seen on file at the State Capitol, Atlanta, Georgia.

ow

-q CO

PROPERTY OF
STATE OF GEORGIA

LAND kOTS TT 7( LAND DISTRKT Ma 14

SEPTEMBER 20,1871

SCALE I*-ID FIT

CO

*>-

ATLANTA , FULTON COUNTY, GEORGIA

O-qT

EXHIBIT "D"

3458

JOURNAL OF THE HOUSE,

: N/toaru&eMvveeavwfjONLY -IMPROVEMENTS

COUS/NS
LAND LOT FULTON

PROPERTIES . INCORPORATED

73

~

14TM D/STRICT

COUNTY

, GEORGIA

WATTS r &(ZQ\MNING -

--

SCALE

Compiler's Note:
The Plat on these two pages has been photographically reduced and therefore, the scale should be adjusted accordingly. Full size Plat may be seen on file at the State Capitol, Atlanta, Georgia.

FRIDAY, MARCH 16, 1973

3459

FVHTBIT "E"

3460

JOURNAL OF THE HOUSE,

BEGINNING at a point which point has coordinates of y = 1,367,316,65 feet and x = 430,373.53 feet U.S.C. & G. Stations "GLENN" and "WALTON" (the coordinates from U.S.C. & G. Stations "GLENN" and "WALTON" for each point in this description are hereinafter given in parentheses after each point) and running along a line having a bearing of south 21 degrees 23 minutes 59 seconds east (all bearings given in this description are from "Grid North") a distance of 126.07 feet to a point (y = 1,367,199.27 feet, x = 430,419.53 feet) ; running thence along a line having a bearing of south 19 degrees 16 minutes 09 seconds east for a distance of 80 feet to a point (y = 1,367,123.75 feet, x = 430,445.93 feet) ; running thence along a line having a bearing of south 16 degrees 41 minutes 10 seconds east for a distance of 570.83 feet to a point (y = 1,366,576.96 feet, x = 430,609.83 feet) ; running thence along an arc having a radius of 1,062.30 feet a distance of 676.51 feet (which said arc has a chord of 665.14 feet on a bearing of south 34 degrees 55 minutes 51 seconds east from the point last de scribed) to a point (y = 1,366,031.65 feet, x = 430,990.68 feet) ; running thence along a line having a bearing of south 53 degrees 10 minutes 28 seconds east for a distance of 456.92 feet to a point (y = 1,365,757.78 feet, x = 431,356.43 feet), which said point is the point of TERMINA TION.
EXHIBIT "F"
"Legal Description Of Street Or Railroad Relocation Line"
CERTIFIED RESOLUTION
I, the undersigned, hereby certify that I am the Secretary of DOWNTOWN DEVELOPMENT CORP. and that the following is a true copy of resolutions duly adopted at the meeting of the Board of Directors of DOWNTOWN DEVELOPMENT CORP. held after proper legal notice given in accordance with the By-Laws of the corporation on February 19, 1973, at 9:00 A. M., at 300 Interstate North, Atlanta, Georgia.-------------------------, at which a quorum of Directors was present, and that such resolutions have not been altered, repealed or amended and remain in full force and effect:
"1. RESOLVED, that DOWNTOWN DEVELOPMENT CORP. hereby requests that Tract No. 3, more particularly shown as Tract III on a plat of survey prepared by Watts & Browning, Engineers, dated February 6, 1967 (which said Tract is hereinafter referred to as "Tract No. 3" and is presently subleased to Omni International, Inc.) of that lease dated January 12, 1960, as amended, (hereinafter referred to as the "1960 Lease") originally between the Western and Atlantic Railroad Commission (predecessor to the State Prop erties Control Commission) as Lessor, and City Center, Incorporated as Lessee, subsequently assigned by City Center, Incorporated to Downtown Development Corp., FM Air Rights Company, and City Center, Incorporated, be severed from the 1960 Lease; and
2. FURTHER RESOLVED, that DOWNTOWN DEVELOP MENT CORP. hereby requests that Tracts No. 6, 7 and 8, more particularly shown on a plat of survey prepared by State Highway Department of Georgia Division of Surveys & Aerial Mapping and made by W. A. Halliday, Georgia Registered Land Surveyor, No. 1111, dated September 20, 1971, revised December 17, 1971 and entitled PROPERTY OF STATE OF GEORGIA (which said Tracts

FRIDAY, MARCH 16, 1973

3461

No. 6, 7 and 8 are presently subleased to Omni International, Inc.) of that lease dated March 1, 1972, (hereinafter referred to as the "1972 Lease") between the State of Georgia, as Lessor, and Allright Parking of Georgia, Inc. as Lessee, be severed from the 1972 Lease;
and
3. FURTHER RESOLVED, that DOWNTOWN DEVELOP MENT CORP. hereby requests that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be united into a new lease directly between the State of Georgia, acting by and through the State Properties Control Commission, as Lessor and Omni International, Inc. as Lessee, a copy of the form of which is attached hereto and entitled FORM OF LEASE BETWEEN THE STATE OF GEORGIA AND OMNI INTERNATIONAL, INC. COMMENC ING UPON EXECUTION AND EXPIRING ON DECEMBER 27, 2044, OF CERTAIN PROPERTY OWNED BY THE STATE OF GEORGIA, INCLUDING GROUND AND AIR RIGHTS IN THE AREA LYING NORTHERLY OF TECHWOOD VIADUCT AND EXTENDING TO A POINT NORTH OF FOUNDRY STREET IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA;
and
4. FURTHER RESOLVED, that DOWNTOWN DEVELOP MENT CORP. hereby consents to the taking of such action by the State of Georgia as is set forth in the resolutions numbered 1, 2 and 3 immediately preceding this resolution numbered 4 and hereby agrees to indemnify the State of Georgia against any and all claims of persons claiming by, through or under DOWNTOWN DEVELOPMENT CORP. as to damages arising from such action."

I further certify that the persons hereinafter named now hold and are the fully qualified and acting incumbents of the designated offices set opposite their names in DOWNTOWN DEVELOPMENT CORP.:

NAME
Lloyd T. Whitaker Robert P. Hunter, Jr. D. W. Hutchings
C. D. Conlee C. Leonard Simpson Olivia L. Suggs

OFFICE
President Vice President and Secretary Vice President, Assistant
Secretary & Asst. Treasurer Treasurer Assistant Treasurer Assistant Secretary

I further certify that the Charter and By-Laws of DOWNTOWN DEVELOPMENT CORP. do not require more than one corporate officer to execute documents on behalf of the corporation in order to
legally bind the corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of DOWNTOWN DEVELOPMENT CORP. this 19th day of February, 1973.
/s/ Robert P. Hunter, Jr. Secretary (Seal)

3462

JOURNAL OP THE HOUSE,

EXHIBIT "G"

CERTIFIED RESOLUTION
I, the undersigned, hereby certify that I am the Secretary of FM AIR RIGHTS COMPANY and that the following is a true copy of resolutions duly adopted at the meeting of the Board of Directors of FM AIR RIGHTS COMPANY held after proper legal notice given in accordance with the By-Laws of the corporation on February 20, 1973, at 11:00 A.M., at Fidelity Mutual Life Building, Philadelphia, Pennsylvania 19101, at which a quorum of Directors was present, and that such resolutions have not been altered, repealed or amended and remain in full force and effect:
"1. RESOLVED, that FM AIR RIGHTS COMPANY hereby requests that Tract No. 3, more particularly shown as Tract III on a plat of survey prepared by Watts & Browning, Engineers, dated February 6, 1967 (which said Tract is hereinafter referred to as "Tract No. 3" and is presently subleased to Omni International, Inc.) of that lease dated January 12, 1960, as amended (hereinafter referred to as the "1960 Lease") originally between the Western and Atlantic Railroad Commission (predecessor to the State Prop erties Control Commission) as Lessor, and City Center, Incorporated as Lessee, subsequently assigned by City Center, Incorporated to Downtown Development Corp., FM Air Rights Company, and City Center, Incorporated, be severed from the 1960 Lease; and
2. FURTHER RESOLVED, that FM AIR RIGHTS COM PANY hereby requests that Tracts No. 6, 7 and 8, more particularly shown on a plat of survey prepared by State Highway Department of Georgia Division of Surveys & Aerial Mapping and made by W. A. Halliday, Georgia Registered Land Surveyor, No. 1111, dated September 20, 1971, revised December 17, 1971, and entitled PRO PERTY OF STATE OF GEORGIA (which said Tracts No. 6, 7 and 8 are presently subleased to Omni International, Inc.) of that lease dated March 1, 1972, (hereinafter referred to as the 1972 Lease) between the State of Georgia, as Lessor, and Allright Parking of Georgia, Inc. as Lessee, be severed from the 1972 Lease; and
3. FURTHER RESOLVED, that FM AIR RIGHTS COM PANY hereby requests that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be united into a new lease directly between the State of Georgia, acting by and through the State Properties Control Commission, as Lessor and Omni Interna tional, Inc., as Lessee, a copy of the form of which is attached here to and entitled FORM OF LEASE BETWEEN THE STATE OF GEORGIA AND OMNI INTERNATIONAL, INC. COMMENCING UPON EXECUTION AND EXPIRING ON DECEMBER 27, 2044, OF CERTAIN PROPERTY OWNED BY THE STATE OF GEOR GIA, INCLUDING GROUND AND AIR RIGHTS IN THE AREA LYING NORTHERLY OF TECHWOOD VIADUCT AND EX TENDING TO A POINT NORTH OF FOUNDRY STREET IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA; and
4. FURTHER RESOLVED, that FM AIR RIGHTS COM-

FRIDAY, MARCH 16, 1973

3463

PANY hereby consents to the taking of such action by the State of Georgia as is set forth in the resolutions numbered 1, 2 and 3 im mediately preceding this resolution numbered 4 and hereby agrees to indemnify the State of Georgia against any and all claims of persons claiming by, through or under FM AIR RIGHTS COM PANY as to damages arising from such action."

I further certify that the persons hereinafter named now hold and are the fully qualified and acting incumbents of the designated offices set opposite their names in FM AIR RIGHTS COMPANY:

NAME
Donald L. Goetz D. Eugene Hamme Richard H. Hollenberg John M. Ryan Frank W. Hatfield

OFFICE
President Vice President Secretary Treasurer Assistant Secretary and
Assistant Treasurer

I further certify that the Charter and By-Laws of FM AIR RIGHTS COMPANY do not require more than one corporate officer to execute documents on behalf of the corporation in order to legally bind the corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and af fixed the seal of FM AIR RIGHTS COMPANY this 20th day of Febru ary, 1973.

/s/ Richard H. Hollenberg Secretary (SEAL)
EXHIBIT "H"

CERTIFIED RESOLUTION
I, the undersigned, hereby certify that I am the Secretary of CITY CENTER, INCORPORATED and that the following is a true copy of resolutions duly adopted at the meeting of the Board of Directors of CITY CENTER, INCORPORATED held after proper legal notice given in accordance with the By-Laws of the corporation on February 20, 1973, at 6:00 P. M., at 118 West Wesley Road, N.W., Atlanta, Georgia, at which a quorum of Directors was present, and that such resolutions have not been altered, repealed or amended and remain in full force and effect:

"1. RESOLVED, that CITY CENTER, INCORPORATED hereby requests that Tract No. 3, more particularly shown as Tract III on a plat of survey prepared by Watts & Browning, Engineers, dated February 6, 1967 (which said Tract is hereinafter referred to as "Tract No. 3" and is presently subleased to Omni International, Inc.) of that lease dated January 12, 1960, as amended, (hereinafter
referred to as the "1960 Lease") originally between the Western and

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Atlantic Railroad Commission (predecessor to the State Properties Control Commission) as Lessor, and City Center, Incorporated as Lessee, subsequently assigned by City Center, Incorporated to Down town Development Corp., FM Air Rights Company, and City Center, Incorporated, be severed from the 1960 Lease; and

2. FURTHER RESOLVED, that CITY CENTER, INCOR PORATED hereby requests that Tracts No. 6, 7 and 8, more par ticularly shown on a plat of survey prepared by State Highway De partment of Georgia Division of Surveys & Aerial Mapping and made by W. A. Halliday, Georgia Registered Land Surveyor, No. 1111, dated September 20, 1971, revised December 17, 1971 and entitled PROPERTY OF STATE OF GEORGIA (which said Tracts No. 6, 7 and 8 are presently subleased to Omni International, Inc.) of that lease dated March 1, 1972, (hereinafter referred to as the "1972 Lease") between the State of Georgia, as Lessor, and Allright Parking of Georgia, Inc. as Lessee, be severed from the 1972 Lease;

and

3. FURTHER RESOLVED, that CITY CENTER, INCOR PORATED hereby requests that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be united into a new lease directly between the State of Georgia, acting by and through the State Properties Control Commission, as Lessor and Omni Interna tional, Inc. as Lessee, a copy of the form of which is attached hereto and entitled FORM OF LEASE BETWEEN THE STATE OF GEORGIA AND OMNI INTERNATIONAL, INC. COMMENCING UPON EXECUTION AND EXPIRING ON DECEMBER 27, 2044, OF CERTAIN PROPERTY OWNED BY THE STATE OF GEOR GIA, INCLUDING GROUND AND AIR RIGHTS IN THE AREA LYING NORTHERLY OF TECHWOOD VIADUCT AND EX TENDING TO A POINT NORTH OF FOUNDRY STREET IN THE CITY OF ATLANA, FULTON COUNTY, GEORGIA; and

4. FURTHER RESOLVED, that CITY CENTER, INCOR PORATED hereby consents to the taking of such action by the State of Georgia as is set forth in the resolutions numbered 1, 2 and 3 immediately preceding this resolution numbered 4 and hereby agrees to idemnify the State of Georgia against any and all claims of per sons by, through or under CITY CENTER, INCORPORATED as to damages arising from such action."

I further certify that the persons hereinafter named now hold and are the fully qualified and acting incumbents of the designated offices set opposite their names in CITY CENTER, INCORPORATED:

NAME
Robert B. Troutman, Jr. Buck Mickel Hal F. Dumas, Jr. Lois D. Troutman

OFFICE
President Vice-President Secretary Assistant Secretary

I further certify that the Charter and By-Laws of CITY CENTER,

FRIDAY, MARCH 16, 1973

3465

INCORPORATED do not require more than one corporate officer to exe cute documents on behalf of the corporation in order to legally bind the corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and af fixed the seal of CITY CENTER, INCORPORATED this 20th day of February, 1973.

/s/ Lois D. Troutman Assistant Secretary (SEAL)
EXHIBIT "I"

CERTIFIED RESOLUTION
I, the undersigned, hereby certify that I am the Secretary of ALLRIGHT PARKING OF GEORGIA, INC. and that the following is a true copy of resolutions duly adopted at the meeting of the Board of Directors of ALLRIGHT PARKING OF GEORGIA, INC. held after proper legal notice given in accordance with the By-Laws of the corporation on February 21, 1973, at 11:00 A.M., at 100 Luckie Street, N.W., Atlanta, Georgia, at which a quorum of Directors was present, and that such resolutions have not been altered, repealed or amended and remain in full force and effect:
"1. RESOLVED, that ALLRIGHT PARKING OF GEORGIA, INC. hereby requests that Tract No. 3, more particularly shown as Tract III on a plat of survey prepared by Watts & Browning, En gineers, dated February 6, 1967 (which said Tract is hereinafter referred to as "Tract No. 3" and is presently subleased to Omni International, Inc.) of that lease dated January 12, 1960, as amended, (hereinafter referred to as the "1960 Lease") originally between Western and Atlantic Railroad Commission (predecessor to the State Properties Control Commission) as Lessor, and City Center, Incorporated as Lessee, subsequently assigned by City Center, In corporated to Downtown Development Corp., FM Air Rights Com pany, and City Center, Incorporated, be severed from the 1960 Lease; and
2. FURTHER RESOLVED, that ALLRIGHT PARKING OF GEORGIA, INC. hereby requests that Tracts No. 6, 7 and 8, more particularly shown on a plat of survey prepared by State Highway Department of Georgia Division of Surveys & Aerial Mapping and made by W. H. Halliday, Georgia Registered Land Surveyor, No. 1111, dated September 20, 1971, revised December 17, 1971 and en titled PROPERTY OF STATE OF GEORGIA (which said Tracts No. 6, 7 and 8 are presently subleased to Omni International, Inc.) of that lease dated March 1, 1972, (hereinafter referred to as the "1972 Lease") between the State of Georgia, as Lessor, and Allright Parking of Georgia, Inc. as Lessee, be severed from the 1972 Lease;
and
3. FURTHER RESOLVED, that ALLRIGHT PARKING OF

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GEORGIA, INC. hereby requests that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be united into a new lease directly between the State of Georgia, acting by and through the State Properties Control Commission, as Lessor and Omni In ternational, Inc., as Lessee, a copy of the form of which is attached hereto and entitled FORM OF LEASE BETWEEN THE STATE OF GEORGIA AND OMNI INTERNATIONAL, INC. COMMENC ING UPON EXECUTION AND EXPIRING ON DECEMBER 27, 2044, OF CERTAIN PROPERTY OWNED BY THE STATE OF GEORGIA, INCLUDING GROUND AND AIR RIGHTS IN THE AREA LYING NORTHERLY OF TECHWOOD VIADUCT AND EXTENDING TO A POINT NORTH OF FOUNDRY STREET IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA;

and

4. FURTHER RESOLVED, that ALLRIGHT PARKING OF GEORGIA, INC. hereby consents to the taking of such action by the State of Georgia as is set forth in the resolutions numbered 1, 2 and 3 immediately preceding this resolution numbered 4 and hereby agrees to indemnify the State of Georgia against any and all claims of persons claiming by, through or under ALLRIGHT PARKING OF GEORGIA, INC. as to damages arising from such action."

I further certify that the persons hereinafter named now hold and are the fully qualified and acting incumbents of the designated offices set opposite their names in ALLRIGHT PARKING OF GEORGIA, INC.:

NAME Garland Follis D. C. Richie
Gene Bartholomew D. M. Carothers Jay Layden Robert Hudspeth

President Vice President and
Assistant Secretary Vice President and Secretary Vice President Vice President Vice President

I further certify that the Charter and By-Laws of ALLRIGHT PARKING OF GEORGIA, INC. do not require more than one corporate officer to execute documents on behalf of the corporation in order to legally bind the corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and af fixed the seal of ALLRIGHT PARKING OF GEORGIA, INC. this 22nd day of February, 1973.
/a/ D. C. Richie Assistant Secretary (SEAL)

FRIDAY, MARCH 16, 1973

3467

EXHIBIT "J"

CERTIFIED RESOLUTION
I, the undersigned, hereby certify that I am the Secretary of OMNI INTERNATIONAL, INC. and that the following is a true copy of resolutions duly adopted at the meeting of the Board of Directors of OMNI INTERNATIONAL, INC. held after proper legal notice given in accordance with the By-Laws of the corporation on February 20, 1973, at 10:00 A.M., at First National Bank Tower--Lobby, Atlanta, Georgia, at which a quorum of Directors was present, and that such resolutions have not been altered, repealed or amended and remain in full force and effect:
"1. RESOLVED, that OMNI INTERNATIONAL, INC. hereby requests that Tract No. 3, more particularly shown as Tract III on a plat of survey prepared by Watts & Browning Engineers, dated February 6, 1967 (which said Tract is hereinafter referred to as "Tract No. 3" and is presently subleased to Omni Interna tional, Inc.) of that lease dated January 12, 1960, as amended, (here inafter referred to as the "1960 Lease") originally between the Western and Atlantic Railroad Commission (predecessor to the State Properties Control Commission) as Lessor, and City Center, Incorporated as Lessee, subsequently assigned by City Center, In corporated to Downtown Development Corp., FM Air Rights Com pany, and City Center, Incorporated, be severed from the 1960 Lease; and
2. FURTHER RESOLVED, that OMNI INTERNATIONAL, INC. hereby requests that Tracts No. 6, 7 and 8, more particularly shown on a plat of survey prepared by State Highway Department of Georgia Division of Surveys & Aerial Mapping and made by W. A. Halliday, Georgia Registered Land Surveyor, No. 1111, dated Sep tember 20, 1971, revised December 17, 1971 and entitled PROPER TY OF STATE OF GEORGIA (which said Tracts No. 6, 7 and 8 are presently subleased to Omni International, Inc.) of that lease dated March 1, 1972, (hereinafter referred to as the "1972 Lease") be tween the State of Georgia, as Lessor, and Allright Parking of Georgia, Inc. as Lessee, be severed from the 1972 Lease; and

3. FURTHER RESOLVED, that OMNI INTERNATIONAL, INC. hereby requests that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be united into a new lease directly between the State of Georgia, acting by and through the State Properties Control Commission, as Lessor and Omni International, Inc. as Lessee, a copy of the form of which is attached hereto and entitled FORM OF LEASE BETWEEN THE STATE OF GEOR GIA AND OMNI INTERNATIONAL, INC. COMMENCING UP ON EXECUTION AND EXPIRING ON DECEMBER 27, 2044, OF CERTAIN PROPERTY OWNED BY THE STATE OF GEOR GIA, INCLUDING GROUND AND AIR RIGHTS IN THE AREA LYING NORTHERLY OF TECHWOOD VIADUCT AND EX TENDING TO A POINT NORTH OF FOUNDRY STREET IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA; and

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4. FURTHER RESOLVED that OMNI INTERNATIONAL, INC. hereby consents to the taking of such action by the State of Georgia as is set forth in the resolutions numbered I, 2 and 3 im mediately preceding this resolution numbered 4 and hereby agrees to indemnify the State of Georgia against any and all claims of persons claiming by, through or under OMNI INERNATIONAL, INC. as to damages arising from such action."

I further certify that the persons hereinafter named now hold and are the fully qualified and acting incumbents of the designated offices set opposite their names in OMNI INTERNATIONAL, INC.:

NAME Maurice D. Alpert Lloyd T. Whitaker Tom Linder, Jr. James M. May, Jr. Barbara E. Nelson Robert P. Hunter, Jr. Albert C. Tate, Jr.

OFFICE President Vice President Vice President Vice President and Treasurer Secretary Assistant Secretary Assistant Secretary

I further certify that the Chapter and By-Laws of OMNI INTER NATIONAL, INC. do not require more than one corporate officer to execute documents on behalf of the corporation in order to legally bind the corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and af fixed the seal of OMNI INTERNATIONAL, INC. this 22nd day of February, 1973.

/a/ Barbara E. Nelson Secretary (SEAL)

EXHIBIT "K"

The Speaker resolved the House into a Committee of the Whole House, designating Mr. Colwell of the 4th as the chairman thereof:

The Committee of the Whole arose and through its chairman, Mr. Colwell of the 4th, reported SR 119 back to the House with the recommendation that the same do pass.

Mr. Harrison of the 116th moved that further consideration of SR 119 and all amendments thereto be indefinitely postponed.

FRIDAY, MARCH 16, 1973

3469

Mr. Groover of the 75th moved that the previous question be ordered.

The motion prevailed and the previous question was ordered.

The following amendment was read:
Mr. Adams of the 14th moves to amend SR 119 by adding a new subsection (e) under Section 1 on page 7 to read as follows:
"The lease attached hereto as referred to in subsection (a) shall not contain a maximum permissible adjusted base annual rental."

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 Beckham Berlin Berry Bohannon Brown, C. Burton Carlisle Cole Coleman Collins, M. Collins, S. Davis, E. T. Davis, W. Dean, N. Dixon

Dorminy Duke Elliott Floyd, L. R. Geisinger Harrison Hill, G. Horton, W. L. Howard Irvin, R. Jordan Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Levitas

Mulherin Nix Noble Odom Petro Russell, J. Russell, W. D. Sams Stephens Sweat Twiggs Wall Wheeler, Bobby Whitmire Williams Wilson, J. M. Wood

Those voting in the negative were Messrs.

Adams, J. H. Adams, Marvin Alexander, W. H. Alexadner, W. M. Alien Atherton Bailey Bennett Blackshear Bond

Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Busbee
Carr

Carrell Castleberry Chance Clark Colwell Coney Connell Daugherty Dean, Gib Dollar

3470
Edwards Egan Ellis Evans Ezzard Farrar Floyd, J. H. Foster Fraser Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Howell Hudson Irvin, J. Irwin, J. R. Jessup Johnson Jones

JOURNAL OF THE HOUSE,

Keyton King Knight Kreeger Lambert Lee, W. J. (Bill) Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDonald McKinney Miles Milford Morgan Moyer Mullinax Murphy Nessmith Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce

Peters Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Thomason Thompson Toles Townsend Triplett Tucker Turner Vaughn Waddle Walker Wamble Wheeler, J. A. Willis Wilson, M. L.

Those not voting were Messrs.:

Dean, J. E. Dent Dickey

Hutchinson McDaniell Phillips, L. L.

Strickland Ware Mr. Speaker

On the adoption of the amendment, the ayes were 51, nays 120.

The amendment was lost.
Mr. Berry of the 86th stated that he inadvertently voted "aye" on the adop tion of the amendment. He intended to vote "nay".

An amendment offered by Mr. Mulherin of the 81st was read and lost.

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

FRIDAY, MARCH 1C, 1973

3471

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, Marvin Alexander, W. H. Alexander, W. M. 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 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
Dixon
Dollar
Edwards
Egan
Ellis
Evans
Ezzard

Farrar Floyd, J. H. Foster Fraser Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Johnson Jones Keyton 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
McCracken
McDaniell
McDonald
McKinney

Miles Milford Morgan Moyer Mullinax Murphy Nessmith Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Thomason
Thompson
Townsend
Triplett
Tucker
Turner
Vaughn
Waddle
Walker
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Willis
Wilson, M. L.

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Those voting in the negative were Messrs.:

Adams, John Beckham Bohannon Burton Carlisle Coleman Davis, W. Dickey Dorminy Duke Elliott Floyd, L. R.

Geisinger Harrison Hill, G. Horton, W. L. Irvin, R. Jessup Jordan King Lane, Dick Larsen, W. W. Mulherin

Nix Noble Odom Petro Russell, W. D. Sweat Wall Whitmire Williams Wilson, J. M. Wood

Those not voting were Messrs.:

Bond Phillips, L. L. Russell, J.

Strickland Toles

Twiggs Mr. Speaker

On the adoption of the Resolution, the ayes were 141, nays 34.

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

Mr. Toles of the 16th requested that he be recorded as having voted for the adoption of SR 119.

By unanimous consent, the Rules were suspended, and the following were read and referred:
HB 1238. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act known as the "Apartment Onwership Act", so as to change the provision relating to the contents of deeds or subleases conveying apartments; and for other purposes.
Referred to the Committee on Judiciary.
HR 377-1238. By Mr. Dean of the 17th: A Resolution compensating Cedartown-Atlanta Freight Lines, Inc.; and for other purposes.
Referred to the Committee on Appropriations.
HR 378-1238. By Mr. Dean of the 17th: A Resolution compensating Cedartown-Atlanta Freight Lines, Inc.; and for other purposes.
Referred to the Committee on Appropriations.

FRIDAY, MARCH 16, 1973

3473

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 353. By Senators Zipperer of the 3rd and Riley of the 18th:
A Bill to be entitled an Act to amend Code Chapter 65-2, relating to Nonprofit Cooperative Associations, so as to change the definition of the term "agricultural products" to include fisheries products; and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 153, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate, to-wit:

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.

The President has appointed on the part of the Senate the following Sena tors: Kidd of the 25th, London of the 50th, and McDuffie of the 19th.

The following Bills and Resolution of the House were taken up for the pur pose of considering the Senate amendments or substitutes thereto:

HB 18. By Messrs. Floyd of the 5th, Busbee of the 114th and others:
A Bill to be entitled an Act to provide that it shall be unlawful for a political subdivision to charge a tax or fee on persons traveling in air commerce; and for other purposes.

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The following Senate amendment was read:

The Senate moves to amend HB 18 by striking from the title, be ginning on line 19 of page 1, the following:

"landing fees, and other service charges from aircraft owners or operators for the use of airport facilities",

and inserting in lieu thereof the following:

"landing fees, license fees, permit fees and other service charges from aircraft owners or operators and others for the use of airport or related facilities".
By striking from Section 1, beginning on line 15 of page 2, the following language:
"landing fees and other service charges from aircraft owners or operators for the use of airport facilities",
and inserting in lieu thereof the following:
"landing fees, license fees, permit fees and other service charges for the use of airport facilities and related facilities from aircraft owners, operators, persons selling or providing goods or services to such owners or operators or to the public and from others, all where otherwise allowed by applicable laws".

Mr. Floyd of the 5th moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 136, nays 0. The Senate amendment to HB 18 was agreed to.

HB 193. By Messrs. Farrar of the 52nd and Buck of the 87th:
A Bill to be entitled an Act to amend an Act so as to change the pro visions relative to retirement benefits under the Teachers' Retirement System; and for other purposes.

The following Senate substitute was read:
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 retirement bene-

FRIDAY, MARCH 16, 1973

3475

fits; to change the provisions relative to the limitation on employer contributions; 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 the following sentence after the second sentence of the first paragraph of paragraph (c) of subsection (2) of Section 5:

"Any member who retired with 35 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired, shall be entitled to an adjusted retirement bene fit based upon a calculation made without the application of the age reduction factor.",

and by striking from the third sentence of said paragraph the follow ing: "8.509<" and inserting in lieu thereof the following: "8.60%", so that when so amended, the first paragraph of paragraph (c) of sub section (2) of Section 5 shall read as follows:

"In the case of the retirement of any member who has less than 35 years of creditable service or who has not attained the age of 62 years, the service allowance above described shall be reduced by 1/12 of 3'7<? for each month by which his age at the time of retirement is below 62 years. The aforesaid reduction shall not ap ply in calculating the service allowance for disability retirement or death. Any member who retired with 35 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of reirement in effect at the time he retired, shall be entitled to an adjusted retirement benefit based upon a calculation made without the application of the age reduction factor. Any retirement benefits or allowances provided or authorized by this Act shall not increase the employer con tributions beyond the percentage rate of 8.60 % of teachers' salaries. No funds shall be expended or paid as provided in this subsection until such time as the provisions of an amendatory Act approved March 6, 1962 (Ga. Laws 1962, p. 666), an amended by a sub sequent amendatory Act approved April 17, 1963 (Ga. Laws 1963, p. 656), relative to providing a minimum floor of $5.00 per month for each year of service up to 40 years for retired members of the Teachers' Retirement System of Georgia, has been implemented to at least such $5.00 amount."

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 agree to the Senate substitute.

On the motion to agree, the ayes were 142, nays 0.

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JOURNAL OP THE HOUSE,

The Senate substitute to HB 193 was agreed to.

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.
The following Senate substitute was read:
A RESOLUTION
Creating the Minimum Foundation Program of Education Study Committee; and for other purposes.
WHEREAS, the State of Georgia must depend upon its present system of public education to insure its further growth and develop ment; and
WHEREAS, a paramount issue facing the General Assembly is the elimination of any inequities in the present Minimum Foundation Pro gram of Education Act.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is hereby created the Minimum Foundation Program of Education Study Committee to be composed of twenty-seven members to be selected as follows: five members of the Senate, one of whom shall be the Chairman of the Elementary and Secondary Education Committee, and one of whom shall be the Chair man of the Vocational and Technical Education Committee, and three to be appointed by the President of the Senate; five members of the House of Representatives, one of whom shall be the Chairman of the Education Committee, and one of whom shall be the Chairman of the Subcommittee on Vocational Education, and three to be appointed by the Speaker of the House of Representatives; nine to be appointed by the Governor, one of whom shall be a graduate of a Georgia public high school and shall be currently attending a college or university within the State; the State Superintendent of Schools or his designee; the Chairman of the State Board of Education or his designee; the Pres ident of the Georgia Association of Educators, or his designee; the President of the Georgia Association of School Superintendents, or his designee; the President of the Georgia School Boards Association, or his designee; the President of the Georgia Association of Classroom Teachers, or his designee; the President of the Georgia Congress of Parents and Teachers, or his designee; and the President of the League of Women Voters of Georgia, or her designee. The Committee shall be authorized to review and evaluate the Minimum Foundation Program of Education Act and other State statutes affecting the public schools of Georgia and to recommend ways and means of adding to, modifying, and/or eliminating any provisions, any laws, or sections of laws for the purpose of modifying public education in the State. The Committee is further authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this

FRIDAY, MARCH 16, 1973

3477

Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each legislative member of the Committee shall receive the expenses and allowances authorized by law for members of legislative interim committees for service on the Committee. The State Officer and employee members of said Committee shall receive no compensation for their services, but they shall be re imbursed for expenses incurred by them in the performance of their duties as members of the Committee. The remaining members of the Committee shall receive no compensation from State funds for their services. The funds necessary for the reimbursement of the expenses of said State Officer and employee members shall come from funds ap propriated or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the Legislative Branch of Government. The Committee shall make a report of its find ings and recommendations to the 1974 session of the General Assembly on or before December 31, 1973, at which time the Committee shall stand abolished.

Mr. Farrar of the 52nd moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 144, nays 0.

The Senate substitute to HR 293-1118 was agreed to.
HB 344. By Mr. Adams of the 36th: A Bill to be entitled an Act to amend an Act so as to provide that the Department of Public Safety may pay additional compensation for extra or overtime work to officers, noncommissioned officers and troopers of the Uniform Division when federal funds are available; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, particularly by an Act approved March 23, 1972 (Ga. Laws 1972, p. 354), so as to change the compensation of certain members of the Department of Public Safety; to provide that the Department of Public Safety may pay additional compensation for extra or overtime work when Federal funds are available therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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JOURNAL OP THE HOUSE,

Section 1. An Act creating the Department of Public Safety, ap proved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, particularly by an Act approved March 23, 1972 (Ga. Laws 1972, p. 354), is hereby amended by striking from Section 2 of Article II the following:

" 2 Majors ____--..__._._... ._...___..__ $7,325.00 per year, each

6 Captains -.---------._____-___$6,725.00 per year, each

12 1st Lieutenants _....._ $6,325.00 per year, each

2 Sergeant Majors _.__.._.__...._.$6,125.00 per year, each

60 Sergeants

.... $6,025,00 per year, each

60 Corporals _-__.___. . .. . $5,725.00 per year, each

Troopers __----.________________._._. $5,275.00 per year, each

There shall be no more than seven (7) Chief Radio Operators and no more than six (6) Chief License Examiners in said depart ment, plus such additional Radio Operators and License Examiners as said department may require. Chief Radio Operators and Chief License Examiners shall be compensated at the rate of $6,800 per annum. Radio Operators and License Examiners shall be compen sated at the rate of $6,200 per annum. All Radio Operators and all License Examiners though not members of the uniform battalion, shall be entitled to the increase hereinafter provided for length of service on such base salary.",
and inserting in lieu thereof the following:
" 2 Majors __._-___........___.___.________$7,850.00 per year, each
6 Captains ........ .. ............._ $7,230.00 per year, each
12 1st Lieutenants .... ............$6,810.00 per year, each
2 Sergeants Majors ... ....... $6,600.00 per year, each
60 Sergeants ................ ......... $6,490.00 per year, each
60 Corporals ........................... $6,170.00 per year, each
Troopers ... . . ... . ......... $5,700.00 per year, each

There shall be no more than seven Chief Radio Operators and no more than six Chief License Examiners in said department, plus such additional Radio Operators and License Examiners as said department may require. Chief Radio Operators and Chief License Examiners shall be compensated at the rate of $7,175 per annum. Radio Operators, License Examiners and Clerk-Dispatchers shall be compensated at the rate of $6,550 per annum. All Radio Operators, all License Examiners, and all Clerk-Dispatchers, although not mem bers of the Uniform Battalion, shall be entitled to the increases hereinafter provided for length of service on such base salary."

Section 2. Said Act is further amended by adding the following new paragraph after the third paragraph of Section 2 of Article II which begins "Said salaries":

FRIDAY, MARCH 16, 1973

347&

"The Department of Public Safety shall also be authorized to pay to officers, non-commissioned officers, and troopers additional compensation for extra or overtime work if the funds for the additional compensation are provided by an agency, bureau, com mission, or department of the United States government."

Section 3. Said Act is further amended by adding to the first unnumbered paragraph of Section 6, following the word "law", the following:

", any additional compensation provided by or through federal funding to which he may be entitled,",

so that when so amended, the first unnumbered paragraph of Section 6 shall read as follows:

"No officer or trooper of the Uniform Division of the Depart ment of Public Safety shall receive any emolument of any kind, save their salary provided by law, any additional compensation pro vided by or through federal funding to which he may be entitled, and such expense as may be legally incurred or authorized. Pro vided, that any officer or trooper shall be entitled to receive a legal reward for the apprehension of any criminal, but shall not receive a reward for the recovery of property of any character."

Section 4. Said Act is further amended by adding to the first un numbered paragraph of Section 15, following the word "salary", and before the comma, the following:

"and any additional compensation provided by or through fed eral funding to which he may be entitled",
so that when amended, the first unnumbered paragraph of Section 15 shall read as follows:
"All prosecution for any offense under the statute law of this State and under this Act, where an arrest is made by the Uniform Division of the Department of Public Safety, shall be laid as to venue and trial as criminal offenses of the same grade are fixed by law, and in the court having jurisdiction thereof. No member of the Uniform Division of the Department of Public Safety known as the 'Georgia State Patrol' shall receive any costs, emoluments or other compensation other than his salary and any additional com pensation provided by or through federal funding to which he may be entitled, except a legal reward as otherwise stated in this Act, but all fines and costs shall be paid into the treasury of the tribunal having jurisdiction of such offense and distributed according to law."
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.

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JOURNAL OF THE HOUSE,

Mr. Busbee of the 114th moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 152, nays 0.

The Senate substitute to HB 344 was agreed to.

HB 508. By Mr. Harrington of the 93rd:
A Bill to be entitled an Act to provide a comprehensive program for the regulating of out-of-home child care facilities; and for other pur poses.
The following Senate amendment was read:
The Senate moves to amend HB 508 as follows:
By striking said bill in its entirety and inserting in lieu thereof the following:
A BILL
To be entitled an Act to amend an Act known as the "Children and Youth Act," approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 772), so as to provide that the Department of Human Resources may seek injunctive relief against the unlicensed or grossly deficient operation of a child welfare agency; 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 "Children and Youth Act," ap proved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 772), is hereby amended by adding to Section 14 thereof, relating to child welfare agen cies, a new subsection to be designated subsection (t) which shall read as follows:
"(t) Injunctive Relief. The Department of Human Resources may, without regard to the availability of other remedies, including administrative remedies, seek an injunction against the continued operation of a child welfare agency without a license or the con tinued operation of a child welfare agency in wilfull violation of this Act or of any regulation of the Department or in violation of any order of the Board of Human Resources."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

FRIDAY, MARCH 16, 1973

3481

Mr. Harrington of the 93rd moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 143, nays 0.

The Senate amendment to HB 508 was agreed to.

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 estab lish prior service credits under the Retirement System; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an 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 an Act approved April 14, 1971 (Ga. Laws 1971, p. 917), so as to authorize certain persons to be employed as public school em ployees, to become members and to establish prior service credits under the Retirement System; to provide for a procedure establishing such prior service credits; to provide for notification; to change the provi sions relative to local retirement systems; 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 Public School Employees Retire ment 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 an Act approved April 14, 1971 (Ga. Laws 1971, p. 917), is hereby amended by adding at the end of Section 5 a new subsection, to be designated subsection (f), to read as follows:
"(f) Any provision of this Act to the contrary notwithstanding, any person, regardless of his age, who would have been able to establish prior service credit under the provisions of this Act had he been employed as a public school employee on the effective date of this Act may be employed as a public school employee sometime between Ju'y 1, 1973 and December 31, 1973. Upon employment as a public school employee such person shall become a member and may establish prior service credit under Section 5(b) in spite of the fact that he was not a public school employee between January 1, 1970 and July 1, 1970. On or before June 1, 1973, the Board shall inform all public school systems in the State of the provisions of this subsection."

3482

JOURNAL OP THE HOUSE,

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Rogers of the 128th moved that the House agree to the Senate substitute to HB 315.

On the motion, the ayes were 148, nays 0.

The motion prevailed and the Senate substitute to HB 315 was agreed to.

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 Divi sion 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 Senate Committee on Banking and Finance offers the following amend ment:
Amend HB 321 by striking the last sentence of the language quoted as Code Section 100-101 in Section 1 of said bill in its entirety and inserting in lieu thereof the following:
"At such time as an Act providing that banks and savings and loan associations shall be taxed in the name manner as other corpo rations are taxed becomes effective, 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 Savings and Loan Insurance Cor poration."

Mr. Murphy of the 18th moved that the House agree to the Senate amend ment to HB 321.

On the motion, the ayes were 144, nays 0.

The motion prevailed and the Senate amendment to HB 321 was agreed to.

FRIDAY, MARCH 16, 1973

3483

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence upon its position in disagreeing to the House substitute thereto:

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 definitions; to provide for the creation of the Long-Term Health Care Reviewing Council and for its powers and duties; to provide for certificates of need; to provide for the procedures, requirements and other matters relative to the foregoing; to provide for enforcement and penalties; to provide for severability; to repeal conflicting laws; and for other purposes.
Mr. Burruss of the 21st moved that the House insist on its position in sub stituting SB 16, and that a Committee of Conference on the part of the House be appointed 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. Brown of the 67th, Groover of the 75th and Keyton of the 121st.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 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 HB 141
The Conference Committee on HB 141 recommends that both the

8484

JOURNAL OP THE HOUSE,

Senate and House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 141 be adopted.

FOR THE SENATE:
/a/ Frank E. Coggin Senator, 35th District
/s/ Hugh M. Gillis, Sr. Senator, 20th District
/s/ R. Eugene Holley Senator, 22nd District

Respectfully submitted,
FOR THE HOUSE:
/a/ James H. "Sloppy" Floyd Representative, 5th District
/s/ George D. Busbee Representative, 114th District
/s/ Thomas B. Murphy Representative, 18th District

CONFERENCE COMMITTEE REPORT ON HB 141
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; to make and provided such appropriations for the operation of the State Gov ernment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental ac tivities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1973, and ending June 30, 1974, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and Federal Revenue Shar ing Funds.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch.

A. Operations _________________...__.__.. .........

$

B. For election blanks and other election expenses, including publishing constitutional amend ments -,, __________________....._,,__ $

C. For all cost of Georgia Official and Statistical Register ..................................................I

6,765,000 175,000 95,000

FRIDAY, MARCH 16, 1973

For compensation, expenses, mileage, allowances, air travel expense and benefits for members of the Gen eral Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legislative Lead ers, Conference of Insurance Legislators, and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incidental expenses for the Legisla tive Branch; for the necessary cost of renovating and repairing the housing and other facilities for the Leg islative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General As sembly; for the annual report of the State Auditor to the General Assembly; and for cost of Legislative Ser vices Committee, Office of Legislative Council, and Legislative Budget Analyst, as authorized by law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the ex penditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appro priated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits. A. Operations--Audits ...... ........-.....__._.._.....__._.._..._._ $ B. Operations--Tax Ratio Study ..............................I
Section 3. Educational Improvement Council. Operations -_........_..._.._.$
PART II
JUDICIAL BRANCH
Section 4. Supreme Court. Operations ......................._._._..._......___......_.. ....................I

Changed Objects:
Personal Services .._._....___._.__.._........ $ Operating Expenses ......._._._______._..$

747,606 124,375

3485
1,632,600 350,000 68,558 871,981

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JOURNAL OF THE HOUSE,

For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allo cated for the payment of attorneys' fees and legal ex penses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-478.

Section 5. Superior Courts. Operations ..__.._.................__..........__.........._..............._........_.$ 5,814,658

Changed Objects:
Personal Services ________.________.________.__.$ 5,510,658 Operating Expenses -.....,,......._.,,._.__..$ 304,000

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 allow ances, 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 appropriation 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 Emer itus position established during the fiscal year.

Provided, further, that the listed appropriation shall be increased by the amount of $30,000 per annum for each judgeship created by law during the 1973 session of the General Assembly.

Section 6. Court of Appeals. Operations ................__.__.______....._......,,.........._...___,,.__.____.$

952,844

Changed Objects:
Personal Services __.__.__,,_. ______..______..$ Operating Expenses --_--.-_----__--_--_$

897,644 55,200

FRIDAY, MARCH 16, 1973

3487

For the cost of operating the State Court of Ap peals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional posi tion established during the fiscal year.

Section 7. Administrative Office of the Court. Operations .....-.......................................----......................I

75,000

Changed Objects:
Personal Services -------_--_._----_----$ Operating Expenses _----_.._________,,.--.$

54,700 20,300

For the cost of operating the Administrative Office of the Court.

Section 8. Court Reports. Operations ..-- ....._.._._....---......$

Changed Object: Operating Expenses ..___.___._. _____,,--_ $

47,000

47,000

For the cost of printing and distributing the re ports of the Supreme Court and Court of Appeals.

Section 9. Judicial Qualifications Commission. Operations ...... ..... .........................................................I

3,000

Changed Object: Operating Expenses __..._........_..._...... $

3,000

For the cost of operating Judicial Qualifications Commission.

PART III.

EXECUTIVE BRANCH

Section 10. Department of Administrative Serv ices.

A. Operations ...-._...__.._.___________..___._.,..-__,,_._,,,,,,__.__$
Changed Objects: Personal Services .....................I 8,349,430 Operating Expenses ......___.,,. $ 9,632,049

3,396,453

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JOURNAL OF THE HOUSE,

B. Capital Outlay _.....--_._.-._____--_.-__.___.$

82,500

Changed Object: Capital Outlay ...._._...._.,,._._.,,...?

82,500

C. Authority Lease Rentals ...,,...--__.._.._....._-_..--_....$ 3,112,753

Changed Object: Authority Lease Rentals ..._$ 3,112,753

D. Workmen's Compensation Fund ...--...-_.._....._.._...? 700,000

Changed Object:
Workmen's Compensation Fund .................._._..........._......$

700,000

Section 11. Department of Agriculture.

A. Operations ___,,__,,__.______.___.__..______.__.__.._.__.,,___..__.___$ 11,290,800

Changed Objects:
Personal Services -_..._.....__-.___..$ 8,613,600 Operating Expense ____._____._..___..$ 4,028,000

B. Authority Lease Rentals .....................................I 945,000

Changed Object: Authority Lease Rentals ,,____--_$ 945,000

C. Indemnities .........................................................I

65,000

Changed Object: Indemnities _._.,,._.__.,,_._$

65,000

D. Fire Ant Eradication ...,,.,,_...........,,._.._.-..__._....._...$ 1,500,000

Changed Object: Fire Ant Eradication _._......_._$ 1,500,000

E. Capital Outlay .......,,.....-............_...._......__....,,_.........$ 1,775,000

Changed Object: Capital Outlay _--_.,,.._---.._._.-.$ 1,775,000

F. Agrirama _,,........__,,,,....._._._-._.._.._._.................,,...$ 605,588

FRIDAY, MARCH 16, 1973

3489

Changed Objects:
Personal Services ________________----$ Operating Expenses _______________$ Capital Outlay...._____._.__.____.$

76,000 50,000 480,588

Section 12. Department of Banking and Finance. Operations --_.--_._.__________________._.______________________$ 1,123,200

Changed Objects:
Personal Services ----___________________---$ Operating Expenses _-______,,..__.___.._.__$

909,100 214,100

Section 13. Department of Community Develop ment.
Operations ............................................. ...................^ 11,211,519

Changed Objects:

Personal Services ..__._._.____.._.____..--$ Operating Expenses--Regular .._.--$ Advertising ....................................$ Operating Expense--
World Congress Center ___._______.-- $

2,250,054 1,567,570
750,000
200,000

Grants:

APDC -----__.._.________--- $ 1,170,000

HUD--701 Planning Grants ___.-__-_.$ 1,780,000

LEAA Action local _____._____.___-$ 11,249,167

LEAA Action State ......................^ 4,770,000

LEAA Planning _______

_____..$ 350,000

Impact Cities .............................. i 10,000,000

SEADOC --------._____._--$ 133,000

Capital Outlay ________,,____...._...___.__.._-_$ 210,000

Outstanding Authority

Lease Rentals ____._________.____._____---$ 2,000,000

State of Georgia General Obliga

tion Debt Sinking Fund/New

Authority Lease Rentals _.___._.__-_-$ 3,043,478

Provided, that from the above appropriated amount $3,043,478 is specifically appropriated for the purpose of financing the construction and equipping of the pro posed World Congress Center in the City of Atlanta through the issuance of not to exceed $35,000,000 in principal amount of general obligation debt or through the issuance of not to exceed $35,000,000 in principal amount of bonds by the Georgia Building Authority. Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount shall be appro priated to the "State of Georgia General Obligation

3490

JOURNAL OF THE HOUSE,

Debt Sinking Fund". Should said Commission determine that said undertaking be financed through the issuance of bonds by the Georgia Building Authority, said amount shall be appropriated to the Department of
Community Development and used for the purpose of paying lease rentals.

Provided, however, no portion of the authority lease rental funds for the World Congress Center here in authorized, to-wit: $3,043,478 shall be committed or expended prior to October 1, 1973. In the event at that time a World Congress Center building of substantially the type contemplated by the criteria, except as to site, which already has been set by the Executive Board of the Georgia World Congress Center, in the opinion of a majority of the State Properties Control Commission as demonstrated by evidence of ability to do so, can be financed by sources other than State funds or by funds guaranteed by the State, then this sum shall be lapsed. Provided, however, the $200,000 operating expense hereinabove appropriated, or a portion thereof, may be expended for preliminary planning in the interim. The final decision of a majority of the members of the State Properties Control Commission with respect to the lapsing of funds as herein authorized and the adequacy of financing by other sources, shall be made on or before October 1, 1973. This provision shall not be construed as affecting any decision of the Executive Board of the Georgia World Congress Center hereto fore made and such decisions are hereby ratified and confirmed and will be carried out as made if the above funds do not lapse for the reasons hereinabove pro vided.

For general administrative cost of operating the Department of Community Development, including advertising expense and Grants for Area Planning and Development Commissions. For general administrative cost of operating the State Crime Commission office, including the State "buy-in" for Law Enforcement Assistance Agency grants to local governmental units.

Section 14. Office of Comptroller General. Operations __,,..........................-..._...._.._.,,.......__.._,,.........$

2,755,300

Changed Objects:
Personal Services ,,.,,._.._....._...............$ 2,248,200 Operating Expenses .,,...._.............____.$ 529,300

Section 15. Department of Defense. A. Operations .............,,..._....,__,,,,..___.............................$

1,457,400

FRIDAY, MARCH 16, 1973

3491

Changed Objects:
Personal Services ................--.....I 1,002,400 Operating Expenses __..___..,,._.__._.$ 436,500

Grants:
National Guard _._.,,$ Service Contract _._....._,,...,,.........$ Georgia Military Institute ..._____$

200,000 140,000 16,000

B. Capital Outlay ........................................................I 703,000

Changed Object: Capital Outlay .........._......_._._......_.$ 878,000

Section 16. State Board of Education--Department of Education.

A. Operations ..,,,,,,,,..-,,..,,,,

$ 532,067,208.97

Provided, that none of the State funds appropri ated above may be expended to initiate or commence any new program or project which would create a con tinuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly.

Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall be the pro rata part of the cost of employer contributions to the Teachers' Retirement System ap plicable to such salary.

Provided, that the amount of $7,000,000 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 noncertificated personnel to assist classroom 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 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 Systems and the State Department of Education.

Provided, that independent school systems shall be

3492

JOURNAL OF THE HOUSE,

eligible to participate in the "mini-buses" transporta tion program for Special Education Students.

B. Construction:
Authority Lease Rental Payments to Georgia Education Authority (Schools) ..._._.,,.__..._..$
Grants to School Systems for Authority Lease Rental Payments to Georgia Education Au thority (Schools) ...-.........---.--..--.-..--.----.I
Grants Direct to School Systems for Capital Outlay Purposes--Bond Retirement _______,,_$
Grants to School Systems for Capital Outlay Purposes--Direct Financing .....__________._._.._..___$
Capital Outlay -.-_.-.._.._.............-...-..............-......_.._..$

460,669
26,895,088 624,243
23,000,000 3,255,000

Provided, that of the above appropriation, relative to construction, $23,000,000 is designated and committed for distribution to local systems on a formula to be promulgated by the State Board of Education based on current increased average daily attendance, surveyed projected growth, outstanding local effort of local systems, age and condition of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribution.

Provided, that of the above appropriation, relative to operations, $50,000 is designated and committed for the Professional Practices Commission.

Changed Objects:
Personal Services .,,_.._.._......___,,..$ 16,096,930 Operating Expenses ..._.._,,....,,._.-..-..$ 7,491,164 Capital Outlay:
Capital Outlay (Regular) _..--_._.$ 3,630,00ft Grants to School Systems for
Capital Outlay Purposes ......_.$ 23,000,000 Authority Lease Rentals:
Authority Lease Rentals (Regular) ______________________.____.$ 460,669
Grants to School Systems for ALR Payments to Georgia Education Authority ___._.__,,_.$ 26,895,088
Grants Direct to School Systems for Capital Outlay Purposes ... $ 624,243
MFPE Grants:
Teacher Salaries (Section 11) _..$260,010,156 Salaries of Other Certificated
Professional Personnel (Section 12) ....__......................I 45,590,345 Special Education Teachers (Section 20) ......___,,_,,.._..........$ 29,087,832

FRIDAY, MARCH 16, 1973

3493

Maintenance, Operations and Sick Leave ...........................,..$ 47,840,611
Travel ____...___________$ 1,004,469 Isolated Schools ........................... ^ 55,883 Mid-Term Adjustment ..................$ 962,282
Pupil-Transportation ........_...__..,,.$ 22,800,965
Instructional Media ----------.__.__ $ 9,158,143

Non-MFYPE Grants:

Teacher Retirement ....____._..._.._..$ 28,944,154

Cooperative Educational Services

Across County Lines ...................$ 2,430,000

Superintendents' Salaries .,,.._.._ $ 2,795,410

Instructional Assistance ..............$ 7,000,000

Enrichment Equalization .,,.,,..$ --0--

Driver Education ..._..........__.._...,,.$ 375,000

Early Childhood Services ----..._.$ --0--

High School Program ._..__.._._.___..$ 18,663,395

Teacher Training and Research . $ 850,000

Local Administration and

Supervision __.__._.__-____.___.___.___.__.__ $ 273,761

Work Study ...........

.. $ 103,000

Adult and Post-Secondary ......... ^ 39,000

Adult Basic Education _____._,,__.____ $ 2,461,000

Area Vocational-Technical

Schools

^ -------.-$ 27,535,493

Manpower Development and

Training ...._._............,,........,,...... $ 3,160,000

Instructional Services for

Handicapped .......................$ 750,000

Preparation of Professional

Personnel for Education of

Handicapped ._.._..._._._._..__.-__._......$ 104,000

Educational Training Services

for Mentally Retarded --.--.--..$ 200,000

Tuition for Multi-Handicapped ..$ 522,000

Severely Emotionally

Disturbed _________,,_._.__,,__.__.__.__..$ 2,988,000

Education of Children from

Low-Income Families ................$ 41,255,252

Strengthening Instruction in

Critical Subjects ....................... ^ 1,544,000

School Library Resources and

other Materials ...............

^ 1,925,000

Summer Library Supervisory Program _..._,,.._.,,__....._.._..............$

57,000

Educational Television ..................$ 56,000

Pre-School Training for the Handicapped ....,,_....._____,,_....$ 6,610,252.97

Psychological Services -------.._--_$ 48,000

Guidance, Counseling, and Testing .......................^..... .........$ 200,000

School lunch ................................$ 50,408,000

Supervising Teachers ...................^ 145,000

3494

JOURNAL OF THE HOUSE,

Supplementary Education Cen ters and Services ,,_,,___,,_______,,__._.$
Teachers' Scholarship __._.____._.___,,_$ In-Service Grants _,,...__,,.______.___.___$ Research and Demonstration .....$ Salaries and Travel of
Public Librarians ._.__._,,_____,,___...$ Public Library Service
and Materials _.___.._.....................$ Public Library Construction ___.___.$

2,506,000 328,000 647,000 --0--
2,474,088
2,262,109 1,149,000

Provided, that of the above appropriation, relative to operations, $27,500 is designated and committed for payment to Houston County Speech and Hearing School, and $27,500 is designated and committed for payment to Houston County Happy Hour School.

Provided, that the State Board of Education shall make allotments for Section 11, 12 and 20 teachers on the basis of the index schedule used for fiscal year 1973.

From the above appropriation, relative to Opera tions, the Department is authorized to make payments to the Teachers' Retirement System to fund a reduction from 15 to 10 years the minimum period for providing disability and death benefits under Teachers' Retire ment.

Provided, that of the funds appropriated in this Section, the Department is authorized to utilize up to $5,000,000 to fund the Equalization Program authorized in HB 57, subject to prior approval by the Fiscal Af fairs Subcommittees.

Provided, that of the above appropriated amount, relative to Pre-school Training for the Handicapped, the Diagnostic Classification and Testing Services Program initiated in F. Y. 1973 under Act No. 1234, Ga. Laws 1972, p. 722, shall be funded at the continuation level in F. Y. 1974, the remainder of such appropriation shall be used and expended to initiate a half-day Pre-school Training program for five-year-old children who are mentally, physically, or emotionally handicapped, and for no other purpose.

Section 17. Employee's Retirement System. Operations --._..--....._...--.--,,.........--...... _____-___.____,,________. $ --0-

Changed Objects:
Personal Services ._...._..__._.__.._........$ Operating Expenses _.,,_...--...............$

465,600 208,000

FRIDAY, MARCH 16, 1973

3495

Section 18. Forestry Commission. Operations __,,__________._______.__.. _______________............

_.$ 8,477,200

Changed Objects:
Personal Services ....... Operating Expenses ._

7,953,800 2,600,200

Provided, that of the above appropriation, $25,000 is designated and committed for sewer line construction in Bibb County. Provided, further, that none of the funds appropriated above for this purpose shall be used until the Attorney General has issued an official opinion that such expenditure be legal.

Section 19. Forest Research Council. Operations .......................................................................I

606,000

Changed Objects:

Personal Services ._....,, ...._$

Operating Expenses ................--__.....$

Research Contracts

............ ^

88,000 56,200 483,600

Section 20. Office of the Governor.

A. Operations Governor's Office .................. ^. .......,.......$

858,000

Changed Objects:
Personal Services ........_.....,,,,__.$ Operating Expenses __,,_............$ Mansion Allowance _.__,,.._,,_,,____.$

544,000 289,000
25,000

Office of Planning and Budget ___.._.____._____________._.$ 1,583,213

Changed Objects:
Personal Services ..........__..___.....$ 1,780,331 Operating Expenses: Regular ..$ 353,482 Payments to Regional
Commissions ................__.._._.__..$ 216,700

B. Governor's Emergency Fund ................... .^ 2,000,000

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his dis cretion in any emergency that he may determine re quires expenditure of any part of said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution.

3496

JOURNAL OP THE HOUSE,

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger there of or other grave emergency when available funds are not sufficient for such purposes.

Section 21. Grants to Counties and Municipalities.

A. Grants to Counties ............,,--..-.--.----,,,,..$ 2,600,000

Changed Object: Grants to Counties .___.____.,,__._-.$ 2,600,000

B. Grants to Municipalities ...................................._...$ 4,200,000

Changed Object: Grants to Municipalities.. .-..$ 4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and municipal ities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

C. Grants to Counties .._........,,__.. ,,__.___,,___$ 50,000,000

To provide grants to counties for county roads and maintenance and to grant ad valorem tax relief. These grants shall be disbursed and distributed by the Fiscal Division of the Department of Administrative Services.
Section 22. Department of Human Resources.
A. Operations __._....,,_------_.,,_...._.._.._....,,......$ 287,026,700
Changed Objects:
Personal Services _._._._...__ -----..$136,394,400 Operating Expenses ........,,.,,....$ 86,636,264 Grants ......... ... ..-------$ 65,704,000 Benefits ------------------------$405,403,000

Provided, that of the above appropriation, a specific sum equal to the cost of providing uniforms for all firemen and security personnel at Central State Hospi tal is designated and committed for the provision of such uniforms for such employees.
Provided, that of the above appropriation, $400,000

FRIDAY, MARCH 16, 1973

3497

is designated and committed for the Savannah Sheltered Workshop.

Provided, that the funds included in this Section for the State to operate the Cobb County Detention Cen ter shall only be available for expenditure therefor upon
said facility and real estate being transferred and deeded to the State at no cost to the State.

Provided, that of the above appropriation, $100,000 is designated and committed for the Hemophilia Pro
gram.

Provided, that of the above appropriation relative
to Operations, $5,000,000 is designated and approved for payment to the Macon-Bibb County Hospital Authority upon the approval by the Federal Government of the application for funding of a new medical college for
the training of medical doctors and other allied medical personnel under the provisions of Public Law 92-157
known as the "Comprehensive Health Manpower Training Act" of 1971.

Provided, that of the above appropriation, $15,000 is designated and committed for improving the play ground for the children's unit at the Georgia Mental Health Institute. Provided further, that $19,000 is des ignated and committed for the purchase of emergency equipment at said institution.

Provided, that of the total funds contemplated in
this Section $650,000 is designated and committed for the Sheltered Workshops for the mentally retarded.

Provided, that of the above appropriation, $11,663,000 is designated and committed for the Day Care Cen
ters for the Mentally Retarded.

Provided, however, that the object classes for the State hospitals will be as follows:
Southwestern State Hospital Personal Services .-._......._.-._...-.-.$ 5,441,000 Operating Expenses ..._....._......_.......$ 1,126,000
Georgia Retardation Center Personal Services ....--..--........------.I 8,826,000 Operating Expenses ,,_,,__._.__._---$ 2,784,000
Georgia Mental Health Institute Personal Services _.......,,..,,_...,,......,,-..$ 6,087,000 Operating Expenses _,,_.._.__.____.--$ 1,757,000

3498

JOURNAL OF THE HOUSE,

Georgia Regional Hospital at Augusta
Personal Services ______..,,_._._.____.._...___.$ 3,989,000 Operating Expenses .......-_...._..........$ 1,036,000

Georgia Regional Hospital at Atlanta
Personal Services ............._...._...._.....$ 4,905,000 Operating Expenses ____------------_._.$ 1,540,000

Central State Hospital
Personal Services ......_..._.__.._-....._-..$ 33,495,000 Operating Expenses .......................$ 8,210,000

Georgia Regional Hospital at Savannah
Personal Services ................ ^ 3,986,000 Operating Expenses __._.._.___.__.____._..__$ 882,000

Gracewood State School and Hospital
Personal Services ............. ^...^ 11,455,000 Operating Expenses .....,,__._.............$ 2,926,000

Northwest Georgia Regional Hospital
Personal Services ........... ...^.. $ 1,839,000 Operating Expenses ....................^ 783,000

West Central Georgia Regional Hospital
Personal Services .......................$ 1,342,000 Operating Expenses _____._.___.____.________.$ 782,000

B. Construction .................................^......^ 10,378,000

Changed Objects:

Capital Outlay ............................I
Outstanding Authority Lease Rentals ,,.,,_,,.........__.._.$
State of Georgia General Obligation Debt Sinking
Fund/New Authority Lease Rentals ....__._...__.,,......$

4,308,000 5,545,000
525,000

Provided, that of the above appropriation, $484,000
is designated and committed to construct a Regional Youth Development Center at Blakely, Georgia.

FRIDAY, MARCH 16, 1973
Provided, that from the above appropriated amount, $525,000 is specifically appropriated for the purpose of financing the construction and equipping of (1) a new 75-bed multi-geographic facility at Southwestern State Hospital (Thomasville), (2) a school for special educa tion at Central State Hospital, and (3) a new 60-bed medical hospital at Gracewood State School and Hospi tal through the issuance of not to exceed $6,025,000 in principal amount of general obligation debt or through the issuance of not to exceed $6,025,000 in principal amount of bonds by the Georgia Building Authority (Hospital). Should the Georgia State Financing and Investment Commission elect to issue General Obliga tion Debt to finance said undertaking, said amount will be appropriated to the "State of Georgia General Obli gation Debt Sinking Fund." Should said Commission determine that said undertaking be financed through the issuance of bonds by the Georgia Building Author ity (Hospital), said amount shall be appropriated to the Department of Human Resources and used for the pur pose of paying lease rentals.

3499

Section 23. Department of Labor.

A. Operations .............--...-.-.--.$ 1,395,000

Changed Objects:

Personal Services _..__.._._._---.$ 16,543,000

Operating Expenses __.._____---,,...$ 5,860,000

Grants

. $ 1,769,000

B. Unemployment Compensation Reserve Fund ........._.-_---.$

Changed Object:
Unemployment Compensa tion Reserve Fund ...,,...........$

500,000

500,000

C. Model Ex-offender Program ......,,...$

Changed Objects:
Personal Services ____..___.........__..$ Operating Expenses ________.,,----.$

292,251 31,970

249,221

D. Pre-trial Intervention Project _--._........_.____.$

Changed Objects:
Personal Services ...._........--.$ Operating Expenses .._.,,.._.......$

350,322 291,014

35,277

3500

JOURNAL OP THE HOUSE,

E. Vocational and Academic Evaluation ............................................................I

90,521

Changed Objects:
Personal Services --__._..__....$ Operating Expenses --.----.._._.$

81,087 9,434

Section 24. Department of Law.

A. Operations ........................................................I 2,091,100

Changed Objects:
Personal Services ......................I 1,809,800 Operating Expenses .......,,,,,,.....$ 343,300

B. Books for State Library .............._...............,,,,.._..$

21,000

Changed Object: Books for State Library ._..__.__$

21,000

For the cost of operating the Department of Law provided that the compensation of all Assistant Attor
neys General, Deputy Assistant Attorneys General, all
law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of
Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds
appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the De
partment of Law as provided by law.

Section 25. State Literature Commission. Operations -_.__.__.____.._.______.________.________-___-_,,_;.._._.__..____._..$

Changed Objects:
Personal Services ....-_..-_..___.-,,...$ Operating Expenses .._....-.,,....-._,,....$

25,000 6,000

31,000

Section 26. Merit System of Personnel Administration.
Operations --___,,-_-_-----_._.__--_.,,.-----.___..-..----.__-.-$
Changed Objects: Personal Services _._________.____,,_.._..$ 1,269,500 Operating Expenses .._....--......-.--.-..$ 629,000

--0--

FRIDAY, MARCH 16, 1973

3501

Provided, that the State Merit System through agency assessment of $5,500 to the Department of Edu cation's budget to provide for funds for research and development of a health insurance plan for public school teachers as provided for by House Bill 39.

Section 27. Department of Natural Resources.

A. Operations ..........________......_.....__..___._____.__.._.__..__.._____.$ 21,949,650
Changed Objects:
Personal Services -............._._.__$ 15,925,000 Operating Expenses _________..__..__.$ 11,504,900
Grants: Land and Water Conservation Fund _______,,,,.,,..$ 4,000,000
Local Governments:
Solid Waste Systems ___.________,,_ $ 2,000,000 Savannah Beach
Reclamation ............................I 476,950 Recreation Systems _,,._______._,,_ $ 200,000 Water and Sewer Systems ._...$ 2,000,000

B. Authority Lease Rentals ........................................I 2,546,000
Changed Object: Authority Lease Rentals ......... $ 2,546,000
C. Capital Outlay ..._...._.___...._.....__.________...__...............__.$ 3,226,100
Changed Object: Capital Outlay ............__...._....._...$ 3,746,200
D. Heritage Trust .........._.....,,_.,,..._..........,,................$ 12,000,000
Changed Objects: Personal Services ..___.........._......$ 135,908 Operating Expenses ........__...... $ 85,650 Capital Outlay ............_...._..........$ 11,778,442

Provided, however, that none of the above appro priation for Water and Sewer Grants shall be allotted to any county or municipality unless such county or municipality shall have reached its legally established bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the

3502

JOURNAL OF THE HOUSE,

official approval thereof by the Board of Natural Re sources.

Provided, that of the above appropriation relating to Capital Outlay, $300,000 is designated and com mitted for the Crooked River Project.

Provided, that of the above appropriation relating to Operating Expenses, $15,000 is designated and com mitted for planning and securing options for a new State Park in Rockdale County.

Provided, that of the above sum the sum of $500,000 is to be used for acquiring land and establishing the Pickett's Mill and New Hope Church State Park in Paulding County, Georgia.

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Sec tion or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.

Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and com mitted for General Coffee State Park.

Provided, that of the above appropriated amount, $7,500 is designated and committed for the purchase of equipment for pocket parks in Wayne County, Georgia.

Section 28. Department of Offender Rehabilitation.

A. Corrections Operations

21,780,900

Changed Objects:
Personal Services ..._..,,..._.._.....$ 14,735,200 Operating Expenses .._..._..._____..$ 8,715,700

Capital Outlay ...--..-..-.......--..-............-.-..............I 12,305,000

Changed Object: Capital Outlay -__-.......__.-.-_.....$ 12,305,000

Authority Lease Rentals

840,000

Changed Object: Authority Lease Rentals _....,,.,,$ 840,000

FRIDAY, MARCH 16, 1973

3503

Provided, that of the above appropriation relating to Capital Outlay, $500,000 is designated and commit ted for equipment purchases for Correctional Industries.

B. Offender Rehabilitation Operations ..._.....-......,,...,,._,,._--,,-.$ 4,349,000

Changed Objects:
Personal Services .....................I 4,183,100 Operating Expenses .,,...,,.....__.$ 734,900

C. Pardons and Parole Board

Operations

_,,,,._._ __^$

351,000

Changed Objects:
Personal Services _..................._.$ Operating Expenses _________________ $

300,000 51,000

Section 29. Department of Public Safety.

A. Operations -_....-...,,,,......,,$ 21,787,300

Changed Objects:
Personal Services __________._--_,,__$ 16,592,500 Operating Expenses ............_..._.$ 8,328,300

B. Capital Outlay ._-.,,_.___.__.,,$ 167,000

Changed Object: Capital Outlay ,,_..._.............__._.._.$ 167,000

Provided, that of the above appropriation relating to Capital Outlay, $107,000 is designated and commit ted to construct and equip a driver's licensing facility in North Fulton County or North Atlanta.
Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the Amer ican Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).
Provided, that from the above appropriation, there shall be paid to each employee who has repaid moving expenses to the department an amount equal to the re payment such employee has made. Provided, further, that no further repayment of moving expenses by em ployees shall be received by this agency.

3504

JOURNAL OF THE HOUSE,

Provided, that of the above appropriation relating
to Operations, $30,000 is designated and committed to purchase uniforms for the Driver's License Examiners.

Section 30. Public School Employee's Retirement System.

A. Operations _-.-..-..._._.-..._.-.________...__.._.______._.......$ 137,000

Changed Object: Operating Expenses ..................I 137,000

B. Employer Contribution ___.___.___._..___.___________._..___...$ 7,369,000

Changed Object: Employer Contribution ......_..._.$ 7,369,000

Section 31. Public Service Commission.

Operations -._..-............._.._.__..........-......--_,,.._......__.---$ 1,947,688

Changed Objects: Personal Services __..______.$ 1,470,243 Operating Expenses _--.._--.._._,,_...$ 477,445
Section 32. Regents, University System of Georgia.
A. Operations --,,.-.-...----.--_.._._-..---__...-___.,---.? 218,659,541

Changed Objects:
Personal Services _..-....._..--...$244,381,041 Operating Expenses _________.......$ 69,465,000 Teachers' Retirement ________._...$ 13,947,500 Grants to Junior Colleges ._.... $ 3,050,000 Regents Scholarships ............_..$ 200,000 Medical Scholarships .....__...---$ 336,000

B. Construction:

Outstanding Authority Lease Rentals ......._._._.............._....,,.................._.-.....$ 20,193,300

Changed Object:
Outstanding Authority Lease Rentals --..,,_-_.......--.$ 23,018,196
State of Georgia General Obli gation Debt Sinking Fund/New Authority Lease Rentals ....._.._...._.............-.....$

1,000,000

FRIDAY, MARCH 16, 1973

3505

Changed Object:
State of Georgia General Obligation Debt Sinking Fund/New Authority Lease Rentals -..._..,,__........___,,.$

1,000,000

Provided, that from the above appropriated amount, $1,000,000 is specifically appropriated for the purpose of financing a new construction program which con sists of the acquisition of land (if needed) and the con struction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents of the University System through the issu ance of not to exceed $12,000,000 in principal amount of general obligation debt or through the issuance of not to exceed $12,000,000 in principal amount of bonds by the Georgia Education Authority (University). Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount will be appro priated to the "State of Georgia General Obligation Debt Sinking Fund." Should said Commission deter mine that said undertaking be financed through the issuance of bonds by the Georgia Education Authority (University), said amount shall be appropriated to the Board of Regents of the University System and used for the purpose of paying lease rentals.

Provided, that of the above appropriation relating to Operations, the State Board of Regents is authorized to pay $20,000 to the Southern Regional Education Board for 10 Georgia students to attend the Southern College of Optometry.

Provided, that from appropriated funds in A. and B., the amount of $24,018,196 in F. Y. 1974 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books what soever.

Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an ap portionment of funds to the various units of the Univer sity System from all funds available in the amounts necessary in the fiscal year to pay the annual lease con tract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.

3506

JOURNAL OF THE HOUSE,

Provided, that of the above appropriation relating to Operations, the Department is authorized to make payments to the Teachers' Retirement System to fund a reduction from 15 years to 10 years the minimum period for providing disability and death benefits under Teachers' Retirement.

Capital Outlay ........................ ..^ 11,765,200

Changed Object: Capital Outlay .._____.__.._...._..._.._......._...$ 13,265,200

Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applica ble to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the University System or any college or university, from the State General Fund, from the Federal Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.
Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original bud get estimate; provided, further, that the State appro priation shall not be reduced by addition of the above revenues to the operating budget of the Regents of the University System of Georgia.

Provided, that revenue from student fees which ex ceeds the budget estimate of student fees by $2,000,000 shall not be available for operations; provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.

Section 33. Department of Revenue.
A. Operations .....................$ 16,738,859
Changed Objects: Personal Services _.-_,,_..__-.___._.$ 10,641,019 Operating Expenses .___.........__..$ 5,692,840 Grants ...........................$ 412,000

FRIDAY, MARCH 16, 1973

B. Loans to Counties--Property Tax Reevaluation ,,__..--_....--.....___.,,.

Changed Object:
Loans to Counties for Property Tax Reevaluation ___.______________S

325,000

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 in such amounts and for the same purpose as origi nally appropriated but not to exceed $155,000 in F. Y. 1974. Such amount shall be available for further tax evaluation loans to counties.

C. Motor Vehicle Tag Purchases _._._.________..____.______._.$

Changed Object:
Motor Vehicle Tag Purchases ____.,,_,,

$ 995,500

3507 170,000
995,500

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $838,500 is des ignated and committed for use in contracting with Of fender Rehabilitation for the production of at least 1,950,000 motor vehicle tags.

Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags ex ceed the amount herein appropriated, provided, the ad vances made are for services to be rendered within the same fiscal year.

Section 34. Secretary of State.

A. Operations ,,...,,----.$ 4,654,714
Changed Objects: Personal Services ________.___.__._.___$ 3,087,800 Operating Expenses ._..-__.__________$ 1,566,914

B. Authority Lease Rentals _...---._.-____-___-_______._._..._--$

Changed Object: Authority Lease Rentals ..........f

815,000

815,000

Provided, that of the above appropriation relative

3508

JOURNAL OF THE HOUSE,

to Operations, $50,000 is designated and committed for a monument to Richard B. Russell.

Provided, that of the above appropriation, $64,914 is designated and committed for use by the Bi-Centennial Commission.

Section 35. State Scholarship Commission.

A. Operations --.-_..._-..-.._-__...----____-___-$ 384,000

Changed Objects:
Personal Services .....__,,....-._...$ Operating Expenses .......,,__....._.$

456,000 323,000

B. Higher Education Assistance Corporation--Interest and Fees on Loans ...._...._.__..__....___._.__$

435,000

Changed Object: Interest and Fees on Loans ,,..$ 435,000

C. Higher Education Assistance Authority--Direct Loans and Tuition Grants ._,,..._....._.........__...........--__....$

5,451,000

Changed Objects:
Direct Loans -.__-_____,,.._,,,,_,,...__.__.$ 1,176,000 Tuition Grants ......,,_,,.__....___.._...$ 4,200,000

D. State Scholarship Com mission--Scholarships ------------_----_--.----__$ 1,149,000

Changed Object: Scholarships .-_..........._.._.-...__...? 1,224,000

E. Law Enforcement Personnel and Firemen's Dependent Scholarships --..._._--.--_.$

175,000

Changed Object:
Law Enforcement Personnel-- Dependent Scholarships -.--_. $

175,000

Provided, that of the above appropriated amount relative to scholarships an amount not to exceed $12,000 is designated and committed for the purpose of pro viding stipends for training recruitment personnel.

Provided, that of the above appropriated amount

FRIDAY, MARCH 16, 1973

3509

relative to scholarships $175,000 is designated and com mitted solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law.

Provided, that from the above amount $4,200,000 is appropriated for grants and scholarships to students at tending private colleges as provided in Ga. Laws 1971, p. 906.

Section 36. State Treasury Department .___._.........__.$

35,000

These funds do not constitute any legal claim to the Office of State Treasurer and do not evidence any intention by the General Assembly that the Office of State Treasurer is validly in existence. In the event that the Supreme Court of Georgia holds that said of fice no longer exists this appropriation shall not be effective and said funds shall lapse immediately.

Section 37. Soil and Water Conservation Committee.

Operations .......... ^.... ........ ........ ....... ^ 479,000

Changed Objects:
Personal Services _.. Operating Expenses

123,000 356,000

Section 38. Teachers' Retirement System.

Operations ......... -..-.$ 2,263,015

Changed Objects:
Personal Services _______________...___._.____..$ 295,100 Operating Expenses ............. i 347,600 Employer Contribution ___._._._._._______.$ 2,263,015

Section 39. Department of Transportation.

A. Appropriation of all funds on subsection A., B., 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 Department of Administrative Services 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 Adminis-

3510

JOURNAL OF THE HOUSE,

trative 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.

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 appro priated for new authority lease rentals to permit the issuance of bonds to finance new projects.

For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be 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 contracts shall be in accordance with and on the basis of average prices as authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the 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 bud getary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services and constitutionally appropriated to the Department of Transportation.

Operations (including Capital Outlay) ........___,,-..$ 183,761,987

Construction:
State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals ........$

29,921,000

FRIDAY, MARCH 16, 1973
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropria tions to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying an nual debt service requirements on new General Obliga tion debt to finance the construction or reconstruction of public roads and bridges 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 to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt in an amount not to exceed $60,000,000 in principal amount to finance a new program for the construction or re construction of public roads and bridges. Provided, fur ther, that in the event the Georgia State Financing and Investment Commission, for any reason, should de cide not to use the General Obligation procedures estab lished by the Constitution to finance said new program for the construction or reconstruction of public roads and bridges, the same excess amount is then designated and specifically appropriated for additional Authority lease rentals to the Georgia Highway Authority to permit the issuance of new Authority bonds to finance the construction or reconstruction of public roads and bridges.
B. Grants to Counties. For grants to counties for aid in county road construction and maintenance. Grants shall be distributed and disbursed by the Fiscal Division of the Department of Administrative Services provided by law .......... .... . ....... _..__.._..._......_.... ...,,.$
C. For grants to counties for aid in county road construction and maintenance _____ _________ ._........$
The sum appropriated under C. shall be distributed 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 Depart ment of Transportation.

3511
4,817,013.03 4,500,000

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Department of Transportation.

3512

JOURNAL OF THE HOUSE,

At the request of the Governor or Office of Planning and Budget or the Director of the Department of Trans portation 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. For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965
(Ga. Laws 1965, p. 458), as amended ._.._.._._.-.._............$ 9,317,000

Provided, further, that a member of the governing authority of the municipality, designated by such au
thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file
the same with the Fiscal Division of the Department of Administrative Services. At the request of the Gov ernor 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 munici pality to determine the use of such funds. The expense
of such audit shall be deducted from funds granted to such municipality in any future year.

Provided, further, that the above sums shall be dis
tributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

E. For the general administrative expenses of air port development, mass transit planning and develop ment, the promotion of aviation safety and the provision
of air transportation services.

Operations -,,._,,__.,,,,._

$ 954,400

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.

Construction--Airport Development Capital Outlay ......._-.,,.,,_....,,_........._.,,...._...._...._....._.......$

976,000

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 participation.

F. For the identification, planning and develop-

FRIDAY, MARCH 16, 1973
ment of a comprehensive plan for a statewide system of trails.
Operations
Construction--Pilot Bikeways Project Capital Outlay _._..----_..._..- ......._..._._._.
Provided, that the Department of Transportation will prepare the comprehensive plan for the Depart ment of Natural Resources, and provided further that the Department of Transportation is authorized to utilize Pilot Bikeways funds to finance part of the staged construction of a pilot bikeway project when matching federal and/or local funds.

3513
25,000 50,000

Provided, that of the above appropriation relating to operations, $25,000 is designated for planning a statewide system of multi-purpose trails, and $50,000 is designated for a pilot bicycle trail as part of said statewide system.
G. Harbor Maintenance Payments .....__......,,._......-_..$

250,000

Provided, that the entire amount of the above ap propriation for harbor maintenance payments is desig nated and committed for payment for harbor mainte nance at Savannah.

Changed Objects:
Personal Services ._..____.___....._._.____$ 86,886,700 Operating Expenses ,,...._.___________.$ 34,655,687 Capital Outlay .._..........._......._._._..$170,763,000 State of Georgia General Obli
gation Debt Sinking Fund/ Authority Lease Rentals ......_.$ 29,921,000 Grants to Counties __....________...._,,$ 9,317,013.03 Grants to Municipalities .......... f 9,317,000

Section 40. Department of Veterans Service. Operations ....... .................$ 4,810,000

Changed Objects:

Personal Services ............_.... ......$ 1,658,000

Operating Expenses

Regular .. ^ ..

. ......... $ 217,000

Payments to Central

State Hospital ........................$ 2,950,000

Payments to Medical

College of Georgia ................$ 1,489,000

3514

JOURNAL OF THE HOUSE,

Grants to Confederate Widows ......$ 42,000 Capital Outlay _..._......._.........__.._............................_.......___.$ 1,160,000

Changed Object: Capital Outlay ............................I 2,410,000

Section 41. Workmen's Compensation Board. Operations .._....................__...._.

$ 989,000

Changed Objects:
Personal Services _......_._.._..___._...__.....$ 834,000 Operating Expenses __........._.............__._. 155,000

Section 42. In addition to all other appropriations for the fiscal year ending June 30, 1974, there is hereby appropriated collectively to the agencies listed below, the amount of $10,500,000 for the purpose of funding an across-the-board salary increase of not more than $420 per budgeted employee. The Office of Planning and Budget shall determine the allocation of these funds among the agencies listed below, and is hereby autho rized and directed to increase the appropriate object classes involved to reflect this salary increase. In no event shall the Office of Planning and Budget allocate to any agency an amount in excess of the minimum amount required to effect such salary increase for the employees of such agency.
Department of Administrative Services
Department of Agriculture
Department of Audits
Department of Banking and Finance
Department of Community Development
Office of Comptroller General
Department of Defense
Department of Education
Forestry Commission
Forest Research Council
Office of the Governor
Department of Human Resources
Department of Labor
Department of Law
Department of Natural Resources

FRIDAY, MARCH 16, 1973

3515

Occupational Health & Safety Administration Department of Offender Rehabilitation Office of Planning and Budget Department of Public Safety Public Service Commission Department of Revenue Office of Secretary of State Scholarship Commission Soil and Water Conservation Committee Department of Transportation Department of Veterans Service Board of Workmen's Compensation.

Section 43. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No whole sale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline.

Section 44. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is here by appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appro priated for the fiscal year beginning July 1, 1973, and for each and every fiscal year thereafter, until all pay ments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are in sufficient in any year to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution in volved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

3516

JOURNAL OF THE HOUSE,

The General Assembly declares that the sums here by appropriated for lease rentals are to pay the gen eral obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.

Section 45. All expenditures and appropriations made and authorized under this Act shall be according to the objects, programs and activities as specified in the Governor's recommendations contained in the Bud get Report submitted to the General Assembly at the regular 1973 session, except as otherwise specified in this Act; provided, however, the Director of the Bud get is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsover shall be transferred for use in initiating or commencing any new program or activity not currently having an appro priation, nor which would require operating funds or capital outlay funds beyond fiscal year 1974, and pro vided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropria tions Committees of the Senate and House of Repre sentatives of all instances revealed in his audit in which the expenditures by object class of any depart ment, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.

Section 46. Wherever 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 Budget Report for F. Y. 1974 submitted to the 1973 General Assembly.

Section 47. The Director of the Budget shall deter mine the appropriations contained in this Act to which the Federal Revenue Sharing Funds contemplated in

FRIDAY, MARCH 16, 1973

3517

this Act shall apply. It is the intent of this General Assembly, however, that to the greatest extent feasible, such Federal Revenue Sharing Funds be applied to capital outlay and other items of a non-recurring nature.

Section 48. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

TOTAL APPROPRIATIONS F. Y. 1974 ....__.._._.......__._......_.....__.____-._-...__.._--_--__--_-- $1,664,168,762.

Section 49. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 50. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Floyd of the 5th moved that the report of the Committee of Conference on HB 141 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, J. H.
Adams, John Adams, Marvin Alexander, W. H.
Alexander, W. M. Alien Atherton Bailey 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 Chance Cole Coleman Collins, M. Colwell
Coney Connell

Daugherty Davis, W.
Dean, Gib Dean, J. E. Dean, N.
Dent Dickey Dollar Edwards Ellis Evans Ezzard Farrar Floyd, J. H. Foster
Fraser Gignilliat

3518

JOURNAL OP THE HOUSE,

Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. P. Harrison Hawes Hays Hill, G.
Horton, G. T. Howard Howell 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)

Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mullinax Murphy Nessmith Nix Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Pinkston Rainey Reaves

Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Smith, J. R. Snow Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.

Blackshear Davis, E. T. Duke Egan Elliott Floyd, L. R. Geisinger Harris, J. R.

Horton, W. L. Irvin, R. King Larsen, W. W. Lee, W. S. Levitas Mulherin Noble

Petro Russell, W. D. Savage Smith, V. B. Stephens Wall Wilson, J. M.

Those not voting were Messrs.:

Beckham Bennett Brown, B. D. Clark Collins, S. Dixon

Dorminy Hill, B. L. Hudson Logan McKinney Odom

Phillips, L. L. Shepherd Strickland Sweat Townsend Mr. Speaker

On the motion, the ayes were 139, nays 23.

FRIDAY, MARCH 16, 1973

3519

The motion prevailed and the report of the Committee on Conference was adopted.

Mr. Beckham of the 82nd stated that he had been called from the floor of the House when the roll call was ordered on the motion to adopt the report of the Conference Committee on HB 141, but had he been present would have voted "nay".

Mr. Odom of the 114th stated that he had been called from the floor of the House when the roll call was ordered on the motion to adopt the report of the Conference Committee on HB 141, but had he been present would have voted "aye".

The following Resolution of the House was read and adopted:
HR 417. By Messrs. Smith of the 91st and Busbee of the 114th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA that the General Assembly do hereby adjourn sine die on Friday, March 16, 1973 at 5:00 o'clock p.m.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:
HB 1191. By Mr. Brantley of the 92nd: A Bill to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, so as to increase the number of deputy sheriffs.
HB 871. By Messrs. McDonald of the 12th and Brantley of the 22nd: A Bill to amend the "Revenue Tax Act to Legalize and Control Alco holic 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.

3520

JOURNAL OP THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1191. By Mr. Brantley of the 92nd:
A Bill to be entitled an Act to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, so as to increase the number of deputy sheriffs; and for other purposes.

The following Senate amendment was read:
Senator Zipperer of the 3rd moves to amend HB 1191 as follows:
By adding in the language quoted as Section 2 of said Act, which is contained in Section 1 of said bill, a new paragraph to read as follows:
"All deputies employed by the sheriff under the provisions of this Act shall be approved by the governing authority of Bryan County."

Mr. Brantley of the 92nd moved that the House agree to the Senate amend ment to HB 1191.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 1191 was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to the House amendment thereto:

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, as amended, so as to provide for discovery and inspection in criminal cases; to provide for orders; to provide for the inspection, copying and photographing of relevant results of reports of physical or mental examinations and of scientific tests or experiments made in connection with the case, or copies thereof, within the possession, custody or control of the State's prosecuting attorney; to provide for exceptions; to permit the inspection, copying and photographing of scien tific or medical reports, books, papers, documents, tangible objects, or copies or portions thereof, which the defendant intends to produce at the trial and which are within his possession, custody or control, upon a showing of materiality to the preparation of the defendant's case and

FRIDAY, MARCH 16, 1973

3521

that the request is reasonable; to provide for continuing duties; to pro vide that the court may order witnesses in criminal cases to submit to certain oral examinations by the defendant or his attorneys; to provide for depositions; to provide for practice and procedure of taking such de positions ; to provide for the submission or use of such depositions in the trial of criminal cases; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

Mr. Snow of the 1st moved that the House insist upon its position in amend ing SB 32.

The motion prevailed and the House insisted upon its position.

The following Bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:

HB 89. 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 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.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Title 34 of the Code of Georgia, re lating to elections, as amended, so as to provide for a presidential pref erence primary; to provide certain procedures relative to the selection of delegates and alternates to national nominating conventions of polit ical parties and bodies; to provide the procedures relative to the way certain delegates and alternates shall vote at such conventions; to pro vide 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. Title 34 of the Code of Georgia, relating to elections, as amended, is hereby 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:

3522

JOURNAL OF THE HOUSE,

"CHAPTER 34-10A. PRESIDENTIAL PREFERENCE PRIMARY

34-1001A. This Chapter shall be known 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 presidential election more than 20% of the total vote cast for President and Vice President in the State shall elect on the third Tuesday in March in 1976, and on the third Tuesday in March every four (4) years thereafter, one person to be the candidate for nomination by his party or body for the office of President of the United States.

34-1003A. The name of any candidate for a political 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 Majority Leader 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 January of the year in which a presidential preference primary is held, shall prepare and publish a list of names of potential presi dential 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 con duct a presidential preference primary in this State. The Secretary of State shall submit such list of names of potential presidential candidates to the selection committee during the third week in Janu ary of the year a presidential preference primary is held. The selec tion committee shall meet in Atlanta during the fourth week in January of the year in which 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 Febru ary 1 of the year a presidential preference primary is held. Not later than February 5 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 February 10 of each year a presidential pref erence primary is held, that his name be placed on the ballot.

FRIDAY, MARCH 16, 1973

3523

Not earlier than February 10, nor later than February 15, the Secretary of State shall convene the committee to consider such re quests. If any member of the selection committee of the same po litical party or body as the candidate requests that such candidate's name be placed on the ballot, the committee shall direct the Secre tary of State to place the candidate's name on the ballot. Within five (5) days after such meeting, the Secretary of State will notify the potential presidential candidate whether or not his name will appear on the ballot.

34-1004A. A candidate's name shall be printed on the appro priate primary ballot unless he submits to the Secretary of State by noon, February 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 con vention of his political party or body. If a candidate withdraws pur suant to this Section, the Secretary of State shall notify the State Executive Committee of the political party or body of such candi date 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 presi dential preference primary, shall establish procedures to be followed in the selection of delegates and delegate alternates to the nominat ing convention of the political party or body.

34-1006A. Any person selected as a delegate or delegate alter nate 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 support. 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 na tional 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 nominating conven tions are selected as well as adopt any other rules not inconsistent with this Chapter. A copy of any rule or regulation adopted by the

3524

JOURNAL OF THE HOUSE,

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 Stateat-large and from each congressional district. At least sixty-six and two-thirds percent (66%%) of all delegates shall be elected on a con gressional district basis, with each congressional district having proportionately the same number of delegates as shall be mathe matically 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. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Howell of the 118th moved that the House disagree to the Senate substitute to HB 89.

The motion prevailed and the Senate substitute to HB 89 was disagreed to.

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.

The following Senate amendment was read:

The Committee on Natural Resources moves to amend House Bill No. 1008 as follows:
By deleting the following words from Section 1, Page 3, Lines 16 through 21, which read as follows:
"or if the holder violates any provision of this Chapter or any rule or regulation promulgated pursuant to hereto; or if modifica tion of the rules and regulations promulgated pursuant to this Chapter require modification or revocation of the permit."

FRIDAY, MARCH 16, 1973

3625

and by deleting the semi-colon and adding a period after the word "conditions" in Section 1, Page 3, Line 16.

Mr. Burruss of the 21st moved that the House agree to the Senate amend ment to HB 1008.

On the motion, the ayes were 143, nays 0.

The motion prevailed and the Senate amendment to HB 1008 was agreed to.

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 sewerage, industrial wastes or other wastes into the waters the State may be revoked; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", approved March 11, 1964 (Ga. Laws 1964, p. 416), as amended, 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; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Georgia Water Quality Control Act", approved March 11, 1964 (Ga. Laws 1964, p. 416), as amended, is hereby amended by striking the last two sentences of subsection (3) of Section 10, which read as follows:
"The Board may revoke or modify any permit if the holder of the permit is found to be in violation of subsection 2, or if the holder of the permit fails to operate an existing facility as specified in the approved plan. No permit may be revoked or modified with out first giving thirty days' written notice to the holder of the permit.",
in their entirety and by substituting in lieu thereof the following:
"The Division of Environmental Protection of the Department of Natural Resources may revoke or modify any permit for cause, including but not limited to the following:

3526

JOURNAL OF THE HOUSE,

(a) violation of any condition of the permit;

(b) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts;

(c) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.

In the event of modification or revocation of a permit, the Director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action."

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. Burruss of the 21st moved that the House agree to the Senate substitute to HB 1009.

On the motion, the ayes were 147, nays 0.

The motion prevailed and the Senate substitute to HB 1009 was agreed to.

HB 1018. By Messrs. Dollar of the 63rd, Kreeger of the 21st, Noble of the 48th and others:
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.

The following Senate amendment was read:
Senator Kidd of the 25th District moves to amend House Bill No. 1018 as follows:
By deleting from Section 2, Lines 22 and 23 of Page 2 of the Bill which read as follows:
"committee shall be selected by the entire Board, provided, however, that all members so selected shall"
and inserting the following in lieu thereof:

FRIDAY, MARCH 16, 1973

3527

"committee shall be members of the Board of Natural Resources and shall be selected by said Board, provided, however, that all members so selected for a particular review shall".

Mr. Burruss of the 21st moved that the House agree to the Senate amend ment to HB 1018.

On the motion, the ayes were 153, nays 0.

The motion prevailed and the Senate amendment to HB 1018 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 377. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Code Chapter 91-1A of the Code, known as the "State Properties Control Code", so as to change the name of the Code codified as Code Chapter 91-1 A; and for other pur poses.

The following amendments were read and adopted:

Messrs. Smith of the 91st and Murphy of the 18th move to amend SB 377 as follows:
By striking from line 13 of page 7 the word "nine" and substituting in lieu thereof the word "seven".

Mr. Murphy of the 18th moves to amend SB 377 by adding at the end of subsection a of Section 91-1043 the following:
"The term of office of the elected members of the commission is continued until their successor is duly elected."
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 147, nays 0.

3528

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, as amended.

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 not legitimate need to be thereon; and for other purposes.

The following amendment was read and adopted:
Mr. Egan of the 25th moved to amend SB 232 by inserting the words "or private" after the word "public" wherever it appears in said bill.

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 146, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 394. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act providing for municipal home rule, so as to authorize the legislative bodies of municipal corporations of this State to fix the compensation of its members; and for other purposes.

The following amendment was read and adopted:
Mr. Egan of the 25th moves to amend SB 394 by adding at the end of line 26, page 3, the following:
"Provided that no action to increase compensation shall be taken until notice of intent to do so shall be published in a newspaper of general circulation in such municipality at least once a week for three consecutive weeks immediately preceding the week in which such action is taken."

FRIDAY, MARCH 16, 1973

3529

The following amendment was read:

Mr. Levitas of the 50th moves to amend SB 394 as follows:
By deleting the period on line 26 of page 3 and inserting in lieu thereof the following:
"; provided however, that no action altering the salary of a member of a municipal governing body and/or legislative body shall become effective until the expiration of the term of office which such member is serving at the time such action is taken."

The following amendment to the Levitas amendment was read and adopted:
Mr. Davis of the 85th moves to amend the Levitas amendment to SB 394 by inserting the word "municipal" between the words "or" and "legislative".

On the adoption of the Levitas amendment, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, J. H. Alien Bailey Beckham Bennett Bostick Burton Carrell Cole Coleman
Collins, S.
Davis, W.
Dean, Gib
Dollar
Duke
Egan
Ellis
Ezzard
Farrar
Floyd, L. R.
Foster
Fraser
Geisinger

Gignilliat Greer Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Hill, G. Horton, W. L. Howell
Hutchinson
Irwin, J. R.
Johnson
Jones
Jordan
King
Knight
Kreeger
Larsen, G. K,
Larsen, W. W.
Lee, W. J. (Bill)
Levitas

Lewis Logan Marcus Mason Matthews, C. McDaniell Morgan Nix Noble Oxford
Patten, G. C.
Savage
Shepherd
Snow
Turner
Vaughn
Walker
Wall
Wamble
Wheeler, Bobby
Willis
Wilson, J. M.

3530

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Atherton Berry Blackshear Bohannon Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Buck
Busbee
Carlisle
Castleberry
Chance
Clark
Colwell
Connell
Davis, E. T.
Dean, J. E.
Dean, N.
Dent
Dickey

Dixon Edwards Grahl Grantham Harden Harrington Hudson Irvin, J. Jessup Keyton Lambert Lane, W. J.
Lee, W. S.
Lowrey
Mauldin
McCracken
McKinney
Miles
Milford
Mulherin
Mullinax
Nessmith
Northcutt
Odom

Patterson Pearce Peters Phillips, G. S. Rainey Roach Rogers Rush Sams Smith, J. R. Strickland Sweat
Thomason
Toles
Triplett
Tucker
Twiggs
Ware
Wheeler, J. A.
Whitmire
Williams
Wilson, M. L.
Wood

Those not voting were Messrs. :

Adams, G. D. Alexander, W. M. Berlin Bond Bray Brown, B. D. Burruss Carr Collins, M. Coney Daugherty Dorminy Elliott Evans

Ployd, J. H. Groover Hamilton Hawes Horton, G. T. Howard Irvin, R. Lane, Dick Matthews, D. R. McDonald Moyer Murphy Patten, R. L. Petro

Phillips, L. L. Pinkston Reaves Ritchie Ross Russell, J. Russell, W. D. Shanahan Smith, V. B. Stephens Thompson Townsend Waddle Mr. Speaker

On the adoption of the amendment, as amended, the ayes were 67, nays 71.

The amendment, as amended, was lost.

FRIDAY, MARCH 16, 1973

3531

The following amendment was read and adopted:

Mr. Oxford of the 101st moves to amend SB 394 by adding a new section to be numbered 5A and to read as follows:

"Provided, however, this Act shall not apply to any municipal corporation already having authority to set the salaries of its officers on the effective date hereof."

Mr. Egan of the 25th moved that the House reconsider its action in failing to adopt the Levitas amendment, as amended.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, J. H. Alien Atherton Bailey Beckham Berlin Bostick Burruss Burton Clark Cole Collins, S. Davis, E. T. Davis, W. Dickey Dollar Duke Egan Elliott Ellis 'Farrar Floyd, L. R. Foster

Fraser Geisinger Gignilliat Harris, J. R. Harrison Hays Horton, W. L. Howard Howell Hudson Hutchinson Irwin, J. R. Jessup Jones Jordan King Kreeger Lambert Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Berry Blackshear Bohannon Bond Brantley, H. L.

Brown, C. Brown, S. P. Busbee Carlisle Castleberry Chance Coleman

Lewis Logan McDaniell McKinney Morgan Nix Noble Oxford Patten, G. C. Petro Pinkston Rainey Reaves Ritchie Russell, J. Smith, V. B. Snow Turner Vaughn Walker Wall Wamble Wilson, J. M.
Colwell Connell Dean, Gib Dean, N. Dent Edwards Grahl

3532
Grantham Harden Harrington Harris, J. P. Irvin, J. Johnson Keyton Lane, W. J. Lowrey Mauldin McCracken Miles

JOURNAL OF THE HOUSE,

Milford Mullinax Nessmith Northcutt Patterson Pearce Peters Phillips, G. S. Roach Rogers Rush Sams

Smith, J. R. Thomason Thompson Toles Triplett Tucker Twiggs Wheeler, Bobby Whitmire Williams Wilson, M. L. Wood

Those not voting were Messrs. :

Adams, G. D. Alexander, W. H. Alexander, W. M. Bennett Brantley, H. H. Bray Brown, B. D. Buck Carr Carrell Collins, M. Coney Daugherty Dean, J. E. Dixon Dorminy Evans Ezzard

Floyd, J. H. Greer Groover Hamilton Hawes Hill, B. L. Hill, G. Horton, G. T. Irvin, R. Knight Lane, Dick Marcus Mason Matthews, C. Matthews, D. R. McDonald Moyer Mulherin

Murphy Odom Patten, R. L. Phillips, L. L. Ross Russell, W. D. Savage Shanahan Shepherd Stephens Strickland Sweat Townsend Waddle Ware Wheeler, J. A. Willis Mr. Speaker

On the motion, the ayes were 69, nays 57.

The motion prevailed, and the House reconsidered its action in failing to adopt the Levitas amendment, as amended.

Mr. Egan of the 25th moved that the House adopt the Levitas amendment, as amended.

On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, MARCH 16, 1973

3533

Those voting in the affirmative were Messrs.

Alien Atherton Bailey Beckham Berlin Blackshear Bond Bostick Brantley, H. H. Brown, S. P. Burruss Burton Carrell Clark
Cole
Coleman Collins, S. Davis, E. T. Davis, W. Dean, Gib Dickey Dixon Dollar Duke

Egan Elliott Ellis Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Harris, J. F. Harris, J. R. Harrison Hays Hill, G. Horton, W. L. Howard Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Kreeger Lambert

Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Le vitas Lewis McDaniell McDonald McKinney Morgan Nix Noble Oxford Patten, G. C. Petro Reaves Shepherd Snow Turner Vaughn Walker Wall Willis Wilson, J. M.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, J. H. Adams, John Berry Bohannon Brantley, H. L. Brown, C. Busbee Carlisle Carr Castleberry Chance Colwell Connell Dean, N. Edwards Grahl Grantham Harden Harrington

Hudson Hutchinson Irvin, J. Keyton King Lane, W. J. Lee, W. S. Logan Lowrey Mauldin McCracken Milford Mullinax Nessmith Northcutt Patterson Pearce Peters Phillips, G. S. Rainey

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Alexander, W. M.

Bennett Bray Brown, B. D.

Ritchie Roach Rogers Ross Rush Russell, J. Shanahan Smith, J. R. Thomason Thompson Toles Triplett Tucker Twiggs Wheeler, Bobby Whitmire Williams Wilson, M. L. Wood
Buck Collins, M. Coney

3534
Daugherty Dean, J. E. Dent Dorminy Evans Ezzard Floyd, J. H. Greer Groover Hamilton Hawes Hill, B. L. Horton, G. T. Howell

JOURNAL OF THE HOUSE,

Knight Lane, Dick Marcus Mason Matthews, C. Matthews, D. R. Miles Moyer Mulherin Murphy Odom
Patten, R. L. Phillips, L. L. Pinkston

Russell, W. D. Sams Savage Smith, V. B. Stephens Strickland Sweat Townsend Waddle Wamble Ware
Wheeler, J. A. Mr. Speaker

On the motion, the ayes were 71, nays 59.

The Levitas amendment, as amended, 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, J. H. Adams, Marvin Alexander, W. H. Alien Atherton Bailey Beckham Berlin Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, S. P. " Burton Carr Carrell Chance Clark

Coleman Collins, M. Colwell Daugherty Davis, W. Dean, Gib Dean, N. Dickey Dollar Egan Elliott Ellis Farrar Floyd, L. R. Fraser Geisinger Gignilliat Grantham Hamilton Harrington Harris, J. B.

Harrison Hays Horton, W. L. Howard Howell Hudson Hutchinson Irwin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S.

Levitas Lewis Logan Mauldin McKinney Milford Morgan Mulherin Nessmith
Nix Noble Northcutt

FRIDAY, MARCH 16, 1973

3535

Oxford Patten, G. C. Petro Ritchie Rush Russell, J. Sams Savage Shepherd Snow Stephens Townsend

Triplett Tucker Twiggs Vaughn Walker Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.

Adams, John
Berry Bohannon Brown, C. Carlisle Castleberry Cole Collins, S. Connell Davis, E. T. Dixon Duke Edwards

Foster Grahl Harden Harris, J. F. Keyton King Kreeger Lowrey McCracken McDaniell Patterson Pearce

Peters Phillips, G. S. Rainey Reaves Roach Rogers Ross Shanahan Thomason Toles Turner Wall

Those not voting were Messrs.:

Alexander, W. M. Bennett Bray Buck Burruss Busbee Coney Dean, J. E. Dent Dorminy Evans Ezzard Floyd, J. H.
Greer Groover

Hawes Hill, B. L. Hill, G. Horton, G. T. Knight Marcus Mason Matthews, C. Matthews, D. R. McDonald Miles Moyer Mullinax Murphy Odom

Patten, R. L. Phillips, L. L. Pinkston Russell, W. D. Smith, J. R. Smith, V. B. Strickland Sweat Thompson Waddle Wamble Ware Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 99, nays 37.

The Bill, having received the requisite constitutional majority, was passed, as amended.

3536

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the failure of the Committee of Conference appointed thereon to make a report within five days:

HB 278. By Mr. Murphy of the 18th:
A Bill to be entitled an Act to amend the Minimum Foundation Pro gram 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; and for other purposes.

Mr. Farrar of the 52nd moved that the Committee of Conference appointed on HB 278 be dissolved.

The motion prevailed and the Committee of Conference appointed on HB 278 was dissolved.

Mr. Farrar of the 52nd moved that the House reconsider its action adopting the House amendment to the Senate amendment to HB 278.

The motion prevailed and the House reconsidered its action in adopting the House amendment to the Senate amendment to HB 278.

The following Senate amendment was read:
The Senate moves to amend HB 278 by striking from the last sen tence of Section 1 the words:
"and shall state the reasons why the teacher is not being rehired";
and,
By putting a period after the word "writing" on page 1, line 26.

Mr. Farrar of the 52nd moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 136, nays 0.

The Senate amendment to HB 278 was agreed to.

FRIDAY, MARCH 16, 1973

3537

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 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 word "agency"; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Records Act", approved April 7, 1972 (Ga. Laws 1972, p. 1267), so as to include authorities in the definition of the term "agency"; to provide a definition of the term "vital records"; to limit access to personal files; to allow courts to adopt the provisions of this Act as a basis for the conduct of a records management program; to prohibit the destruction or alienation of court records except in accordance with this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMLY OF GEOR GIA:
Section 1. An Act known as the "Georgia Records Act", approved April 7, 1972 (Ga. Laws 1972, p. 1267), is hereby amended by striking Section 2(c) in its entirety and substituting in lieu thereof a new Sec tion 2(c) to read as follows:
"(c) 'Agency' means any State office, department, division, board, bureau, commission, authority or other separate unit of State government created or established by law."
Section 2. Said Act is further amended by adding at the end of Sec tion 2, a new subsection, to be designated subsection (f), to read as follows:
"(f) 'Vital Records' means any record vital to the resumption or continuation of operations, or both, to the re-creation of the legal and financial status of government in the State, or to the protec tion and fulfillment of obligations to citizens of the State."
Section 3. Said Act is further amended by adding at the end of Section 10(a), the following:
"Access to personal files of Constitutional officers shall be at the discretion of the office holder.",

3538

JOURNAL OF THE HOUSE,

so that when so amended, Section 10(a) shall read as follows:

"(a) Title to any record transferred to the Georgia State Archives as authorized by this Act shall be vested in the Depart ment. Access to personal files of Constitutional officers shall be at the discretion of the office holder."

Section 4. Said Act is further amended by striking Section 11 in its entirety and substituting in lieu thereof, the following:

"Section 11. Local governments are hereby authorized by ap propriate resolution or ordinance of the governing authority to adopt and utilize the State rules and regulations as a basis for establishing a records management program. Any court in this State is hereby authorized to adopt and utilize the State rules and regula tions as a basis for the conduct of a records management program. No records in the custody of any court in this State shall be aliened or destroyed except in accordance with the provisions of this Act."

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:
Mr. Snow of the 1st moves to amend the Committee substitute to SB 21 by striking on line 13, page 2, the word "officer" and inserting in lieu thereof the word "office".

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, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey

Beckham Berlin Berry Blackshear Bohannon Brantley, H. H. Brantley, H. L. Brown, C.

Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry

Chance Clark Cole Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dickey Dixon Dorminy Duke Edwards Egan Elliott Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Horton, G. T. Horton, W. L. Howard Hudson Hutchinson

FRIDAY, MARCH 16, 1973

3539

Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones Keyton King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Milford Morgan Moyer Mulherin Mullinax Nesmith Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters

Petro Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles 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.

Collins, S.

Dixon

Sams

Those not voting were Messrs.:

Adams, J. H. Bennett Bond Bostick Bray
Brown, B. D. Buck Coleman

Dean, N. Dent Dollar Ellis
Evans Ezzard Floyd, J. H. Grahl

Greer Groover Hawes Hill, B. L.
Hill, G. Howell
Jessup Jordan

3540
Lane, W. J. Larsen, W. W. Levitas Marcus McCracken McDaniell

JOURNAL OF THE HOUSE,

Miles Murphy Nix Phillips, G. S. Phillips, L. L.
Russell, W. D.

Savage Strickland Townsend Ware Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 137, nays 3.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 331. By Senator McDuffie of the 19th:
A Bill to be entitled an Act to amend Code Section 49-604 so as to pro vide that persons requiring a guardian shall have a physician's certifi cate attached to the application; and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 150, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 39. By Senator Overby of the 49th:
A Bill to be entitled an Act to amend an Act modernizing trial pro cedures in civil cases, so as to provide that if both the plaintiff and the defendant agree, execution may issue and enforcement proceedings may be taken at any time after entry; and for other purposes.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 152, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 16, 1973

3541

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

HB 629. By Messrs. Snow of the 1st, Cole of the 6th and others:
A Bill to be entitled an Act to amend an Act so as to change the cor porate limits of the Town of Ft. Oglethorpe; and for other purposes.

The following Senate amendment was read:
Senator Fincher of the 54th moves to amend HB 629 as follows:
By striking from the title beginning in line 3 of page 1, the fol lowing :
"change the corporate limits of said town; to".
By striking Section 1 in its entirety beginning on line 11 of page 1.
By renumbering Section 2, Section 3, Section 4, Section 5, Section 6, Section 7 and Section 8 as Section 1, Section 2, Section 3, Section 4, Section 5, Section 6, and Section 7, respectively.

Mr. Snow of the 1st moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 105, nays 0.

The Senate amendment to HB 629 was agreed to.

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 dis play within motion picture theatres certain scenes to certain audiences; and for other purposes.

The following Senate substitute was read:
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; to provide for exceptions; to provide for penalties; to provide for severability; to repeal conflicting laws; and for other purposes.

3542

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. It shall be unlawful for any motion picture theatre owner, operator or projectionist to display to the audience within the theatre scenes from a film to be shown at the theatre at some future time, when the viewing of that film from which the scenes are taken is restricted to adults or requires minors to be accompanied by a parent or guardian. Scenes of such restricted films may be shown within a theatre if the audience has been similarly restricted as to viewing age and conditions.

Section 2. This Act shall not apply to motion pictures which are
not rated as to viewing audience nor to the first display of a preview trailer from any motion picture.

Section 3. Any person violating Section 1 of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

Section 4. 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 un constitutional.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Keyton of the 121st moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 151, nays 0.

The Senate substitute to HB 191 was agreed to.

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 in certain cities under certain circumstances; and for other purposes.

The following Senate amendment was read:
Senator Stephens of the 36th moves to amend House Bill No. 176 as follows:

FRIDAY, MARCH 16, 1973

3543

By inserting in the title immediately following the word and semi colon "expired;" in line 25 on page 2, the following:,

"to provide for full pension benefits for certain employees whose positions are abolished;".

By renumbering Sections 5 and 6 as Sections 6 and 7, respectively.

By adding a new Section 5, to read as follows:

"Section 5. Any employee of any city in this State having a population of 300,000 or more according to the United States decen nial census of 1970 or any future such census, whose position is abolished, shall be entitled to full pension benefits without penalty for age; provided said employee has at least twenty-five years of city service and has been in the position being abolished for at least five years prior thereof; and provided further that said employee shall be entitled to the aforementioned benefits in the event said city shall not provide him with like employment at a like salary."

Mr. Hawes of the 43rd moved that the House disagree to the Senate amendment.

The motion prevailed and the House disagreed to the Senate amendment to HB 176.

HB 302. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing pensions to members of paid fire departments in certain cities so as to provide in creased benefits; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 302 as follows:
Subsection C of Section 1 of said Bill is hereby stricken and deleted in its entirety, and a new Subsection C substituted in lieu thereof, which shall read as follows:
"C. No recomputation provided for under this Act shall be made, if the result thereof would be to reduce pension payments al ready being received by any former officer or employee."

Mr. Hawes of the 43rd moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 105, nays 0.

3544

JOURNAL OP THE HOUSE,

The Senate amendment to HB 302 was agreed to.

HB 303. By Mr. Greer of the 43rd:
A Bill to be entitled an Act to amend an Act providing for pensions for members of police departments in certain cities so as to provide in creased benefits; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 303 as follows:
Subsection C of Section 1 of said Bill is hereby stricken and deleted in its entirety, and a new Subsection C substituted in lieu thereof, which shall read as follows:
"C. No recomputation provided for under this Act shall be made, if the result thereof would be to reduce pension payments already being received by any former officer or employee."

Mr. Hawes of the 43rd moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 105, nays 0.
The Senate amendment to HB 303 was agreed to.
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 for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 304 as follows:
Subsection C of Section 1 of said Bill is hereby stricken and deleted in its entirety, and a new Subsection C substituted in lieu thereof, which shall read as follows:
"C. No recomputation provided for under this Act shall be made, if the result thereof would be to reduce pension payments already being received by any former officer or employee."

FRIDAY, MARCH 16, 1973

3545

Mr. Hawes of the 43rd moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 105, nays 0.

The Senate amendment to HB 304 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 House, to-wit:

HB 801. By Mr. Miles of the 79th:
A Bill 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 Ga. and that both shall be taxed in the same manner as other private domestic corporations organized for profit.

The Senate insists on its substitute to the following Bill of the House, to-wit:
HB 933. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and others:
A Bill to amend Code section 40-1801, relating to the creation of the Department of Audits and Accounts and the Office of State Auditor, so as to provide that the Department of Audits and Accounts and the Office of State Auditor shall be a part of the Legislative Branch of Government.

The Senate insists on its substitute to the following Bill of the House, to-wit:

HB 89. By Messrs. Howell of the 118th, Bray of the 66th, Keyton of the 121st, and others:
A Bill 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.

The Senate insists on its amendment to the following Bill of the House, to-wit:

3546

JOURNAL OF THE HOUSE,

HB 176. By Mr. Greer of the 43rd:
A Bill 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.

The Senate has agreed to the House amendment by Mr. Egan and disagreed to amendments by Mr. Levitas and by Mr. Oxford to the following Bill of the Senate, to-wit:

SB 394. By Senator Kennedy of the 4th:
A Bill to amend an Act providing for municipal home rule, as amended, so as to authorize the legislative bodies of municipal corporations of this State to fix the compensation of its members.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 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, to provide that no motor vehicle shall be registered unless certain conditions shall have been met; and for other purposes.

Mr. Groover of the 75th moved that SB 12 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. M. Atherton Bailey Bennett Berry Blackshear Bohannon Bostick Brantley, H. L. Buck Castleberry

Chance Clark Coleman Collins, M. Collins, S. Davis, E. T. Dean, Gib Dean, J. E. Dent Dixon Dollar Dorminy Edwards

Egan Farrar Geisinger Greer Groover Harris, J. R. Harrison Howard Howell Hudson Irvin, R. Jessup King

FRIDAY, MARCH 16, 1973

3547

Knight Lambert Larsen, W. W. Lee, W. J. (Bill) Matthews, C. McKinney Miles Moyer Mulherin Nessmith

Noble Patten, G. C. Patterson Pearce Phillips, G. S. Rush Russell, W. D. Sams Shanahan Smith, J. R.

Smith, V. B. Stephens Thompson Triplett Vaughn Waddle Walker Ware Willis

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Alexander, W. H. Alien Beckham Berlin Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burton Busbee Carlisle Carr Carrell Cole Colwell Coney Connell Daugherty Davis, W. Dean, N. Dickey Elliott Evans Floyd, L. R. Foster Fraser Gignilliat Grahl

Grantham Hamilton Harden Harrington Hawes Hays Hill, B. L. Hill, G. Horton, W. L. Hutchinson Irvin, J. Irwin, J. R. Johnson Jones Jordan Keyton Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S. Le vitas Lewis Logan Lowrey Marcus Mason Matthews, D. R. Mauldin McDaniell McDonald Milford

Morgan Mullinax Northcutt Odom Oxford Patten, R. L. Peters Petro Pinkston Rainey Reaves Ritchie Roach Rogers Ross Russell, J. Shepherd Snow Sweat Toles Townsend Tucker Turner Twiggs Wall Wamble Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood

Those not voting were Messrs.:

Burruss Duke Ellis Ezzard Floyd, J. H. Harris, J. F.

Hays Horton, G. T. McCracken Murphy Nix Phillips, L. L.

Savage Strickland Thomason Wheeler, Bobby Wheeler, J. A. Mr. Speaker

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JOURNAL OF THE HOUSE,

On the motion, the ayes were 68, nays 96.

The motion to table SB 12 was lost.

The following amendment was read and adopted:
Mr. Cole of the 6th moves to amend SB 12 by striking on page 5, line 25, "State Revenue Commissioner" and on line 31, page 5 and page 6 and lines 6 and 7, page 6, like works and inserting the words:
"Commissioner of Public Safety".

An amendment, offered by Mr. Smith of the 74th, was read and lost.

The following amendment was read and adopted:
Mr. Greer of the 43rd moves to amend SB 12 in subsection 2 (f) on page 6, at line 15, following the word "operate", add the following:
"or to permit to be operated,".

The following amendment was read:
Mr. Greer of the 43rd moves to amend SB 12 on page 7, following Section 3, by adding a new section 4 as follows:
Section 4. This Act shall become effective for license plates or decals issued on or after April 1, 1974."
And by renumbering Section 4 as Section 5.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bennett

Berlin 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. Collins, S. Colwell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dollar Dorminy Duke Edwards Egan Evans Farrar Floyd, L. R. Foster Fraser Geisinger Grantham
Greer
Groover
Harden
Harrington
Harris, J. R.
Harrison
Hawes

FRIDAY, MARCH 16, 1973

3549

Hays Hill, G. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jordan Keyton King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Levitas Logan Mason Matthews, C. Mauldin McDaniell McDonald Miles Morgan Moyer
Mulherin
Nessmith
Nix
Northcutt
Odom
Oxford

Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, G. S. Ritchie Rogers Ross Rush Russell, J. Russell, W. D. Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson 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. :

Adams, John Alien Bailey Beckham Brown, C. Coney Daugherty Dean, N. Dickey Gignilliat Grahl

Harris, J. F. Howard Jones Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Lowrey Matthews, D. R. Milford

Mullinax Peters Pinkston Rainey Roach Sams Toles Townsend Walker Wilson, M. L.

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Those not voting were Messrs.:

Connell Elliott Ellis Ezzard Floyd, J. H. Hamilton Hill, B. L.

Larsen, W. W. Marcus McCracken McKinney Murphy Noble

Phillips, L. L. Reaves Shepherd Strickland Thomason Mr. Speaker

On the adoption of the amendment, the ayes were 130, nays 31.

The amendment was adopted.

Two amendments, offered by Mr. Greer of the 43rd, were read and withdrawn by unanimous consent.

The following amendment was read and adopted:
Mr. Greer of the 43rd moves to amend SB 12 on page 7, following line 7, by adding a new subsection 2(d) (3) as follows:
"(3) The proof of security required in this subsection shall be in a form approved by the Commissioner of the Department of Pub lic Safety.".

An amendment, offered by Mr. Castleberry of the 96th, was read and ruled out of order by the Speaker.

The following floor substitute, offered by Mr. Jordan of the 58th, was read:
A BILL
To be entitled an Act to provide for motor vehicle accident repara tions; to provide for a short title; to provide for definitions; to provide that the owner of a motor vehicle required to be registered in this State shall provide and continuously maintain throughout the registration period security in accordance with this Act for payment of basic nofault benefits for economic loss and liabilities; to provide that the owner of a motor vehicle required to be registered in this State shall certify that he has and will maintain security during the period of registration; to provide for forms; to provide that the owner of a motor vehicle not required to be registered in this State shall maintain security in effect continuously throughout the period of its operation, maintenance or use as a motor vehicle within this State; to provide for the methods through which security required by this Act may be provided; to provide for

FRIDAY, MARCH 16, 1973

3551

self-insurance and the practices, procedures and requirements in con nection with self-insurance; to provide for the administration of claims, benefits and obligations; to provide for evidence that reliable financial arrangements, deposits or commitments exist providing assurance for payment of basic no-fault benefits and certain covered liabilities; to provide for the revocation or suspension of certain operators' licenses and motor vehicle registrations; to provide for the practices and pro cedures in connection therewith; to provide that an owner of a motor vehicle with respect to which security is required who fails to have such security in effect at the time of an accident shall be personally liable at law for payment of basic no-fault benefits, and shall have all the rights and obligations of an insurer under this Act; to provide that certain motor vehicle liability policies and policies of insurance shall be deemed to include all coverages required by this Act; to provide that certain benefits may be excess over any benefits required by this Act; to provide that certain insurance policies shall conform to and be subject to the provisions of certain laws; to provide that insurance companies authorized to transact the business of motor vehicle liability insurance in this State shall file certain forms; to provide for optional excess no-fault benefits; to provide for terms, conditions and exclusions in connection with optional excess no-fault coverage; to provide for waiting periods, deductibles and coinsurance provisions; to provide for subrogation to certain rights of recovery of an insured; to provide that certain persons shall be entitled to bene fits; to provide that the insurer of a motor vehicle with respect to which security is required shall pay basic no-fault benefits without regard to fault for economic loss resulting from certain injuries; to provide that certain persons shall not be entitled to benefits; to provide for the payment of basic and optional excess no-fault benefits and the practices, procedures, qualifications and restrictions on such payments; to provide for the discharge of the insurer's liability under certain conditions; to provide for priority of applicable policies; to provide for collateral sources of indemnity; to provde for the basis for payment of motor vehicle liability insurance; to provide that certain secured persons shall be exempt from liability to pay damages for certain losses; to provide for the insurer's right of subrogation and the practices, procedures, qualifications and restrictions on such right; to provide for liens; to provide for the equitable allocation of losses among insurers and the practices and procedures in connection therewith; to pro vide for arbitration; to provide for the periodic payments of basic nofault benefits; to provide for penalties and interest; to provide that cer tain agreements or assignment of rights to benefits are unenforceable; to provide that certain basic no-fault benefits are exempt from garnish ment, attachment, execution or any other process or claim to certain extents; to provide for the limitation of actions; to provide for physical examinations and the costs thereof; to provide for the discovery of cer tain facts about an injured person; to provide that certain courts may enter an order for discovery; to provide for an assigned claims plan and the organization, maintenance and participation in such plan; to pro vide for practices and procedures connected with such plan; to provide for rules and regulations; to provide for property damage protection; to provide for tort liability exemptions; to provide for subrogation of in surers; to provide for full and basic coverages for accidental property
damage; to provide for actions of tort for property damage and the
practices, procedures, qualifications and restrictions connected therewith;
to provide for the mandatory arbitration of small claims and the prac-

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JOURNAL OP THE HOUSE,

tices and procedures connected therewith; to provide for mandatory reduction of certain insurance rates; to provide for the filing of pro posed forms, manuals, rules, rates and rating plans with the Insurance
Commissioner for approval; to provide for hearings; to provide for the issuance of orders by the Insurance Commissioner; to provide for ap peals; to provide for endorsements; to provide that nothing in this Act shall be construed as diminishing, amending or repealing any powers
vested in the Insurance Commissioner to regulate the business of insur ance; to provide that the Insurance Commissioner and the Commissioner
of the Department of Public Safety shall adopt certain rules and regu lations; to provide for other matters relative to the foregoing; to pro vide 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. Short Title. This Act shall be known and may be cited as the "Georgia Motor Vehicle Accident Reparations Act."

Section 2. Definitions. As used in this Act:

(a) "Accidental bodily injury" means bodily injury, sickness or disease, including death at any time resulting therefrom, arising out of the operation, maintenance or use of a motor vehicle which is accidental as to the person claiming basic no-fault benefits. Bodily injury is acci dental as to the claimant unless sustained intentionally by the person injured or caused intentionally by the claimant.

(b) "Basic no-fault benefits" means benefits for economic loss re
sulting from accidental bodily injury. The maximum amount of basic no-fault benefits payable for all economic loss resulting from accidental
bodily injury to any one person as the result of any one accident not to exceed five thousand ($5,000.00) dollars, regardless of the number of persons entitled to such benefits or the number of insurers obligated to pay such benefits. Basic no-fault benefits consist of one or more of the
following elements only:

(1) reasonable and necessary medical expenses and rehabilita tion expenses;

(2) work loss or survivors' loss not to exceed two hundred ($200.00) dollars per week; and

(3) funeral and burial expenses not in excess of twenty-five hundred ($2,500.00) dollars.

(c) "Basic no-fault insurer" means an insurer or a qualified selfinsurer.

(d) "Dependent survivors" of a deceased injured person include the following survivors only:

FRIDAY, MARCH 16, 1973

3553

(1) the surviving spouse; and

(2) other persons receiving support from the deceased at the time of his death which would qualify them as dependents of the deceased for federal income tax purposes under the Internal Revenue Code.

The dependency of a surviving spouse shall terminate upon remar riage. The dependency of any other person shall continue only so long as such person is under the age of eighteen (18) years or physically or mentally incapacitated from earning or engaged full time in a formal program of academic or vocational education or training.

(e) "Economic loss" means one or more of the following:

(1) medical expenses and reasonable and necessary rehabilita tion expenses; and

(2) work loss, survivors' loss, and funeral and burial expenses.

(f) "Injured person" means a person who sustains accidental bodily injury.

(g) "Medical expenses" means reasonable expenses incurred by an injured person for necessary medical, surgical, x-ray, dental or hospital and professional nursing services. Medical expenses include expenses in curred for services rendered by any person licensed to practice a healing art and any remedial treatment and care rendered in accordance with a recognized religious healing method. The words "incurred by" shall in clude medical expenses incurred on behalf of an injured person by (i) a parent or guardian if the injured person is a minor or incompetent, or (ii) a surviving spouse if the injured person be deceased, or (iii) the estate of the deceased.

(h) "Motor vehicle" means a vehicle having more than three load bearing wheels, of a kind required to be registered under the laws of this State relating to motor vehicles designed primarily for operation upon the public streets, roads and highways, and driven by power other than muscular power, and includes a trailer drawn by or attached to such a vehicle.

(i) "Noneconomic loss" means pain, suffering, inconvenience and other nonpecuniary damage recoverable under the tort law of this State.

(j) "Occupying" means to be in or upon a motor vehicle or en gaged in the immediate act of entering into or alighting from the motor vehicle.

(k) "Operation, maintenance or use of a motor vehicle" means operation, maintenance or use of a motor vehicle as a vehicle. Opera tion, maintenance or use of a motor vehicle does not include (i) conduct within the course of a business of repairing, servicing, or otherwise maintaining motor vehicles unless the conduct occurs off the business

3554

JOURNAL OF THE HOUSE,

premises, or (ii) conduct in the course of loading and unloading the ve hicle unless the conduct occurs while occupying it.

(1) "Owner" means the person in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, "owner" means the person who holds the legal title thereto, or in the event the motor vehicle is the subject of a security agreement or lease with option to purchase with the debtor or lessee having the right to possession, "owner" means the debtor or lessee.

(m) "Pedestrian" means any person not occupying a motor vehicle or not in or upon a vehicle operated on stationary rails or tracks or an aircraft.

(n) "Relative" means a person related to the owner by blood, mar riage or adoption and residing in the same household as the owner. A person resides in the same household if he usually makes his home in the same family unit, even though he temporarily lives elsewhere.

(o) "Secured motor vehicle" means a motor vehicle with respect to which the security required by this Act was in effect at the time of the accident resulting in such injury.

(p) "Secured person" means the owner, operator or occupant of the secured motor vehicle, and any other person or organization legally re sponsible for the acts or omissions of such owner, operator or occu pant.

(q) "Serious injury" means an accidental bodily injury which re sults in death, permanent disfigurement, dismemberment, permanent loss of a bodily function, permanent partial or total loss of sight or hearing, injury resulting in reasonably incurred medical expenses and lost wages exceeding five hundred ($500.00) dollars or in cases where the injured person sustains a fracture to a weight-bearing bone, a com pound, comminuted, displaced or compressed fracture, a loss of a body member, permanent injury within reasonable medical probability, or an injury resulting in disability rendering the injured person incapable of performing his principal activity and a substantial portion of his other daily activities for not less than thirty (30) days.

(r) "Survivors' loss" means loss sustained after an injured person's death by his dependent survivors during their dependency and consisting of the loss of the contributions they would have received for their sup port from the decedent out of income from work he would normally have performed had he not died and expenses reasonably incurred by his dependent survivors in obtaining ordinary and necessary services from others not members of the decedent's household in lieu of the services he would have performed for the benefit of his household.

(s) "Work loss" means 85% of (i) loss of income from work an in jured person who would normally be employed in gainful activity during the period of his disability, would have performed had he not been in jured, reduced by any income from substitute work actually performed

FRIDAY, MARCH 16, 1973

3555

by the injured person or by income the injured person would have earned in available appropriate substitute work which he was capable of performing but unreasonably failed to undertake and (ii) expenses rea sonably incurred in obtaining ordinary and necessary services from others not members of the injured person's household in lieu of those that the injured person would have performed had he not been injured, not for income but for the benefit of himself or his family. Work loss does not include any loss after the death of an injured person.

Section 3. Security Requirements, (a) The owner of a motor ve hicle required to be registered in this State shall provide and continuously maintain throughout the registration period security in accordance with this Act for payment of basic no-fault benefits for economic loss and the liabilities covered under motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this State. At the time of registration, the owner of a motor vehicle re quired to be registered in this State shall certify on an appropriate form approved by the Commissioner of the Department of Public Safety that he has and will maintain security continuously during the period of registration. The owner of a motor vehicle not required to be registered in this State shall maintain such security in effect continuously through out the period of its operation, maintenance or use as a motor vehicle within this State.

(b) The security required by this Act may be provided by a policy of insurance complying with this Act issued by an insurer authorized to transact business in this State, or, if the vehicle is registered in an other state, by a policy of insurance issued by an insurer authorized to transact business in either this State or the State in which the vehicle is registered.

(c) Subject to approval of the Commissioner of the Department of Public Safety, the security required by this Act may be provided by self-insurance by filing with the Commissioner in satisfactory form:

(1) a continuing undertaking by the owner or other appropriate person to pay basic no-fault benefits and the liabilities covered by motor vehicle liability insurance equivalent to that required as evi dence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this State, and to perform all other obligations imposed by this Act;

(2) evidence that appropriate provision exists for the prompt and efficient administration of all claims, benefits, and obligations provided by this Act; and

(3) evidence that reliable financial arrangements, deposits or commitments exist providing assurance for payment of basic nofault benefits and the liabilities covered by motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor ve hicle safety responsibility laws of this State, and all other obliga tions imposed by this Act substantially equivalent to those afforded

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JOURNAL OF THE HOUSE,

by a policy of insurance that would comply with this Act. A person who provides security under this subsection is a self-insurer, and shall have all of the rights and obligations of an insurer under this
Act.

(d) The owner of any motor vehicle required to be registered in this State who operates it or permits it to be operated in this State when he knows or should know that he has failed to comply with the requirement that he provide security under this Act shall have his oper ator's license and his motor vehicle registration revoked or suspended in accordance with procedures established therefor under the motor vehicle safety responsibility law of this State until he shall provide the security required by this Act.

(e) An owner of a motor vehicle with respect to which security is required who fails to have such security in effect at the time of an acci dent shall be personally liable at law for payment of basic no-fault bene fits, and shall have all the rights and obligations of an insurer under this Act.

(f) Any motor vehicle liability policy issued by an insurer covering motor vehicles required to be registered in this State and any policy of insurance which purports to provide coverage for basic no-fault benefits for economic loss or is sold with the representation that it fulfills the requirements of a security as required by this Act is deemed to include all coverages required by this Act. Benefits payable under such policies for automobile medical payments coverage and uninsured motorist coverage may be excess over any benefits required by this Act and available in such policies. All such policies of insurance shall conform to and be subject to the provisions of Code Sction 56-2430.1, relating to cancellations and nonrenewals, as amended.

(g) As a condition of its continued transaction of such business within this State every insurance company authorized to transact the business of motor vehicle liability insurance in this State shall file with the Insurance Commissioner a form approved by the Insurance Com missioner declaring that its motor vehicle liability policies wherever issued shall be deemed to provide the security required by this Act when the vehicle is operated in this State.

Section 4. Optional Excess No-Fault Benefits. Each basic no-fault insurer of the owner of a motor vehicle required to be registered in this State shall also make available excess no-fault benefits for economic loss, commencing upon the exhaustion of basic no-fault benefits, of fifty thousand ($50,000.00) dollars inclusive of basic no-fault benefits for accidental bodily injury to any one person in any one accident. Nothing contained herein shall prevent any insurer from also offering benefits and limits other than those prescribed, and it shall be the sole right of the applicant for optional excess no-fault benefits. Each basic no-fault insurer shall be permitted to incorporate in such optional excess no-fault coverage such terms, conditions, and exclusions as may be approved by the Insurance Commissioner consistent with the premiums charged. The amounts payable under optional excess no-fault benefits may be duplicative of benefits received from any collateral sources or may be written in excess of such collateral source benefits, or may provide for

FRIDAY, MARCH 16, 1973

3557

reasonable waiting periods, deductibles or coinsurance provisions. No no-fault insurer may subrogate for the amounts paid to the insured where the insured has no right of action under this Act.

Section 5. Persons Entitled to Benefits. The insurer of a motor vehicle with respect to which security is required shall pay basic nofault benefits without regard to fault for economic loss resulting from:

(a) accidental bodily injury sustained within the United States of America, its territories or possessions or Canada by the owner or any relative of the owner while occupying any motor vehicle, or while a pedestrian as the result of being struck by a motor vehicle;

(b) accidental bodily injury sustained by any other person while occupying the owner's motor vehicle if the accident occurs within the United States of America, its territories or possessions or Canada; and

(c) accidental bodily injury sustained by any other person as a result of being struck by the owner's motor vehicle while a pedestrian in this State.
Section 6. Persons Not Entitled to Benefits. Basic no-fault benefits shall not be payable to or on behalf of any person who sustains accidental bodily injury while:
(a) occupying a motor vehicle known by him to be stolen; or

(b) occupying a motor vehicle owned by such person which is not insured for the benefits required by this Act unless solely occasioned by the failure of the liability insurer of such owner to file a form pursuant to subsection (g) of Section 3 of this Act and to provide the basic no-fault benefits required by this Act.
Section 7. Payment of Basic and Optional Excess No-Fault Bene fits. Basic and optional excess no-fault benefits are payable at the option of the insurer (a) to the injured person; (b) if the injured person be a minor or incompetent, to his parent or guardian; (c) if the injured person be deceased, to his surviving spouse, if living together, otherwise to his heirs.

If an insurer in good faith pays such benefits, such payment shall discharge the insurer's liability to the extent of such payments unless the insurer has been notified in writing of the claim of some other person prior to the making of any such payment.

Section 8. Priority of Applicable Policies, (a) The basic no-fault insurance applicable to accidental bodily injury to which this Act applies is the insurance on the motor vehicle occupied by the injured person at the time of the accident or, if the injured person is a pedestrian, the insurance on the motor vehicle which struck such pedestrian. If the insurer providing insurance on such motor vehicle fails to make payment for economic loss within twenty (20) days after receipt of reasonable proof of the fact and the amount of loss sustained,

3558

JOURNAL OF THE HOUSE,

the injured person shall be entitled to payment under any other basic no-fault insurance applicable to the injured person, and the insurer making such payments shall be entitled to full reimbursement from the insurer of such motor vehicle.

(b) If there is no such insurance on such vehicle, any other basic no-fault insurance applicable to the injured person shall apply.

Section 9. Collateral Sources of Indemnity. A basic no-fault insurer shall have the primary obligation to indemnify for economic loss because of accidental bodily injury arising out of the operation, maintenance or use of a motor vehicle; provided, that the amount of all benefits a claimant recovers or is entitled to recover under any workmen's compensation act because of accidental bodily injury shall be subtracted from the basic no-fault benefits otherwise payable for the injury.

Section 10. Motor Vehicle Liability Insurance; Basis for Payment. Motor vehicle liability insurance applies to the amounts which the owner or insured is legally obligated to pay as damages because of accidental bodily injury and accidental property damage arising out of the ownership, maintenance, operation or use of a motor vehicle, if the accident occurs within the United States of America, its territories or possessions or Canada. Motor vehicle liability insurance shall afford limits of liability not less than those equivalent to that required under the financial responsibility laws of this State. The insurer may include within the terms and conditions applicable to motor vehicle liability insurance such provisions as it customarily applies to motor vehicle liability insurance.

Section 11. Secured Person Exemption. In any action against a secured person to recover damages because of accidental bodily injury arising out of the ownership, operation, maintenance or use of a secured motor vehicle in this State, the secured person shall be exempt from liability to pay damages for:

(a) noneconomic loss unless the injury is a serious injury as defined in subsection (g) of Section 2 of this Act;

(b) economic loss to the extent of all basic no-fault benefits paid or to become payable for such injury under this Act or which would be payable but for the deduction specified in Section 9.

Section 12. Insurer's Right of Subrogation. A basic no-fault insurer or self insurer which has paid or may become obligated to pay basic no-fault benefits under this Act shall be subrogated to the extent of its obligations to all of the rights of the injured person against any person or organization other than a secured person. The subrogee shall have a lien to the extent of its obligations, and no release of such rights shall be effective against such rights without the subrogee's consent.

Section 13. Equitable Allocation of Losses Among Insurers, (a) As a condition to maintaining its license to do business in this State, every insurer licensed to write motor vehicle liability insurance shall agree that:

FRIDAY, MARCH 16, 1973

3559

(1) Where its insured is or would be held legally liable but for the exemptions provided in Section 11 for damages for injuries sustained by any person to whom benefits accruing hereunder have been paid by another insurer, it will reimburse such other insurer for the payment of such benefits, but not in excess of the amount of damages so recoverable, and

(2) The issue of liability for such reimbursement and the amount thereof shall be determined on the basis of tort law by agreement between the insurers involved, or, if they fail to agree, by binding inter-company arbitration procedures promulgated by the Insurance Commissioner.

(b) Any evidence or decision in the arbitration proceedings shall be privileged and shall not be admissible in any action at law or in equity by any party or parties.

(c) In any case where an insurer has paid benefits accruing hereunder to a claimant injured by a person who is not covered by liability insurance provided by an insurer licensed to write automobile liability insurance in this State, the insurer paying such benefits shall be subrogated to any right of action for damages by the claimant against such person to the extent of such payments. The insurer shall pay reasonable attorney's fees for the prosecution of an action whereby the subrogation claim is wholly or partially satisfied.

Section 14. Basic No-Fault Benefits Payable Periodically. Basic no-fault benefits shall be payable monthly as loss accrues. Such benefits are overdue if not paid within thirty (30) days after the insurer receives reasonable proof of the fact and the amount of loss sustained. If reasonable proof is not supplied as to the entire claim, the amount supported by reasonable proof is overdue if not paid within thirty (30) days after such proof is received by the insurer. Any part or all of the remainder of the claim that is later supported by reasonable proof is overdue if not paid within thirty (30) days after such proof is received by the insurer. For the purpose of calculating the extent to which any benefits are overdue, payment shall be treated as made on the date a draft or other valid instrument was placed in the United States mail in a properly addressed, postpaid envelope, or, if not so posted, on the date of delivery. Basic no-fault payments may be paid by the insurer directly to persons supplying necessary products, services or accom modations to the claimant. All overdue payments shall bear simple interest at the rate of two and one-half percent (2%%) per month.

Section 15. Exemption of Benefits. An agreement for assignment of any right to benefits payable in the future is unenforceable, except medical expense to the extent the benefits are for the cost of products, services, or accommodations provided or to be provided by the assignee.

Basic no-fault benefits other than those for medical expense are exempt from garnishment, attachment, execution, and any other process or claim to the extent that wages or earnings are exempt under any applicable law exempting wages or earnings from process or claims.

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Section 16. Limitation of Actions, (a) If no basic or excess nofault benefits have been paid for loss arising other than from death, an action therefor may be commenced not later than two (2) years after the injured person suffers the loss and either knows, or in the exercise of reasonable diligence should know, that the loss was caused by the accident, or not later than four (4) years after the accident, whichever is earlier. If basic or excess no-fault benefits have been paid for loss arising other than from death, an action for recovery of further benefits, other than survivors' loss benefits, by either the same or another claimant, may be commenced not later than two (2) years after the last payment of benefits.

(b) If no basic or excess no-fault benefits have been paid to the decedent or his survivors, an action for survivors' loss benefits may be commenced not later than one (1) year after the death or four (4) years after the accident from which death results, whichever is earlier. If survivors' loss benefits have been paid to any survivor, an action for recovery of further survivors' loss benefits by either the same or another claimant, may be commenced not later than two (2) years after the last payment of benefits. If basic or excess no-fault benefits have been paid for loss suffered by an injured person before his death resulting from the injury, an action for recovery of survivors' loss benefits may be commenced not later than one (1) year after the death or four (4) years after the last payment of benefits, whichever is earlier.

(c) Except as subsections (a) or (b) prescribe a longer period, an action by a claimant on an assigned claim which has been timely pre sented may be commenced not later than one (1) year after the claimant receives written notice of rejection of the claim by the insurer to which it was assigned.

Section 16A. Evidence of Payments. In any action in which the defendant, his insurer or any other person has made a payment to, or on behalf of, any claimant prior to trial, any evidence of, or con cerning, said payment shall not be admissible in evidence or as an admission against liability in any action brought by the claimant, his survivors or personal representative, to recover damages for personal injuries, for the wrongful death of another, or for property damage or destruction.

Section 17. Physical Examinations. Whenever the physical con dition of a person is material to any claim that has been or may be made for past or future basic or excess no-fault benefits, the person shall submit to physical examination by a physician or physicians designated by the insurer at a reasonably convenient location, the cost of which shall be paid by the insurer requesting the examination. Insurers are authorized to include reasonable provisions of this nature in policies providing basic or excess no-fault benefits.

Section 18. Discovery of Facts About an Injured Person, (a) If a written request is made by an insurer against whom a claim has been made, every claimant or the claimant's employer, with the claimant's consent, shall furnish forthwith, in a form approved by the Com missioner of Insurance, a sworn statement of earnings since the time

FRIDAY, MARCH 16, 1973

3561

of the accidental bodily injury and for a twelve-month period before the injury, of the person upon whose injury the claim is based.

(b) With written consent of the claimant, if requested in writing to do so by the insurer against whom the claim has been made, every physician, coroner, medical officer, hospital, clinic or other medical institution providing any products, services or accommodations, before or after an accidental bodily injury upon which a claim for basic or excess no-fault benefits is based, in relation to the injury or in relation to a condition claimed to be connected with the injury, shall, (1) furnish forthwith a written report of the history, condition, treatment, and dates and costs of such treatment of the injured person, (2) produce forthwith and permit the inspection and copying of his or its records regarding such history, condition, treatment, and dates and costs of treatment, and (3) furnish forthwith autopsy reports.

(c) In the event of any dispute regarding an insurer's right to discovery of facts about an injured person's earnings or about history, condition, treatment, and dates and costs of such treatment, a court of record may enter an order for such discovery as justice requires.

Section 19. Assigned Claims Plan, (a) Insurers and qualified selfinsurers authorized to provide basic no-fault benefits in this State are hereby directed to organize, participate in and maintain an assigned claims plan, and upon their failure to do so the Insurance Commissioner shall establish a plan by regulation to provide that any person who suffers economic loss as a result of any accidental bodily injury arising out of the operation, maintenance or use of a motor vehicle in this State, other than those persons not entitled to benefits under Section 6 of this Act, may obtain basic no-fault benefits through said plan if:

(1) basic no-fault benefits are not applicable to the injury for some reason other than those specified in Section 6 of this Act; or

(2) basic no-fault benefits applicable to the injury are in adequate to provide the contracted-for benefits because of financial inability of an insurer to fulfill its obligations. Payments made by the assigned claims plan pursuant to this subsection shall consti tute covered claims under the Georgia Insurance Insolvency Pool Act (Ga. Laws 1970, p. 700).

(b) If a claim qualifies for assignment under this Section, the assigned claims plan or any insurer to whom the claim is assigned shall be subrogated to all of the rights of the claimant against any insurer, its successor in interest or substitute, legally obligated to pro vide basic no-fault benefits to the claimant, for basic no-fault benefits provided by the assignment.

(c) The assigned claims plan shall contain such rules and regula tions for the operation of the plan and for the equitable distribution of costs as shall be approved or promulgated by the Insurance Com missioner. Any claim brought through the plan shall be assigned to an insurer in accordance with such regulations, and that insurer, after

3562

JOURNAL OF THE HOUSE,

such assignment, shall have the rights and obligations it would have and if prior to such assignment it had issued a policy providing basic no-fault benefits applicable to the loss. Any person accepting such bene fits hereunder shall have such rights and obligations as he would have had under a policy issued to him providing basic no-fault benefits.

Section 20. Property Damage Protection; Tort Liability Exemp tion; Subrogation of Insurers, (a) The owner of a motor vehicle re quired to be registered in this State is not required to maintain security with respect to property damage to his motor vehicle, but may elect to purchase either full or basic coverage for accidental property damage to his motor vehicle.

(b) Every insurer providing security under this Act shall offer the owner either full or basic coverage for accidental property damage, including the loss of use thereof, to the insured motor vehicle as follows:

(1) Full coverage shall provide insurance without regard to fault for accidents occurring within the United States of America, its territories or possessions or Canada.

(2) Basic coverage shall be limited to insurance against damage caused by the fault of another resulting from contact between the insured vehicle and a vehicle with respect to which security is required under this Act.

(c) The insurer may include within the terms and conditions applicable to full coverage such other provisions as it customarily applies to collision coverage for private passenger automobiles in other states, including deductibles without limitation.

(d) Every owner, registrant, operator or occupant of a motor vehicle with respect to which security has been provided as required by this Act, and every other person or organization legally responsible for the acts or omissions of such an owner, registrant, operator or occupant, is hereby exempted from tort liability for damages because of accidental property damage to motor vehicles arising out of the ownership, operation, maintenance or use of such motor vehicle in this State, provided that a person shall not be exempt from such liability if he was operating the motor vehicle without the express or implied consent of its owner or an insured under the owner's policy or if his willful and wanton misconduct was the proximate cause of the accident. This exemption applies only with respect to property damage to motor vehicles subject to this Act but shall not be applicable as to a motor vehicle damaging a parked vehicle, nor shall the exemption apply to a motor vehicle causing damage to another motor vehicle if the motor vehicle causing the damage was being operated without having in effect the security required by this Act.

(e) Notwithstanding subsection (d) above, an owner who has elected not to purchase insurance with respect to property damage to his motor vehicle may maintain an action of tort therefor against the owner, registrant, operator or occupant of a motor vehicle causing such damage if such damage exceeds one hundred ($100.00) dollars. The

FRIDAY, MARCH 16, 1973

3563

insurer of an owner who has elected to purchase full or basic collision coverage for his motor vehicle shall have the right, if the damage to such motor vehicle exceeds the above amount, to recover the amount of the benefits it has paid and, in behalf of its insured, any deductible amount from the insurer of the owner, registrant, operator or occupant of a motor vehicle causing such damage. The issues of liability in such a case and the amount of recovery shall be decided on the basis of tort law, and shall be determined by agreement between the insurers in volved, or, if they fail to agree, by arbitration pursuant to the pro visions of Section 13.

Section 21. Mandatory Arbitration of Small Claims--$3,000. The superior and state courts of this State may provide, by rules of court, that all or any specific types of cases filed in such courts where the cause of action arose out of the operation, ownership, maintenance or use of a motor vehicle and where the amount in controversy shall be $3,000 or less, shall first be submitted to and heard by a panel of from one to three (3) members of the Bar of this State, who shall arbitrate the issues in the case. The manner in which arbitrators are selected and compensated and the rules and procedures to be followed in the arbitration proceedings shall be fixed by the court. Either party may appeal from an award of arbitrators to the court in which the case was pending under the following rules:

(a) The party appellant, his agent or attorney shall make oath or affirmation that such appeal is not entered for the purpose of delay, but because he firmly believes injustice has been done.

(b) Such party, his agent, or attorney shall pay all costs that may have accrued in such suit or action.

(c) Such appeal shall be entered and the costs paid within twenty (20) days after the day of the entry of the award of the arbitrators on the docket.

(d) All appeals shall be de novo as to the law and the facts.

Section 22. Mandatory Reduction of Insurance Rates. Notwith standing any other provision of law, all insurers issuing insurance coverage under this Act shall comply with the following provisions:

(a) Within sixty (60) days after the effective date of this Act, each insurer shall file its proposed forms, manuals, rules, rates and rating plans with the Insurance Commissioner for such approval as is required by law. Rates for required coverage under this Act after the effective date of Sections 1 through 21 of this Act shall not exceed the rates for required financial responsibility coverage reduced by each insurer by not less than fifteen (15%) percent, calculated as a per centage of the combined required financial responsibility rate of such insurer in effect on March 8, 1973. Rates for medical payments coverage and uninsured motorists coverage shall not exceed each insurer's effec tive rate on file with the Insurance Commissioner as of March 8, 1973, reduced by not less than fifty (50%) percent. There shall be no excep tion to the requirements of this provision.

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JOURNAL OF THE HOUSE,

(b) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Act. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of eight (8%) percent per

(c) Any motor vehicle liability policies in force on March 1, 1974, and thereafter, shall reflect by endorsement any reduction in rates for all motor vehicle coverage as filed by the insurer and such reduction shall be computed on a pro rata basis for the remaining term of said policy. Such endorsement may be issued at the renewal date of the policy or the termination of the policy. Any return premium shall be credited to the renewal policy, or if the policy is terminated the return premium shall be refunded to the insured.
Section 23. Wrongful Death--Cause of Action Retained. Any other provision of this Act notwithstanding the right to sue for wrongful death is retained without regard to dependency as defined in this Act.
Section 24. Insurance Commissioner's Powers not Affected. Nothing in this Act shall be construed as diminishing, amending or repealing any powers vested in the Insurance Commissioner to regulate the business of insurance as defined in Code Title 56, as amended. It is expressly provided that all provisions of said Code Title shall be applicable to the conduct of insurers regulated by this Act, including, but not limited to, Section 56-317, pertaining to the suspension and revocation of certificates of authority, Section 56-317.1, pertaining to administrative fines for certain acts of officers, employees, agents and representatives of insurers, and Chapter 56-7, pertaining to unfair trade practices.
Section 25. Rules and Regulations. The Insurance Commissioner shall adopt rules and regulations necessary for the implementation of this Act with respect to insurers providing the security required herein. The Commissioner of the Department of Public Safety shall adopt rules and regulations necessary for the implementation of this Act with respect to the maintaining of the security required herein.
Section 26. Severability and Constitutionality. If any provisions of this Act or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this Act and the application of such provision to other persons or circum stances shall not be affected thereby, and it shall be conclusively pre sumed that the legislature would have enacted the remainder of this Act without such invalid or unconstitutional provision; provided, that if Section 11 is found to be unconstitutional or invalid, it shall be con clusively presumed that the legislature would not have enacted the remainder of this Act without such limitations and the entire Act shall be held invalid.
Section 27. Effective Date. This Act shall become effective October

FRIDAY, MARCH 16, 1973

3565

1, 1973; provided, however, the provisions of Sections 1 through 21 of this Act shall not become effective until March 1, 1974, and shall not apply to accidents or injuries occurring before said date.

Section 28. Repealer. All laws and parts of Laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin
Alien Atherton Bailey Beckham Berry Blackshear Bostick Brantley, H. H.
Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Coleman Collins^ S. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dean, N. Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ezzard Farrar

Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grantham Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton Knight Kreeger 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 Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Pearce Petro Phillips, G. S. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Snow Stephens Sweat Thompson Toles Triplett Tucker Turner Twiggs

3566
Vaughn Waddle Walker Wall

JOURNAL OF THE HOUSE,

Wamble Ware Wheeler, Bobby Whitmire

Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Adams, J. H. Alexander, W. H. Berlin Clark Cole Daugherty
Dent

Evans Foster Grahl Hamilton Horton, W. L. King
Lambert

Patterson Peters Rainey Russell, W. D. Smith, V. B. Wilson, J. M.

Those not voting were Messrs.:

Alexander, W. M. Bennett Bohannon Bond Brantley, H. L. Burruss Collins, M. Coney
Dean, J. E.

Ellis Greer Groover Harrison
Hill, B. L. Larsen, W. W.
McCracken McKinney

Murphy Nix Phillips, L. L. Strickland
Thomason Townsend
Wheeler, J. A. Mr. Speaker

On the adoption of the substitute, the ayes were 137, nays 20.

The substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D.
Adams, John Adams, Marvin Alien
Atherton Bailey
Beckham

Bennett
Berry Blackshear Bostick
Brantley, H. H. Bray
Brown, C.

Brown, S. P.
Buck Burruss Burton
Busbee Carlisle
Carr

Carrell Castleberry Chance Cole Coleman Colwell Coney Connell Davis, W. Dean, Gib Dean, N. Dickey Dixon Dollar Dorminy Egan Elliott Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, G. Horton, G. T. Howard

FRIDAY, MARCH 16, 1973

3567

Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Knight Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Odom

Oxford Patten, R. L. Petro Pinkston Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Shepherd Smith, J. R. Snow Stephens Sweat Toles Townsend Triplett Tucker 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.

Adams, J. H. Alexander, W. H. Alexander, W. M. Berlin Bohannon Clark Collins, M. Collins, S. Daugherty

Dent Edwards Grahl Groover Hamilton Horton, W. L. King Lambert

Larsen, W. W. Lee, W. S. Patten, G. C. Patterson Peters Russell, W. D. Smith, V. B. Willis

Those not voting were Messrs.:

Bond Brantley, H. L. Brown, B. D.

Davis, E. T. Dean, J. E. Duke

Ellis Greer Harrison

3568
Hill, B. L. Howell Keyton Kreeger McCracken Murphy

JOURNAL OF THE HOUSE,

Nix Pearce Phillips, G. S. Phillips, L. L. Rainey Reaves

Savage Strickland Thomason Thompson Turner Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 128, nays 25.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Cole of the 6th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to SB 12, by substitute.

Mr. McDonald of the 12th moved that the House reconsider its action in giving the requisite constitutional majority to SB 12, by substitute.

On the motion, the ayes were 32, nays 110.

The motion was lost, and the House refused to reconsider its passage of SB 12, by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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 the licensees for the sale of distilled spirits or alcoholic beverages shall not be subject to the prohibitions of said Act; and for other purposes.

The following Senate amendment was read:
renumbering Sections 2 and 3 as 3 and 4 respectively and inserting a new Section 2 to read as follows:
"Section 2. Said Act, as amended, is further amended by de leting from section 31 (a) the following words:

FRIDAY, MARCH 16, 1973

3569

'and which such counties have a population of 40,000 or more, according to the United States Decennial Census of 1960 or any future such decennial census, and any city or municipal ity in that part of such cities lying within such counties'"

and by adding to the caption, on page 1 line 11 following the word "Act" the following: "; to remove population restrictions upon the sale of distilled spirits by the drink."

Mr. Brantley of the 22nd moved that the House agree to the Senate amend ment to HB 871.

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 Alexander, W. H. Alexander, W. M. Atherton Beckham Bennett Berlin Berry Blackshear Bond
Bostick Brantley, H. H.
Brown, B. D.
Brown, C. Brown, S. P.
Buck Burruss Burton
Carlisle Carrell
Castleberry
Clark
Cole
Coney Connell
Daugherty
Davis, E. T. Davis, W.
Dean, Gib Dean, J. E.

Dickey Dixon Edwards Egan Elliott Evans Farrar Floyd, J. H. Geisinger Grantham Greer Hamilton
Harden
Harris, J. R.
Hawes
Hays Hill, B. L. Horton, G. T.
Horton, W. L.
Howard Howell
Hudson
Irvin, R.
Irwin, J. R. Johnson
King
Knight Kreeger
Larsen, G. K.
Marcus
Mason

Matthews, C. McDaniell McDonald McKinney Moyer Mullinax Murphy Noble Patten, R. L. Pearce Petro
Ritchie Roach
Rogers
Ross Russell, J.
Sams
Savage Shepherd
Snow Stephens
Strickland
Sweat Thompson
Townsend
Tucker
Twiggs
Vaughn Waddle
Ware W,ilson, J. M.

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JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.

Adams, G. D. Adams, Marvin Alien Brantley, H. L. Chance Coleman Collins, M. Collins, S. Dean, N. Dollar Dorminy Floyd, L. R. Foster Gignilliat Harris, J. F. Irvin, J.

Jessup Jones Keyton Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. S. Lewis Lowrey Mauldin Nessmith Nix Northcutt Odom Oxford Patten, G. C.

Rainey Reaves Rush Smith, J. R. Smith, V. B. Toles Triplett Turner Walker Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wood

Those not voting were Messrs.:

Bailey Bohannon Bond Bray Busbee Carr Colwell Dent Duke Ellis Ezzard Fraser Grahl Groover

Harrington Harrison Hill, G. Hutchinson Jordan Lambert
Lee, W. J. (Bill)
Levitas Logan Matthews, D. R. McCracken Miles Milford Morgan

Mulherin Patterson Peters Phillips, G. S. Phillips, L. L. Pinkston Russell, W. D. Shanahan Thomason Wall Wamble Wilson, M. L. Mr. Speaker

On the motion, the ayes were 93, nays 47.

The motion prevailed and the Senate amendment to HB 871 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

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 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.

FRIDAY, MARCH 16, 1973

3571

Mr. Howell of the 118th 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. Howell of the 118th, Bray of the 66th and Bohannon of the 64th.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 1093. By Messrs. Levitas of the 50th, Burruss of the 21st, Evans of the 89th, and others: A Bill to provide for a declaration of purposes; to provide for the development of comprehensive plans for the protection of any com prehensive plans for the protection of any major stream which consti tutes 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 estab lished in each such area; to provide for public hearings.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House, to-wit:
HB 89. By Messrs. Howell of the 118th, Bray of the 66th and others: A Bill 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.
The President has appointed on the part of the Senate the following Senators: Kidd of the 25th, Holloway of the 12th, and Zipperer of the 3rd.
The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:

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JOURNAL OF THE HOUSE,

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.

The following Senate amendment was read:

The Senate Judiciary Committee offers the following amendment:
Amend HB 553 by striking on page 1, line 21 the following:
"second offense misdemeanants and all",
By striking on page 2 from lines 1, 2 and 3 the following:
and,
"a second offense misdemeanor or of a felony, other than a capital felony by any court in Georgia" and by inserting in lieu thereof the following:
"of voluntary manslaughter, involuntary manslaughter, mayhem, aggravated sodomy, aggravated assault, aggravated battery, false imprisonment, kidnapping, robbery (not including robbery by sud den snatching), or an attempt to commit any such offense."

Mr. Morgan of the 70th moved that the House agree to the Senate amend ment.

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, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham 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

Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Evans Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Horton, G. T.

FRIDAY, MARCH 16, 1973

3573

Howard

Hudson

Hutchinson

Irvin, J.

Irvin, R.

Irwin, J. R.

Jones

Jordan

Keyton

King

Knight

Kreeger

Lane, W. J.

Larsen, G. K.

Lee, W. J. (Bill)

Lee, W. S.

Lewis

i

Lowrey

*

Marcus

Mason

Matthews, C.

Mauldin

McDaniell

McDonald

McKinney

Milford

Morgan

Mullinax

Murphy

Nessmith

Noble

Northcutt

Odom

Oxford

Patten, R. L. Patterson Pearce Petro Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Shanahan Shepherd Snow Stephens Sweat Thompson Toles Triplett Tucker Twiggs Vaughn Waddle Walker Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. W. L. Horton.

Those not voting were Messrs.:

Adams, Marvin Bennett Bray Cole Coleman Dean, J. E. Dent Ellis Ezzard Foster Gignilliat Grahl Groover Hawes Hill, B. L. Hill, G.

Howell Jessup Johnson Lambert Lane, Dick Larsen, W. W. Levitas Logan Matthews, D. R. McCracken Miles Moyer Mulherin Nix Patten, G. C. Peters

Phillips, G. S. Phillips, L. L. Russell, W. D. Sams Savage Smith, J. R. Smith, V. B. Strickland Thomason Townsend Turner Wall Wamble Ware Mr. Speaker

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JOURNAL OF THE HOUSE,

On the motion to agree, the ayes were 132, nays 1.

The Senate amendment to HB 553 was agreed to.

HB 1093. By Messrs. Levitas of the 50th, Burruss of the 21st and others:
A Bill to be entitled an Act to provide for the development of com prehensive plans for the protection of any major stream which consti tutes the major source of public water supply in metropolitan areas having a population of more than 1,000,000; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to provide definitions; to provide for a declaration of purpose; 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 according to the United States Decennial Census of 1970, or any future such census; to provide for the preparation of such plans by the Metropolitan Area Planning and Development Commission estab lished for each such area; to provide for public hearings; to provide for the regulation of certain activities in and adjacent to such major streams for the protection of water quality, control of erosion and reduction of flood hazards; to provide for the regulation of intensity of development adjacent to such major streams for such purposes; to provide that determinations under such plans shall be made by the governing authorities of the political subdivisions involved; to provide for review of such determinations by such Commissions; to provide for the filing of certain information; to provide for the issuance of certificates; to provide for denial of certificates under certain conditions; to provide for appeals; to provide for injunctions; to provide penalties for willful and wanton violations; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT EACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Short Title. This Act shall be known as and may be cited as the "Metropolitan River Protection Act."
Section 2. Definitions. As used in this Act: (a) "Area" shall mean a standard Metropolitan Statistical Area as defined by the U. S. Execu tive Office of the President, Standard Metropolitan Statistical Area 1967, Part I Criteria, Office of Management and Budget, subject to any changes made by the Board of Community Development pursuant to authority contained in an Act relating to implementing the require ments of the Federal Intergovernmental Cooperation Act of 1968, ap-

FRIDAY, MARCH 16, 1973

3575

proved March 18, 1970. (Ga. Laws 1970, p. 321), which is located wholly within the State of Georgia and having a population of more than 1,000,000 according to the United States Decennial Census of 1970, or any future such census.

(b) "Commission" shall mean the Metropolitan Area Planning and Development Commission created for each such area pursuant to the authority contained in an Act relating to implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. Laws 1970, p. 321), as now or hereinafter amended.

(c) "Major stream" shall mean any stream or river, whether navi gable or non-navigable, which flows through any area and which is the source of at least 40% of the public water supply of any such area.

(d) "Watercourse" means the natural banks of a major stream in any area as defined by the low water mark of such stream and including the entire bed of such stream and all islands therein, from the point where the stream enters the area downstream to a line perpendicular across the flow of such stream at the point, within the area, which is the last downstream water supply intake location for any political sub division in the area.

(e) "Stream corridor" means all land in the area within 2,000 feet of the watercourse, except such land where, by decision of the Com mission, the effect on water quality in the major stream and the effect of flooding and erosion adjacent to the stream is not sufficiently substantial to warrant the exercise of jurisdiction over this Act and where the Com mission elects to decline jurisdiction.

(f) "Flood plain" means that area within the stream corridor which is subject to being flooded with a probable frequency of at least once every 50 years. The Commission shall delineate the flood plain and in doing so may utilize or adopt studies prepared by the Corps of En gineers, United States Army, or such other studies as the Commission deems competent.

(g) "Plan" means the comprehensive plan prepared by the Com mission pursuant to the provisions of Section 4 of this Act.

(h) "Person" means any individual, partnership, corporation, trust, entity or authority, and shall include the State of Georgia, its political subdivisions and all its departments, boards, bureaus, commissions or other agencies.

(i) "Certificate" means a building permit or other written au thorization issued under the provisions of this Act.

(j) "Applicant" means any person who requests the issuance of a certificate under the provisions of this Act.

(k) "Political subdivision" means the governing authority of a

3576

JOURNAL OF THE HOUSE,

county or a municipality in which the section of the River Corridor to be affected or any part thereof is located.

(1) "Governing authority" means the governing authority of a po litical subdivision or, except for the purpose of paragraph (c) of sub section (c) of Section 6 of this Act, a committee of such governing authority.

Section 3. Finding and Purposes, (a) The General Assembly finds that adequate supplies of clean drinking water constitute the lifeblood of the great metropolitan areas of this State and are, therefore, essential to the health, welfare and economic progress of the State; that de velopment adjacent to major streams in certain metropolitan areas re quires special regulation to provide adequate protection for public water supplies; that siltation and urban runoff threaten such water supplies; that flood plain development unnecessarily exposes life and property to loss by flooding while increasing flood risks for other area; that overintensive development adjacent to major streams increases the frequency and severity of such flooding; that it is in the public interest to avoid future flood damage and possible loss of life, to control erosion and pol lution and to protect the water quality of major streams in certain metro politan areas.

(b) The purpose of this Act is to provide a flexible and practical method whereby political subdivisions in certain metropolitan areas may utilize the police power of the State consistently and in accordance with a comprehensive plan to protect the public water supplies of such po litical subdivisions and of the area and to prevent floods and flood dam age, to control erosion, siltation and intensity of development adjacent to major streams in such areas for such purposes, and to provide for comprehensive planning for stream corridors in such areas.

(c) The General Assembly finds that certain political subdivisions in the included area have in force certain flood plain and sediment con trol ordinances that afford adequate protection for the aforementioned problems. Nothing in this Act shall be construed so as to make those local political subdivision ordinances less stringent than they are now.

Section 4. Duties of the Commission. The Commission shall, con sistent with the purposes of this Act: (a) Prepare and keep up to date a comprehensive, coordinated land and water use plan for the stream corridor. The plan, as prepared and approved by the Commission, shall set land use criteria for flood and flood damage prevention, erosion and siltation control, water quality protection, and intensity of develop ment in the stream corridor. The plan, as adopted by the Commission, shall be transmitted to each political subdivision within three months after the effective date of this Act. The Commission may, after hearing, utilize or adopt an existing plan or plans as the plan called for by this Act. The Commission may from time to time revise the plan or portions thereof, and any such revisions of the plan shall be transmitted promptly after adoption. Prior to the adoption of the plan, or of any substantial portion or any revision of the plan, the Commission shall hold a public hearing on the proposed plan, or portion or revision thereof, in each county in which any land affected by the plan, or, in the case of a por tion or revision of the plan, in which any land affected by such portion

FRIDAY, MARCH 16, 1973

3577

or revision lies. The Commission shall cause notice of the time and place of each such public hearing to be published for two weeks in one or more newspapers of general circulation in each county in which land to be affected lies. Any such land and water use plan shall be prepared in consultation with the assistance of the county or city governing au thority where the land to be affected lies.

(b) Foster and undertake such studies of water and related land re sources problems in the stream corridor as are necessary in the prepara tion or revision of the plan.

(c) Make such rules and regulations as may be necessary to imple ment the purposes of this Act, and to administer and implement the provisions of this Act and all rules, regulations and orders promulgated thereunder.

Section 5. Stream Corridor Regulation, (a) Pending adoption of the plan as to each political subdivision, it shall be unlawful for any per son to erect, maintain, suffer or permit any structure, dam, obstruction, deposit, clearing or excavation in or on the stream corridor which will adversely affect the efficiency of or restrict the capacity of the water course or flood plain, appreciably increase runoff or flood heights, ad versely affect the control, protection, allocation or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation or water pollution. In order to prevent undue hardship, the commission may, prior to the adoption of the plan as to any political subdivision, issue a letter or written statement signed by the Executive Director ruling with respect to any proposed land or water use in such political subdivision that none of the above listed adverse effects will occur as a result of the proposed use. Nothing in this subsection shall apply to a political subdivision that, on June 30, 1973, has in effect a flood plain ordinance and a sediment control ordinance.

(b) (1) After adoption of the plan, or any portion thereof, it shall be unlawful within those areas regulated by the plan or any portion thereof for any person to erect, use, maintain, suffer or permit a struc ture, dam, obstruction, deposit, clearing or excavation in or on the stream corridor which will be incompatible or inconsistent with the plan, or any portion thereof. A proposed land or water use shall be deemed to be not in compliance with the plan unless and until the governing authority of the political subdivision authorizes the issuance of a certificate for the proposed use after making a specific finding that such use is in compliance with the plan or portion thereof; provided that such certifi cate shall not become effective until reviewed by the Commission in ac cordance with Section 5 of this Act. In making the finding required by this subsection, the governing authority shall follow the criteria set forth by the plan, or portion thereof, for water quality protection, flood and flood damage prevention, erosion and siltation control and intensity of development.

(2) The governing authority shall, before issuing any certificate, require the applicant to furnish such detailed information on the pro posed land or water use as the governing authority shall reasonably

3578

JOURNAL OF THE HOUSE,

request. In each case the information which the governing authority shall require the applicant to furnish shall include:

(A) The name of the owner of the land for which the permit is sought;

(B) A description of such land;

(C) A grading plan showing all movement of earth about, onto or off of such land;

(D) A landscaping plan showing all trees and vegetation to be removed and to be replaced on such land, and a time schedule for accomplishing such removal and replacement; and

(E) A detailed site plan showing the location of each structure, the approximate dimensions of each structure, and the location and approximate area of all impervious surfaces to be placed on such land.

(3) All construction, damming, depositing, clearing or excavation shall be done strictly in accordance with the certificate issued under this Act. Any substantial change or modification of a proposed land or water use for which a certificate has been issued shall require a new cer tificate, which must be issued in accordance with the requirements of this Act.

(c) The governing authority shall hold a hearing before issuing or denying any certificate under this Section. The form and procedure for such hearings shall be determined by the governing authority in volved, provided that all interested persons shall be afforded adequate notice of such hearings and an opportunity to be present and express their views.

Section 6. Commission Review, (a) Within ten days after issuing any certificate, the governing authority shall transmit to the Commis sion a copy of such certificate, the governing authority's findings there on and all supporting information filed by the applicant.

(b) No certificate shall become effective until sixty days have elapsed after its submission to the Commission. If, from the certificate, findings and supporting data, or from its own investigation, the Com mission finds that there are inconsistencies between the plan and the proposed land or water use authorized by the certificate, the Commis sion may recommend modification of the certificate in such manner as to be consistent with the plan. If the Commission fails to recommend modification of the certificate within sixty days from submission of such certificate to the Commission, the certificate shall become effec tive as issued.

(c) In any case where the Commission has recommended modifica tion of a certificate, the governing authority may:

FRIDAY, MARCH 16, 1973

3579

(1) Adopt such recommendation and incorporate it as a condi tion of the certificate, in which case any land or water use under the certificate must be strictly in accordance with the recommenda tion so incorporated;

(2) Override such recommendation by affirmative vote of a majority of the full membership of the governing body; or

(3) Request reconsideration of such recommendation by the Commission at a public hearing. If the governing authority fails to take action under either (1), (2) or (3) above within 45 days after the submission of the recommendation of the Commission to the governing authority, the certificate shall not become effective. Where a public hearing is requested under this subsection, such public hearing shall be held by the Commission within thirty days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least five days prior to the hearing to the governing authority and to the applicant. The Com mission shall make its final determination with respect to such recommendation within thirty days after such public hearing. The request for a public hearing under this subsection may be made by the applicant or by the governing authority involved.

Section 7. Consent Procedure. In order to simplify procedures and avoid delays in the utilization of land or water resources, the Commis sion may at any time issue a certificate permitting a land or water use in the stream corridor where the applicant and the political subdivision involved have consented to such certificate, provided that the land or water use permitted by such certificate shall be in compliance with the plan and the purposes of this Act, provided further that no such certifi cate shall be issued until after the Commission has held a public hearing on the proposed land or water use. The Commission shall cause notice of the time and place of such public hearing to be published for two weeks in a newspaper of general circulation in the county in which the land to be affected lies.
Section 8. Minimum Standards. Every certificate issued by a gov erning authority and every recommendation or certificate of the Com mission shall comply with the following minimum standards:
(1) No land or water use shall be permitted in the flood plain, and

(2) No land or water use shall be permitted within 150 hori zontal feet of the watercourse unless the proposed use is not harmful to the water and land resources of the stream corridor, will not sig nificantly impede the natural flow of flood waters, and will not re sult in significant land erosion, stream bank erosion, siltation or water pollution.

Section 9. Appeals. Any person aggrieved by any final determina tion of the Commission or a governing authority under his Act may take an appeal to the superior court of the county in which all or part of the land affected lies. Any such appeal shall be brought in the man-

3580

JOURNAL OF THE HOUSE,

ner provided for appeals from boards of zoning appeals set forth in Code Chapter 69-12.

Section 10. Other Requirements. The requirements of this Act are in addition to and do not supersede other requirements of law including the zoning and building regulations of the political subdivision involved.

Section 11. Other Counties. Any county in this State which is con tiguous to an area and which would have land in a stream corridor if such county were in an area may, with the consent of the particular Commission, elect to come under the provisions of this Act by resolu tion adopted by its governing authority. Where a county has elected to come under the provisions of this Act as provided in this Section, any municipality in that county which has any territory in the stream cor ridor may, with the consent of the Commission, elect to come under the provisions of this Act by resolution adopted by its governing authority.

Section 12. Exemptions from Act. This Act shall not apply to the following uses:

(a) Any land or water use for agriculture or animal husbandry.

(b) Ordinary maintenance and landscaping operations.

(c) Any land or water use or project which, on the effective date of this Act, is approved, pending or is completed, actually under con struction or which is zoned for such use and where expenditures in ex cess of $2,500.00 have been made in preparation for construction in ac cordance with such zoning, provided, however, that construction of the project is actually commenced within thirty-six (36) months of the effective date of this Act; otherwise, a certificate for the project must be obtained pursuant to this Act.

Section 13. Enforcement and Penalties, (a) Every structure, dam, obstruction, deposit, excavation or clearing erected, used or maintained in violation of this Act shall be a public nuisance, and the creation and maintenance thereof may be enjoined and abated upon an action being filed by the Commission, any political subdivision affected or by any person.

(b) Any person who willfully and wantonly violates the provisions of this Act or any rule or regulation of the Commission may be fined not more than $1,000.00 for each offense. Each day during which such violation exists is a separate offense.

Section 14. Jurisdiction. The superior court of the county in which the land or any part thereof lies, shall have jurisdiction to restrain a violation of this Act upon a suit being filed by the Commission, po litical subdivision affected, or by any person. In the event the land lies in more than one county, jurisdiction shall be in the superior court of any county in which said land lies.
Section 15. Exceptions. Notwithstanding any other provisions of

FRIDAY, MARCH 16, 1973

3581

this Act to the contrary, nothing contained herein shall be construed so as to prohibit any person, firm or corporation from removing sand from any water course without restriction when such removal is accomplished in such a manner that no greater affluent is returned to the water course than that removed therefrom and no erosion along the banks of the water course occurs.

Section 16. Public Information. The plan, every proposed version thereof, every revision thereof, and every application for a certificate under this Act shall constitute public documents and shall be freely available for inspection by any person.

Section 17. 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 this section, subsection, sentence, clause or phrase so declared or adjudged invalid or uncon stitutional 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 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.

Mr. Levitas of the 50th moved that the House agree to the Senate substitute.

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, J. H. Adams, John Alexander, W. H. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick

Brantley, H. H. 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. Davis, W. Dean, N. Dent Dixon Dollar Dorminy Duke Edwards

3582
Egan Elliott Evans Farrar Floyd, J. H. Floyd, L. E. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Knight

JOURNAL OF THE HOUSE,

Kreeger Lane, Dick Larsen, G. K. 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 Moyer Mulherin Mullinax Murphy Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Pinks ton

Rainey Ritchie Roach Rogers Rush 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 Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis
Wilson, M. L. Wood

Voting in the negative was Mr. Gib Dean.

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Bennett Berlin Brantley, H. L. Bray Brown, S. P. Collins, M. Colwell Dean, J. E. Dickey Ellis Ezzard

Grahl Hamilton
Harrison Hill, G.
Howard Hutchinson Lambert Lane, W. J. Matthews, D. R. McCracken
Morgan Nessmith

Nix Phillips, G. S. Phillips, L. L. Reaves Ross Strickland Thomason Townsend Vaughn Ware
Wilson, J. M. Mr. Speaker

On the motion to agree, the ayes were 143, nays 1.

FRIDAY, MARCH 16, 1973

3583

The Senate substitute to HB 1093 was agreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House amendments to the following Bill of the Senate, to-wit:

SB 377. By Senator Holloway of the 12th:
A Bill to amend Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Control Code", so as to change the name of the Code Codified as Code Chapter 91-1A of the Code of Georgia.

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 417. By Messrs. Smith of the 91st and Busby of the 114th: A Resolution relative to adjournment.

The following Bill of the Senate was taken up for the purpose of considering the Senate's agreeing to the Egan amendment and disagreeing to the Levitas and Oxford amendments thereto:

SB 394. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act providing for municipal home rule so as to authorize the legislative bodies of municipal corpora tions of this State to fix the compensation of its members; and for other purposes.

Mr. Lane of the 76th moved that the House recede from its position in adopt ing the Levitas and Oxford amendments to SB 394.

On the motion to recede, 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

3584
Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burton Busbee Carlisle Carr Castleberry Chance Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dickey Dixon Dollar Edwards Elliott Farrar Floyd, J. H. Floyd, L. R. Foster

JOURNAL OF THE HOUSE,

Fraser Geisinger Gignilliat Grantham Greer Harden Harrington Harris, J. P. Hays Horton, G. T. Hudson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones Keyton King Knight Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald Milford Mullinax Murphy

Nessmith Noble Northcutt Odom Oxford Patten, R L. Patterson Pearce Peters Petro
Reaves Roach Rogers Boss Rush Russell, J. Shepherd Smith, J. R. Smith, V. B. Snow Stephens Thompson Toles Triplett Tucker Turner Twiggs Vaughn Walker Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Clark Daugherty Egan Hamilton

Harris, J. R. Horton, W. L. Kreeger

Savage Sweat Wall

Those not voting were Messrs.:

Atherton Berlin Brantley, H. H. Brown, S. P. Burruss Carrell Dean, J. E.

Dean, N. Dent Dorminy Duke Ellis Evans Ezzard

Grahl Groover Harrison Hawes Hill, B. L. Hill, G. Howard

Howell Hutchinson Jessup Jordan Lambert Larsen, W. W. Levitas Matthews, D. R. McCracken McKinney
Miles

FRIDAY, MARCH 16, 1973

3585

Morgan Moyer Mulherin Nix Patten, G. C. Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie
Russell, W. D.

Sams Shanahan Strickland Thomason Townsend Waddle Wamble Ware Wilson, J. M. Mr. Speaker

On the motion to recede, the ayes were 117, nays 10.

The House receded from its position in adopting the Levitas and Oxford amendments to SB 394.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendments thereto:

SB 377. By Senator Holloway of the 12th:
A Bill to be entitled an Act to amend Code Chapter 91-1A of the Code so as to change the name of the State Properties Control Code; and for other purposes.

Mr. Smith of the 18th moved that the House recede from its position in adopting the Smith amendment and to insist on its position in adopting the Mur phy amendment to SB 377.
The motion prevailed and the House receded from its position in adopting the Smith amendment and insisting on its position in adopting the Murphy amend ment to SB 377.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 335. By Senators Gillis of the 20th, McDuffie of the 19th and Kennedy of the 4th: A Bill to be entitled an Act to amend an Act providing for grants to citizens attending independent colleges and universities so as to state periods during which grants may be paid on behalf of students; and for other purposes.

3586

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend an Act providing for grant as sistance to citizens attending independent colleges and universities in
Georgia, approved April 14, 1971 (Ga. Laws 1971, p. 906), as amended, so as to state periods during which grants may be paid on behalf of stu
dents; to provide for academic classification of students during a fiscal year; to provide that grants shall not be approved until required infor mation or certifications have been received; 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 providing for grant assistance to citizens attend
ing independent colleges and universities in Georgia, approved April 14, 1971 (Ga. Laws 1971, p. 906), as amended, is hereby amended by adding at the end of Section 3 thereof an additional unnumbered paragraph, to
read as follows:

"The Authority is authorized to provide that the academic clas
sification of a student during the first school term commencing af ter the beginning of a State fiscal year for which he seeks assistance
shall be deemed to be his academic classification during all school terms that begin within that fiscal year."

Section 2. Said Act is further amended by striking Section 4 of said Act in its entirety and substituting in lieu thereof a new Section 4, to read as follows:

"Section 4. The grants provided for herein shall be applied for by each person wishing to receive same and shall be administered by the Georgia Higher Education Assistance Authority (hereafter,
the Authority) pursuant to procedures devised and implemented by the Authority which are not in conflict with this Act. The Au
thority is authorized to promulgate such rules and regulations and define terms as may be reasonable and proper in order to carry out the provisions and purposes of this Act. The Authority shall not approve any grant until there has been received from the student or
from the approved institution such information as may be required to determine whether the student applying for said grant is an eli gible student, or such certification as may be required from the insti
tution to the effect that the student applying for said grant is an eligible student. Following receipt of such information or certifica tion in proper form, and approval of the grant, the Authority shall remit, at such times as it shall prescribe, said grant through the approved institution for and on behalf of the student."

Section 3. This Act shall become effective on May 1, 1973.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

FRIDAY, MARCH 16, 1973

3587

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 133, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

A Committee amendment was read and withdrawn by unanimous consent.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to without the amendment.

On the passage of the Bill, the ayes were 152, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 150, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

3588

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Senate's insistence in amending the same:

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 certain population; and for other purposes.
Mr. Hawes of the 43rd moved that the House insist on its position in disagree ing to the Senate amendment and that a Committee of Conference on the part of the House be appointed 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. Hawes and Greer of the 43rd and Townsend of the 24th.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 209. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to prisons, public works camps and prisoners, as amended; so as to provide for conditions relative to prison transfers for prisoners under certain conditions; and for other purposes.

Mr. Larsen of the 102nd moved that SB 209 and all amendments thereto be placed upon the table.

On the motion, the ayes were 31, nays 64.

The motion to table SB 209 was lost.

The following amendment was read: Messrs. Fraser of the 117th, Lee of the 68th and Hudson of the 115th

FRIDAY, MARCH 16, 1973

3589

move to amend SB 209 by adding on page 2, after the word "attorney", on line 24, the following:

"Provided, however, the prisoner may be retained in the county jail, in the discretion of the court, while motion for new trial or ap peal is pending, but such cost of incarceration shall be at the ex pense of the Department of Offender Rehabilitation".

On the adoption of the amendment, the ayes were 83, nays 30.

The amendment was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the 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
Bailey Bennett Berlin Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burton Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Colwell Daugherty Davis, W. Dean, Gib Dean, N.

Dickey Dollar Edwards Egan Elliott Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham
Greer Hamilton Harrington Harris, J. R. Harrison Hawes Hays Hill, B. L. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, R.

Jessup Johnson Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Levitas Lowrey Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Milford Morgan Moyer Mullinax Nessmith Noble Northcutt Oxford Patten, R. L. Pinkston Rainey Ritchie

3590
Ross Russell, J. Russell, W. D. Shanahan Shepherd Smith, V. B. Snow

JOURNAL OF THE HOUSE,

Stephens Toles Tucker Turner Twiggs Waddle

Ware Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.

Adams, Marvin Carlisle Collins, M. Connell Davis, E. T.
Dixon Duke Groover Harris, J. P. Irvin, J. Irwin, J. R.

Keyton King Larsen, W. W. Lee, W. S. Miles Nix Odom Patten, G. C. Patterson Pearce

Petro Reaves Roach Rush Sams Sweat Vaughn Walker Wall Wilson, J. M.

Those not voting were Messrs.:

Adams, J. H. Alexander, W. M. Atherton Beckham Berry Blackshear Bostick Brantley, H. L. Buck Burruss Busbee Coney Dean, J. E. Dent Dorminy Ellis

Evans Gignilliat Harden Hill, G. Horton, W. L. Jones Jordan Lambert Lewis Logan Marcus Mason McCracken Mulherin Murphy

Peters Phillips, G. S. Phillips, L. L. Rogers Savage Smith, J. R. Strickland Thomason Thompson Townsend Triplett Wamble Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 103, nays 31.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Dorminy of the 115th wished to be recorded as voting "aye" on the pas sage of SB 209, as amended.

FRIDAY, MARCH 16, 1973

3591

His Excellency, Governor Jimmy Carter, appeared upon the floor of the House and addressed the members.

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 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 Legis lative Branch of Government; and for other purposes.

Mr. Floyd of the 5th moved that the House insist on its position in disagree ing to the Senate substitute to HB 933 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Floyd of the 5th, Wamble of the 120th and Snow of the 1st.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 915. By Messrs. Matthews of the 122nd, Rush of the 104th, Wheeler of the 13th, and others:
A Bill to amend Code Chapter 26-12, relating to abortion, so as to de lete the provisions relative to the reasons for an abortion.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

3592

JOURNAL OP THE HOUSE,

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 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.

The following report of the Committee of Conference was read:

CONFERENCE COMMITTEE REPORT TO HOUSE BILL 89

Mr. President: Mr. Speaker:

Your Conference Committee on House Bill 89 has met and submits the following report:

That the Senate and the House recede from their respective positions on said bill and that the following amendments be adopted to House Bill 89 as it pass the House:

By striking from Lines 19 and 26 of Page 1 and Lines 13 and 14 of Page 2 the word "last" and substituting in lieu thereof "second".

And, by striking from Line 25 of Page 2 the following: "President Pro Tern." and substituting in lieu thereof "Majority Leader".

FOR THE SENATE
/s/ Culver Kidd Senator, 25th District
/a/ A. W. (Al) Holloway Senator, 12th District
/s/ Edward H. Zipperer Senator, 3rd District

Respectfully submitted,
FOR THE HOUSE
/s/ W. Mobley Howell Representative, 118th District
/s/ Claude A. Bray, Jr. Representative, 66th District
/s/ J. E. Bohannon Representative, 64th District

Mr. Howell of the 118th moved that the report of the Committee of Confeernce on HB 89 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

Bailey Bennett Berlin

Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck 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 Dixon Dollar Dorminy
Edwards
Elliott
Ezzard
Farrar
Floyd, J. H.
Floyd, L. R.
Foster
Fraser
Geisinger

FRIDAY, MARCH 16, 1973

3593

Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays 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. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Lowrey Marcus Mason
Matthews, C.
Matthews, D. R.
Mauldin
McCracken
McDaniell
McKinney
Miles
Milford
Morgan

Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Odom Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Rainey Ritchie Roach Rogers Rush Russell, J. Russell, W. D. Shepherd Smith, J. R. Snow Stephens Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn
Waddle
Walker
Ware
Wheeler, Bobby
Whitmire
Williams
Willis
Wilson, J. M.
Wood

Those voting in the negative were Messrs. :

Atherton Beckham Dean, N. Duke Egan Horton, W. L.

Irvin, R. Larsen, G. E. Le vitas Nix Oxford Ross

Sams Shanahan Smith, V. B. Townsend Wall

3594

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, J. H. Blackshear Burruss Daugherty Dean, J. E. Ellis Evans Hamilton Hawes

Hill, B. L. Howard Knight Kreeger Larsen, W. W. McDonald Phillips, G. S. Phillips, L. L. Pinkston

Reaves Savage Strickland Wamble Wheeler, Bobby Wheeler, J. A. Wilson, M. L. Mr. Speaker

On the motion, the ayes were 138, nays 17.

The motion prevailed and the report of the Committee of Conference on HB 89 was adopted.

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 Con ference on the following Bill of the House, to-wit:

HB 933. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and others:
A Bill to amend Code Section 40-1801, relating to the creation of the De partment of Audits and Accounts and the office of State Audits and Accounts and the Office of State Auditor, so as to provide that the Department of Audits and Accounts and the office of State Auditor shall be a part of the Legislative Branch of the Government.

The President has appointed on the part of the Senate the following Sena tors: Holley of the 22nd, Hudgins of the 15th and Kidd of the 25th:

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 784. By Messrs. Howard of the 19th, Pinkston of the 89th, and Groover of the 75th:
A Bill to repeal Chapter 61-4 of the Code; to provide that landlords shall have power to distrain for rents; to provide procedure for distress

FRIDAY, MARCH 16, 1973

3595

warrant applications; to provide payment for rent as a defense to distress warrants proceedings; to provide for execution and levy of distress war rant upon goods and property.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

CONFERENCE COMMITTEE REPORT TO HB 933

The Conference Committee on HB 933 recommends that both the Senate and the House of Representatives recede from their position and that the attached Conference Committee Substitute to HB 933 be adopted.

FOR THE SENATE:
/s/ R. Eugene Holley Senator, 22nd District
/s/ Floyd Hudgins Senator, 15th District
/s/ Culver Kidd Senator, 25th District

Respectfully submitted,
FOR THE HOUSE:
/s/ James H. Floyd Representative, 5th District
/s/ Wayne Snow, Jr. Representative, 1st District
/s/ Burton M. Wamble Representative, 120th District

CONFERENCE COMMITTEE SUBSTITUTE TO HB 933

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, as amended, particularly by an Act approved January 25, 1945 (Ga. Laws 1945, p. 115), 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; to provide that the Legislative
Services Committee shall fix the compensation of the State Auditor; to provide an effective date; to provide the procedure relative to the com pensation and allowances for the Secretary of the Senate; to repeal con
flicting laws; and for other purposes.

3596

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 40-1801, relating to the creation of the De partment of Audits and Accounts and the Office of State Auditor, as amended, particularly by an Act approved January 25, 1945 (Ga. Laws 1945, p. 115), is hereby amended by adding a new paragraph at the end thereof to read as follows:

"The Department of Audits and Accounts and the Office of State Auditor are hereby made a part of the Legislative Branch of Government. The Legislative Services Committee shall fix the com pensation of the State Auditor."

Section 2. Any other provision of the law to the contrary not withstanding, the Secretary of the Senate shall receive such compensa tion, expenses, mileage and allowances as shall be provided by resolution of the Senate. Provided, however, that from July 2, 1973, until the con vening date for the regular session of the General Assembly in 1975, and until changed by resolution of the Senate, the Secretary of the Senate shall receive the same compensation, expenses, mileage and allowances as such official was receiving under the law and resolution in existence relative thereto on March 1, 1973.

Section 3. This Act shall become effective July 2, 1973.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Wamble of the 120th moved that the report of the Committee of Con ference on HB 933 be adopted.

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 Alien Bostick Brantley, H. L. Bray Brown, C. Carr Carrell Castleberry Clark Collins, M. Colwell Connell

Daugherty Dean, Gib Dorminy Edwards Evans Floyd, J. H. Foster Gignilliat Grahl Grantham Greer Hamilton Harden Harrington

Harris, J. F. Hays Howell Hutchinson Irvin, J. Irwin, J. R. Jessup Jones Keyton Lambert Lee, W. J. (Bill) Lowrey Mason Matthews, C.

Matthews, D. R. Mauldin Miles Milford Morgan Mullinax Murphy Nessmith Northcutt Oxford Patten, G. C. Patten, R. L.

FRIDAY, MARCH 16, 1973

3597

Peters Pinkston Rainey Ross Rush Russell, J. Shanahan Smith, J. R. Snow
Toles
Tucker

Twiggs
Vaughn Walker Wamble Ware
Wheeler, Bobby Whitmire Williams Willis Wilson, M. L. Wood

Those voting in the negative were Messrs.

Adams, G. D. Alexander, W. H.
Alexander, W. M. Atherton Beckham Berlin
Berry Bohannon Bond Brantley, H. H. Brown, B. D. Brown, S. P. Burruss Burton
Coleman Collins, S. Coney Davis, E. T. Dent Dickey Dollar Duke
Egan .

Elliott Ezzard Floyd, L. R. Geisinger Harris, J. R. Hawes Horton, G. T. Horton, W. L. Howard Hudson Irvin, R. Johnson King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S. Levitas Marcus McDaniell McKinney

Moyer Mulherin Nix Noble Patterson Pearce Petro Reaves Ritchie Rogers Russell, W. D. Sams Shepherd Smith, V. B. Stephens Thomason Thompson Townsend Triplett Waddle Wall Wilson, J. M.

Those not voting were Messrs.:

Adams, J. H. Bailey Bennett Blackshear Buck
Busbee Carlisle
Chance Cole Davis, W. Dean, J. E. Dent

Dixon Ellis Farrar Fraser Groover Harrison Hill, B. L. Hill, G. Jordan Lewis Logan McCracken

McDonald Odom Phillips, G. S. Phillips, L. L. Roach Savage Strickland Sweat Turner Wheeler, J. A. Mr. Speaker

3598

JOURNAL OF THE HOUSE,

On the motion, the ayes were 76, nays 69.

The motion was lost and the report of the Committee of Conference on HB 933 was rejected.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:

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, as amended, so as to provide that any person who is arrested for a crime and who is re fused bail, shall, within the sixty days after confinement, be entitled to have the charge or accusation against him heard by a grand jury having jurisdiction over the defendant; to provide that in the event no grand jury considers the charges against the accused person within the sixty-day period of confinement, the accused shall have a bail set upon application to the court; to repeal conflicting laws; and for other pur poses.

The following Committee amendment was read and adopted:
The House Judiciary Committee amends Senate Bill 31 as follows: by striking the word "sixty" from line 4, line 9, line 19, and line 24 of page 1, and inserting in lieu thereof the word "ninety".

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 amende^, 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 Bennett Berlin

Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burniss

Burton Busbee Carlisle Carr Carrell Castleberry Clark Coleman Collins, S.

Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ezzard Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R.

FRIDAY, MARCH 16, 1973

Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, D. Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. Lee, W. S. Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northoutt Odom Oxford Patten, G. C. Patten R. L.

Patterson Peters Petro Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Snow Stephens Sweat Toles Triplett Tucker Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, B. Whitmire. Williams Willis Wilson, J. M. Wilson, M. L. Wood

3599

Those voting in the negative were Messrs.

Beckham Irwin, J. R.

Murphy

Thomason

Those not voting were Messrs.:

Bailey Berry Blackshear Brown, S. P. Buck Chance Cole

Collins, M. Coney Dean, J. E. Dean, N. Ellis Evans Farrar

Foster Fraser Greer Harrington Hill, B. L. Irvin, J. Lewis

3600
Mauldin McCracken McDonald Noble Pearce Phillips, G. S.

JOURNAL OF THE HOUSE,

Phillips, L. L. Savage Smith, V. B. Strickland Thompson

Townsend Turner Wall Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 143, nays 4.

The Bill, having received the requisite constitutional majority, was passed, as amended.

SR 138. By Senator Hudgins of the 15th:
A RESOLUTION
Authorizing and directing the State Department of Transportation to erect and maintain certain directional signs; and for other purposes.
WHEREAS, the City of Columbus is the largest city in the United States which is not served by the interstate system of highways; and
WHEREAS, there are two direct routes from Atlanta to Columbus; and
WHEREAS, neither of these routes is properly marked with direc tional signs.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Transporta tion is hereby authorized and directed to erect and maintain appropriate interstate signs with arrows at 1-285 and 1-85 and at 1-75 and Georgia State Route 85 indicating the proper route to Columbus.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to forward an appropriate copy of this Resolution to the Director of the State Department of Transportation and to each member of the State Board of Transportation.

The following amendment was read:
Mr. Sweat of the 125th moves to amend SR 138 as follows: By inserting following Line 8 the following: "WHEREAS, there are no exit markings from 1-75 and the

FRIDAY, MARCH 16, 1973

3601

intersection of U. S. 82 indicating the proper route to Waycross, Georgia."

And, by adding between Lines 16 and 17 the following:

"BE IT FURTHER RESOLVED that the State Department of Transportation is further authorized and directed to erect and main tain appropriate signs at the intersection of 1-75 and U. S. 82 indicat ing the route to Waycross, 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.

Atherton Burruss Chance Collins, M. Colwell Dean, N. Dixon Dollar Dorminy

Duke Gignilliat Harden Horton, W. L. Howard Irwin, J. R. Jordan Kreeger Larsen, W. W.

Those voting in the negative were Messrs.

Adams, G. D. Adams, J. H. Adams, M. Alexander, W. H. Alexander, W. M. Alien Beckham Bennett Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr

Carrell Castleberry Clark Cole Coleman Collins, S Coney Connell Daugherty Davis, E. T Davis, W. Dean, G. Dean, J. E. Dent Dickey Edwards Elliott Evans Ezzard Floyd, J. H Floyd, L. R. Foster Fraser Geisinger

Marcus McDaniell Nix Patten, G. C. Patten, R. L. Rainey Savage Sweat Wilson, J. M.
Grahl Grantham Greer Hamilton Harris, J. F. Harris, J. R Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Hudson Hutchinson Irvin, J. Irvin, R. Jessup Jones King Knight Lambert Lane, D. Lane, W. J. Lee, W. S.

3602
Levitas Logan Lowrey Mason Matthews, C. McDonald Miles Morgan Moyer Mulherin Mullinax Noble Northcutt Odom Oxford Patterson

JOURNAL OF THE HOUSE,

Pearce Peters Petro Pinkston Reaves Ritchie Roach Rogers Ross Russell, J. Sams Shanahan Smith, J. R. Smith, V. B. Snow Stephens

Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Willis Wilson, M. L.

Those not voting were Messrs.:

Adams, J. Bailey Bos tick Egan Bllis Farrar Groover Harrington Howell Johnson Keyton Larsen, G. K.

Lee, W. J. Lewis Matthews, D. R. Mauldin McCracken McKinney Milford Murphy Nessmith Phillips, G. S. Phillips, L. L.

Rush Russell, W. D. Shepherd Strickland Townsend Wheeler, B. Wheeler, J. A. Whitmire Williams Wood Mr. Speaker

On the adoption of the amendment, the ayes were 27, nays 119.

The amendment was lost.

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

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 Carr Carrell Castleberry 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
Evans
Ezzard
Floyd, J. H.
Floyd, L. R.
Foster
Fraser
Geisinger

FRIDAY, MARCH 16, 1973

3603

Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Hill, G. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Jones Jordan King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Le vitas Logan Lowrey Marcus
Mason
Matthews, C.
Matthews, D. R.
McDaniell
McDonald
McKinney
Miles
Milford
Morgan
Moyer
Mulherin

Mullinax Murphy Nessmith Nix Noble Oxford Pattern, G. C. Patterson Pearce Peters Petro Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Thomason Thompson Toles Townsend Triplett Tucker Turner
Twiggs
Waddle
Walker
Wall
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Willis
Wilson, J. M.
Wilson, M. L.

Those voting in the negative were Messrs.:

Alexander, W. M. Carlisle

Horton, W. L.

Lee, W. S.

3604

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bailey Bray Chance Collins, M. Daugherty Ellis Farrar Hamilton Hawes Howell Irwin, J. R.

Johnson Keyton Lee, W. J. (Bill) Lewis Mauldin McCracken Northcutt Odom Patten, R. L. Phillips, G. S.

Phillips, L. L. Russell, W. D.
Savage Strickland Sweat Vaughn Whitmire Williams Wood Mr. Speaker

On the adoption of the Resolution, the ayes were 145, nays. 4.

The Resolution, having received the requisite 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 48. By Messrs. Morgan of the 70th, Vaughn of the 57th, Harris of the 51st, and others: A Bill 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.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House, to-wit:
HB 176. By Mr. Greer of the 43rd: A Bill to provide credit for prior service to general employees and teacher members of pension systems of Cities of more than 200,000 population under certain circumstances.
The President has appointed on the part of the Senate the following Senators: Johnson of the 38th, Stephens of the 36th, and Coggin of the 35th.

FRIDAY, MARCH 16, 1973

3605

The following Resolution of the House was taken up for the purpose of con sidering the Senate amendment thereto:

HR 417. By Messrs. Smith of the 91st and Busbee of the 114th: A Resolution relative to adjournment; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HR 417 by deleting "5:00 o'clock" and inserting in lieu thereof "6:00 o'clock".

The following House amendment to the Senate amendment was read and adopted:
Mr. Busbee of the 114th moves to amend the Senate amendment to HR 417 by deleting "6:00 o'clock" and substituting "7:00 o'clock".

Mr. Busbee of the 114th moved that the House agree to the Senate amendment to HR 417, as amended by the House.

The motion prevailed and the Senate amendment, as amended by the House, to HR 417 was agreed to.

The following Bills of the House were taken up for the purpose of considering the Senate substitute and amendments thereto:

HB 915. By Messrs. Matthews of the 122nd, Rush of the 104th, Wheeler of the 13th and others:
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.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 26-12, relating to abortion, by repealing it in its entirety and inserting in lieu thereof a definition of criminal abortion; to provide for exceptions thereto; to provide who may perform abortions; to provide that abortions after the

3606

JOURNAL OF THE HOUSE,

first trimester must be performed in a hospital or other licensed health facility; to provide that abortion after the second trimester may be per formed to save the life and health of the woman where same is necessary in a physician's and two consultants' judgment; to provide for medical aid to product of abortion if capable of meaningful or sustained life; to provide for reporting of statistical data to the Department of Human Resources and access to hospital and other licensed health facility records by the District Attorney; to provide that any hospital or other medical facility or physician may refuse to admit any patient for the purpose of performing an abortion; to provide that any person who states in writing an objection to any abortion shall not be required to participate in the procedures which will result in such abortion; to provide that such re fusal shall not be the basis for any claim for damages; to provide for penalties; to amend Code Title 88, known as the "Georgia Health Code", as amended, so as to authorize the Department of Human Resources to promulgate and enforce rules and regulations for licensing of medical facilities wherein abortion procedures under 26-1202 (b) and (c) are to be performed; to provide for the dissemination of certain education in formation and medical supplies and treatment in order to prevent un wanted pregnancy; to provide for severability; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other
purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Chapter 26-12, relating to abortion, is hereby amended by striking said Code Chapter in its entirety and inserting in lieu thereof a new Code Chapter 26-12, to read as follows:

"CHAPTER 26-12. Abortion.

26-1201. Criminal Abortion. Except as otherwise provided in Section 26-1202, a person commits criminal abortion when he or she administers any medicine, drugs, or other substance whatever to any woman or when he or she uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion.

26-1202. Exceptions, (a) Nothing in this Chapter shall be con strued to prohibit an abortion performed by a physician duly licensed to practice medicine and surgery pursuant to Chapter 84-9 of the Code of Georgia of 1933, as amended, based upon his best clinical judgment that an abortion is necessary.

(b) No abortion is authorized or shall be performed after the first trimester unless the abortion is performed in a licensed hospital or in a health facility licensed as an abortion facility by the Georgia Department of Human Resources.

(c) No abortion is authorized or shall be performed after the second trimester unless the physician and two consulting physicians certify that said abortion is necessary in their best clinical judgment

FRIDAY, MARCH 16, 1973

3607

to preserve the life or health of the woman. If the product of such abortion is capable of meaningful or sustained life, medical aid then available must be rendered.

(d) The performing physician shall file with the Commissioner of Human Resources, within ten days after an abortion procedure is performed, a certificate of abortion containing such statistical data as is determined by the Department of Human Resources con sistent with preserving the privacy of the woman. Hospital or other licensed health facility records shall be available to the District Attorney of the judicial circuit in which the hospital or health facil ity is located.

(e) Nothing in this Chapter shall require a hospital or other medical facility or physician to admit any patient under the pro visions hereof for the purpose of performing an abortion. In addi tion, any person who shall state in writing an objection to any abor tion or all abortions on moral or religious grounds shall not be re quired to participate in procedures which will result in such abortion, and the refusal of such person to participate therein, shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person. The written objection shall remain in effect until such person shall revoke it or terminate his association with the facility with which it is filed.

26-1203. Failure to File. A person who fails to file or maintain, in complete form, any of the written reports required in this Chapter within the time set forth shall commit a misdemeanor.

26-1204. Punishment. A person convicted of criminal abortion shall be punished by imprisonment for not less than one nor more than ten years, except that a person convicted of failure to file the forms and records required by this Chapter shall be punished under 26-1203."

Section 2. Code Title 88, known as the "Georgia Health Code", as amended, is hereby amended by adding a new subsection at the end of Code Section 88-108, to be designated subsection (k), to read as follows:

"(k) Promulgate and enforce rules and regulations for the li censing of medical facilities wherein abortion procedures under 26-1202 (b) and (c) are to be performed, and further to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy."

Section 3. Said Code Title 88 is further amended by adding a new paragraph at the end of subsection (a) of Code Section 88-1901, to be designated paragraph (3), to read as follows:

"(3) Any health facility wherein abortion procedures under 26-1202 (b) and (c) are performed or are to be performed."

3608

JOURNAL OF THE HOUSE,

Section 4. An Act entitled "An Act to amend Code Chapter 26-11, relating to the crimes of abortion, foeticide, and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; to repeal conflicting laws; and for other purposes.", which became law without the approval of the Governor (Ga. Laws 1968, p. 1342), is hereby repealed in its entirety.

Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, 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 un constitutional.

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Matthews of the 122nd moved that the House disagree to the Senate substitute to HB 915.

The motion prevailed and the Senate substitute to HB 915 was disagreed to.

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 initiat ing action concerning any child whose custody is the subject of con troversy; and for other purposes.

The following Senate amendments were read:
The Senate Committee on Judiciary offers the following amendment:
Amend HB 48 by striking the language and punctuation on page 7, lines 17 through 25, and by inserting in lieu thereof the following:
"that (i) the child committed the delinquent act alleged, (ii) the child is not amenable to treatment or rehabilitation through available

FRIDAY, MARCH 16, 1973

3609

facilities, (iii) the child is not committable to an institution for the mentally retarded or mentally ill, and (iv) the interests of the child and the community require the child be placed under legal restraint and the transfer should be made; and"

Senator Webb of the llth moves to amend HB 48 by striking from lines 115 through 118 on page 3 the phrase, "except that as of July 1, 1974 and thereafter, it shall mean any individual who is under the age of 18",

and by striking from lines 121 and 122 on page 3 the parenthetical phrase, "(18 years as of July 1, 1974, and thereafter)"

and by striking from line 240 on page 6 the parenthetical phrase "(18 years as of July 1, 1974 and thereafter)"

and by striking from line 292 on page 8 the parenthetical phrase "(18 years of age after July 1, 1974)"

and by striking from line 345 on page 9 the parenthetical phrase "(18 years of age after July 1, 1974)".

Mr. Morgan of the 70th moved that the House agree to the Senate amend ments to HB 48.

On the motion, the ayes were 122, nays 0.

The motion prevailed and the Senate amendments to HB 48 were agreed to.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 42. By Senator Smalley of the 28th:
A Bill to amend 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; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 137, nays 0.

3610

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

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, as amended, so as to change the provisions relative to the mandatory retirement age of certain members; and for other purposes.

The following amendment was read and adopted: Mr. McDonald of the 12th moves to amend SB 43 by adding at the
end of line 23, page 3 of Section 1, the following: "Nor shall it apply to the Division of Investigation.".
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 Bailey Beckham Bennett Berlin Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle

Carr Carrell Castleberry Chance Clark Cole 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, L. R. Foster Fraser Grahl Grantham Greer Hamilton Harden Harrington Harris, J. R. Harrison Hays Horton, G. T. Howard Howell 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. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles

FRIDAY, MARCH 16, 1973

3611

Milford Morgan Moyer Mulherin Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, L. L. Pinkston Rainey Roach Rogers Ross Rush Russell, J. Russell, W. D.

Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Dean, J. E.

Wall

Williams

Those not voting were Messrs.:

Atherton
Berry Bostick Bray Burruss Coleman Collins, M. Collins, S. Ellis Ezzard Floyd, J. H. Geisinger

Gignilliat Groover Harris, J. F. Hawes Hill, B. L. Hill, G. Horton, W. L. Knight Larsen, W. W. McCracken Mullinax Noble

Pearce Phillips, G. S. Reaves Ritchie Savage Strickland Thomason Townsend Wamble Wilson, M. L. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 142, nays 3.

The Bill, having received the requisite constitutional majority, was passed, as amended.

3612

JOURNAL OF THE HOUSE,

Mr. Murphy of the 18th asked unanimous consent that the House reconsider its action in passing SB 43, as amended.

The consent was granted.

SB 43 was again taken up for consideration.

The McDonald amendment, previously adopted, was removed by unanimous consent.

On the re-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 Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman

Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dollar Dorminy Duke Edwards Egan Elliott Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Hamilton Harden Harrington Harris, J. R. Harrison Hays

Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King 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 McKinney Miles

Milford Morgan Moyer Mulherin Murphy Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Pinkston Rainey

FRIDAY, MARCH 16, 1973

3613

Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat

Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Ware Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Dean, N. Dixon

Lane, W. J. Wall

Williams

Those not voting were Messrs.:

Bray Burruss Carrell Collins, M. Daugherty Ellis Floyd, J. H. Gignilliat Groover Harris, J. F. Hawes Hill, B. L.

Horton, W. L. Knight Larsen, W. W. McCracken McDaniell McDonald Mullinax Nessmith Noble Peters Petro

Phillips, G. S. Phillips, L. L. Reaves Savage Strickland Thomason Townsend Triplett Wamble Wheeler, Bobby Mr. Speaker

On the re-passage of the Bill, the ayes were 141, nays 5.

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 substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

3614

JOURNAL OF THE HOUSE,

HB 192. By Mr. Buck of the 87th:
A Bill to amend an Act establishing the Employees' Retirement System, so as to eliminate the requirements for maintaining an annuity reserve fund and pension reserve fund.

The Senate insists on its substitute to the following Bill of the House, to-wit:

HB 915. By Messrs. Matthews of the 122nd, Rush of the 104th, Wheeler of the 13th, Toles of the 16th, and others:
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.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 maintaining an annuity reserve fund and pension reserve fund; and for other pur poses.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act establishing an Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to change the limitation on refund payback; to elimi nate the requirements for maintaining an annuity reserve fund and a pension reserve fund; to transfer the monies from such funds to the pension accumulation fund; to clarify certain obligations of the pension accumulation fund; to renumber certain subsections; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing an Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is here by amended by striking the word "two" from subsection (12) of Section 4 and inserting in lieu thereof the word "three" so that when so amended, subsection (12) of Section 4 shall read as follows:

FRIDAY, MARCH 16, 1973

3615

"(12) Any current member having previously withdrawn his contributions not more than three times from the Employees' Retire ment System and/or the Teachers' Retirement System of Georgia, may, after five (5) years' active service as a contributing member, reestablish such creditable service as he would have been eligible for as a member of either System had he not withdrawn his contribu tions, upon his payment into the System a sum equal to the amount withdrawn from either System, plus regular interest at the rate of four and one-fourth percent (4V4%) per annum from the date of his withdrawal to the date of repayment, and such interest shall be placed in the Pension Accumulation Fund. For any member having repaid into the Employees' Retirement System contributions pre viously withdrawn from the Teachers' Retirement System, a com parable employer contribution shall be paid to the Employees' Re tirement System by the Teachers' Retirement System, plus accrued interest thereon, upon receipt of notice from this System."

Section 2. Said Act is further amended by striking in its entirety the first paragraph of Section 8, and substituting in lieu thereof the following:
"All the assets of the retirement system shall be credited ac cording to the purpose for which they are held among three funds to be known as the annuity savings fund, the pension accumulation fund, and the expense fund."
Section 3. Said Act is further amended by striking in its entirety paragraph (d) of subsection (1) of Section 8 and substituting in lieu thereof a new paragraph (d) to read as follows:
"(d) The accumulated contributions of a member withdrawn by him, or payable in the event of his death, shall be paid from the annuity savings fund. Upon the retirement of a member, his ac cumulated contributions shall be transferred from the annuity sav ings fund to the pension accumulation fund."
Section 4. Said Act is further amended by striking in its entirety subsection (2) of Section 8.
Section 5. Said Act is further amended by striking the first para graph of subsection (3) of Section 8, and inserting in lieu thereof the following:
"Pension accumulation fund. The pension accumulation fund shall be the fund in which shall be held the reserves on all annuities in force and from which shall be paid all annuities, and all benefits in lieu of annuities payable as provided in this Act. Should a bene ficiary be restored to membership, his annuity reserve shall be trans ferred from the pension accumulation fund to the annuity savings fund and credited to his individual account therein. The pension ac cumulation fund shall also be the fund in which shall be accumulated all reserves for the payment of all pensions and other benefits pay-

3616

JOURNAL OF THE HOUSE,
able from contributions made by employers and from which shall be paid all such pensions and other benefits, as follows:".
Section 6. Said Act is further amended by striking paragraph (e) of subsection (3) of Section 8 in its entirety and substituting in lieu thereof a new paragraph (e) to read as follows:
"(e) All interest and dividends earned on the funds of the re tirement system shall be credited to the pension accumulation fund. Once each year the board of trustees shall transfer from the pension accumulation fund to the annuity savings fund, such amounts as are sufficient to allow regular interest on the balances of the individual accounts of members in the annuity savings fund."
Section 7. Said Act is further amended by striking in its entirety paragraph (f) of subsection (3) of Section 8.
Section 8. Said Act is further amended by striking in its entirety subsection (4) of Section 8.
Section 9. Said Act is further amended by striking Section 11 in its entirety and substituting in lieu thereof a new Section 11 to read as follows:
"Section 11. Guaranty. The maintenance of annuity reserves and pension reserves as provided in this Act, the crediting of regular interest to the annuity savings fund as provided in Section 8 of this Act, and the payment of all pensions, annuities, retirement allow ances, refunds and other benefits granted under the provisions of this Act, are hereby made obligations of the pension accumulation fund. All assets of the pension accumulation fund, and all income, interest and dividends derived from deposits and investments shall be used for the payment of said obligations and for no other pur poses."
Section 10. Said Act is further amended by renumbering subsec tions (3), (5), (6), (7), (8) and (9) of Section 8 of said Act, as sub sections (2), (3), (4), (5), (6) and (7), respectively.
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Buck of the 87th moved that the House agree to the Senate substitute to HB 192.

On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, MARCH 16, 1973

3617

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 Brantley, H. H. 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, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan

Evans Floyd, J. H. Floyd, L. R. Foster Geisinger Grahl Grantham Greer Hamilton Harden Harrington Harrison Hays Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. 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. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan

Moyer Mulherin Murphy Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Pinkston Rainey Ritchie Roach Rogers Ross 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 Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Voting in the negative was Mr. Beckham

3618

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Atherton Bray Burruss Carrell Dean, J. E. Elliott Ellis Ezzard Farrar Fraser Gignilliat Groover

Harris, J. F. Harris, J. R. Hawes Hill, B. L. Hill, G. Horton, W. L. Jordan Knight Lambert McCracken Mullinax Noble

Pearce Phillips, G. S. Phillips, L. L. Reaves Savage Strickland Thomason Thompson Town send Wamble Mr. Speaker

On the motion, the ayes were 144, nays 1.

The motion prevailed and the Senate substitute to HB 192 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 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.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 102 as follows:
On Page 1, Line 13, by striking the word "such".
On Page 1, Line 14, add a period after the word "nature" and on Lines 14, 15, 16, 17, 18 and 19, strike the words after the word "nature" as follows:
"as were formerly exercised by the chairman of the board of commissioners of such county or by the board of commissioners. The board of commissioners of any county of the State or the General Assembly may also vest in such office such additional powers, duties and responsibilities as it shall deem advisable."

FRIDAY, MARCH 16, 1973

3619

On Page 1, Line 20, add a "," after the word qualifications.

On Page 1, Line 23, by striking the words "by the General Assembly or" and inserting in lieu thereof the word "by".

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 Beckham 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 Cole Coleman Coney Connell Daugherty Davis, E. T. Dean, Gib

Dean, N. Dickey Dixon Dollar Dorminy Edwards Egan Evans Farrar Floyd, J. H. Foster Fraser Geisinger Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Howell Hutchinson Irvin, R. Irwin, J. R.
Jessup Johnson Jones Jordan Keyton King 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 Milford Morgan Moyer Mullinax Murphy Nessmith Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Shanahan

3620
Shepherd Smith, J. R. Smith, V. B. Snow Sweat Thompson Toles Triplett

JOURNAL OF THE HOUSE,

Tucker 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.:

Alexander, W. M. Collins, S. Colwell Davis, W. Dean, J. E.

Dent Floyd, L. R. Howard Hudson Miles

Sams Stephens Twiggs Willis Wilson, J. M.

Those not voting were Messrs.:

Bennett Bray Collins, M. Duke Elliott Ellis Ezzard Gignilliat Grahl Grantham Groover

Hawes Hill, G. Horton, W. L. Irvin, J. Knight Larsen, G. K. Matthews, D. R. McCracken Mulherin Nix Noble

Peters Phillips, G. S. Phillips, L. L. Rainey Russell, W. D. Savage Strickland Thomason Townsend 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.

SB 167. By Senator Broun of the 46th:
A Bill 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.

Mr. Colwell of the 4th moved that SB 167 be placed on the table.

The motion prevailed and SB 167 was tabled.

FRIDAY, MARCH 16, 1973

3621

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 784. By Messrs. Howard of the 19th, Pinkston of the 89th, Groover of the 75th and others:
A Bill to repeal Chapter 61-4 of the Code; to provide procedure for distress warrants; and for other purposes.

The following Senate amendment was read:
Senator Howard of the 42nd moves to amend HB 784 by striking from line 20, page 7, the words "of such property" and substituting therefor the words "of the rent alleged by the landlord to be due".

Mr. Howard of the 19th moved that the House agree to the Senate amendment to HB 784.

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 Atherton Bailey Beckham Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, S. P. Burruss Busbee Carlisle Carr Carrell Castleberry Chance Cole Coleman Collins, S. Colwell Coney

Connell Davis, E. T. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Evans Farrar Floyd, J. H. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Harden Harris, J. F. Harris, J. R.

Harrison 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.

3622
Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom

JOURNAL OF THE HOUSE,

Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Pinkston Rainey Reaves Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow

Sweat Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood

Those voting in the negative were Messrs.:

Alexander, W. H. Berlin Bond Brown, B. D. Clark

Daugherty Elliott Hamilton Hill, B. L.

Horton, G. T. Larsen, G. K. McKinney Thompson

Those not voting were Messrs.:

Alexander, W. M. Bennett Berry Blackshear Bray Brown, C. Buck Burton Collins, M. Davis, W. Dean, J. E.

Ellis Ezzard Floyd, L. R. Groover Harrington Hawes Matthews, D. R. McCracken McDonald Murphy Pearce

Phillips, G. S. Phillips, L. L. Ritchie Roach Savage Stephens Strickland Thomason Townsend Wheeler, J. A. Mr. Speaker

On the motion, the ayes were 134, nays 13.

The motion prevailed and the Senate amendment to HB 784 was agreed to.

Mr. Matthews of the 62nd moved that the House reconsider its action pre-

FRIDAY, MARCH 16, 1973

3623

viously rejecting the report of the Committee of Conference on the following Bill of the House:

HB 933. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th:
A Bill to amend Code Section 40-1801, relating to the creation of the De partment of Audits and Accounts and the office of State Auditor, so as to provide that said department shall be a part of the Legislative Branch of Government; and for other purposes.

On the motion to reconsider the rejection of the report, the ayes were 77, nays 80.

The motion was lost.

Due to mechanical failure, the roll call could not be verified.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 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.
The Senate has agreed to the House amendment to the Senate amendment to the following Resolution of the House, to-wit:

HR 417. By Messrs. Smith of the 91st and Busbee of the 114th: A Resolution relative to adjournment; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

3624

JOURNAL OF THE HOUSE,

HB 915. By Messrs. Matthews of the 122nd, Rush of the 104 and others:
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.

Mr. Wheeler of the 13th moved that the House recede from its position in disagreeing to the Senate substitute to HB 915.

The motion prevailed and the House receded from its position in disagreeing to the Senate substitute to HB 915.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 26-12, relating to abortion, by repealing it in its entirety and inserting in lieu thereof a definition of criminal abortion; to provide for exceptions thereto; to pro vide who may perform abortions; to provide that abortions after the first trimester must be performed in a hospital or other licensed health facility; to provide that abortion after the second trimester may be per formed to save the life and health of the woman where same is necessary in a physician's and two consultants' judgment; to provide for medical aid to product of abortion if capable of meaningful or sustained life; to provide for reporting of statistical data to the Department of Human Resources and access to hospital and other licensed health facility records by the District Attorney; to provide that any hospital or other medical facility or physician may refuse to admit any patient for the purpose of performing an abortion; to provide that any person who states in writing an objection to any abortion shall not be required to participate in the procedures which will result in such abortion; to provide that such re fusal shall not be the basis for any claim for damages; to provide for penalties; to amend Code Title 88, known as the "Georgia Health Code", as amended, so as to authorize the Department of Human Resources to promulgate and enforce rules and regulations for licensing of medical facilities wherein abortion procedures under 26-1202 (b) and (c) are to be performed; to provide for the dissemination of certain education in formation and medical supplies and treatment in order to prevent un wanted pregnancy; to provide for severability; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 26-12, relating to abortion, is hereby amended by striking said Code Chapter in its entirety and inserting in lieu thereof a new Code Chapter 26-12, to read as follows:

FRIDAY, MARCH 16, 1973

3625

"CHAPTER 26-12. Abortion.

26-1201. Criminal Abortion. Except as otherwise provided in Section 26-1202, a person commits criminal abortion when he or she administers any medicine, drugs, or other substance whatever to any woman or when he or she uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion.

26-1202. Exceptions, (a) Nothing in this Chapter shall be con strued to prohibit an abortion performed by a physician duly licensed to practice medicine and surgery pursuant to Chapter 84-9 of the Code of Georgia of 1933, as amended, based upon his best clinical judgment that an abortion is necessary.

(b) No abortion is authorized or shall be performed after the first trimester unless the abortion is performed in a licensed hospital or in a health facility licensed as an abortion facility by the Georgia Department of Human Resources.

(c) No abortion is authorized or shall be performed after the second trimester unless the physician and two consulting physicians certify that said abortion is necessary in their best clinical judgment to preserve the life or health of the woman. If the product of such abortion is capable of meaningful or sustained life, medical aid then available must be rendered.

(d) The performing physician shall file with the Commissioner of Human Resources, within ten days after an abortion procedure is performed, a certificate of abortion containing such statistical data as is determined by the Department of Human Resources consistent with preserving the privacy of the woman. Hospital or other licensed health facility records shall be available to the District Attorney of the judicial circuit in which the hospital or health facility is located.

(e) Nothing in this Chapter shall require a hospital or other medical facility or physician to admit any patient under the pro visions hereof for the purpose of performing an abortion. In addi tion, any person who shall state in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to participate in procedures which will result in such abor tion, and the refusal of such person to participate therein, shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person. The written objection shall remain in effect until such person shall revoke it or terminate his association with the facility with which it is filed.
26-1203. Failure to File. A person who fails to file or maintain, in complete form, any of the written reports required in this Chapter within the time set forth shall commit a misdemeanor.
26-1204. Punishment. A person convicted of criminal abortion

3626

JOURNAL OF THE HOUSE,

shall be punished by imprisonment for not less than one or more than ten years, except that a person convicted of failure to file the forms and records required by this Chapter shall be punished under 26-1203."

Section 2. Code Title 88, known as the "Georgia Health Code", as amended, is hereby amended by adding a new subsection at the end of Code Section 88-108, to be designated subsection (k), to read as follows:

"(k) Promulgate and enforce rules and regulations for the li censing of medical facilities wherein abortion procedures under 26-1202 (b) and (c) are to be performed, and further to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy."

Section 3. Said Code Title 88 is further amended by adding a new paragraph at the end of subsection (a) of Code Section 88-1901, to be designated paragraph (3), to read as follows:

"(3) Any health facility wherein abortion procedures under 26-1202 (b) and (c) are performed or are to be performed."

Section 4. An Act entitled "An Act to amend Code Chapter 26-11, relating to the crimes of abortion, foeticide, and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; to repeal conflicting laws; and for other purposes.", which became law without the approval of the Governor (Ga. Laws 1968, p. 1342), is hereby repealed in its entirety.

Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, 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 un constitutional.

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Wheeler of the 13th moved that the House agree to the Senate substitute.

On the motion to agree, the roll call was ordered and the vote was as follows:

FRIDAY, MARCH 16, 1973

3627

Those voting in the affirmative were Messrs,:

Adams, G. D. Adams, Marvin Alexander, W. H. Alien Bailey Beckham Bennett Berry Blackshear Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carr Carrell Chance 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 Egan Elliott Farrar Floyd, J. H. Fraser Geisinger

Gignilliat Grahl Grantham Hamilton Harden Harrington Harris, J. F. 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 Keyton Knight Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas 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. Peters Petro Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Thompson Toles Triplett Tucker Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Berlin Carlisle

Floyd, L. R. King

Patterson Stephens

3628

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, J. H. Adams, John Alexander, W. M. Atherton Bohannon Burruss Castleberry Dean, J. E. Dickey Edwards Ellis
Evans

Ezzard Foster Greer Groover Harris, J. R. Hill, G. Jordan Lambert Larsen, G. K. Larsen, W. W. Mason McCracken

Pearce Phillips, G. S. Phillips, L. L. Strickland Sweat Thomason Townsend Turner Vaughn Wilson, M. L. Mr. Speaker

On the motion to agree, the ayes were 139, nays 6.

The Senate substitute to HB 915 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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 for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, 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 or agents of the Georgia Bureau of Investigation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by striking paragraph (b) of subsection (3) of Sec-

FRIDAY, MARCH 16, 1973

3629

tion 5 in its entirety and inserting in lieu thereof a new paragraph (b) of subsection (3) of Section 5, to read as follows:

"(b) Any member in service may be retired by the board of trustees on a disability allowance upon written application to the board of trustees made by such member or his employer, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof; provided such member has 15 or more years of creditable service, and provided the medical board, after a medical examination of such member, shall certify that he is mentally or physically incapacitated for further performance of duty in the position he occupied at the time the disability originated, and that such incapacity is likely to be permanent and that he should be retired.

Provided, however, that any member of the Uniform Division of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation who, as a contributing member of this system, and who, upon becoming permanently disabled due to an act of external violence or injury incurred in line of duty, be comes eligible for disability retirement allowances shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be en titled to a monthly allowance as computed on the member's life expectancy and such monthly allowance shall be payable to the member during his life or length of disability, but such disability allowance shall not exceed 80 percent of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his permanent dis ability occurred; provided, further, such permanent disability retire ment shall apply regardless of the length of service of any such member; and, further, such member shall be deemed to have acquired 30 or more years of creditable service. In addition, a member so disabled in the line of duty shall receive a monthly supplemental benefit which shall be in the amount of $5 per month for each year of creditable service as a member of the Uniform Division of the Department of Public Safety or as an officer or agent of the Georgia Bureau of Investigation. Such additional monthly supplemental bene fit shall in no event exceed $150 per month.
In lieu of the foregoing, any member so disabled in the line of duty shall be entitled to receive a minimum monthly disability retire ment benefit equal to 2 percent of his monthly earnable compensation for the month in which his permanent disability occurred for each year of creditable service determined as though he had continued in the Uniform Division of the Department of Public Safety or as an officer or agent of the Georgia Bureau of Investigation until his mandatory retirement age.

Any other provisions of law to the contrary notwithstanding, if any member of the Uniform Division of the Department of Public Safety or any officer or agent of the Georgia Bureau of Investigation

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JOURNAL OF THE HOUSE,

was receiving disability retirement benefits as a result of an act of external violence or injury incurred in the line of duty, then his widow, at the time of his death, shall receive an allowance until her death or remarriage which shall be equal to the allowance she would have received had her husband been retired under the provisions of Option #2 as provided in Section 5, subsection (8) of this Act."

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. Murphy of the 18th moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 154, nays 1.

The Senate substitute to HB 6 was agreed to.

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 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.

The Senate has rejected the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 89. By Messrs. Howell of the 118th, Bray of the 66th, and others:
A Bill 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.

FRIDAY, MARCH 16, 1973

3631

The following Bill of the House was taken up for the purpose of considering the previous adoption of the report of the Committee of Conference thereon:

HB 89. By Messrs. Howell of the 118th, Bray of the 66th and others:
A Bill to be entitled an Act to amend Title 34 of the Code, relating to elections, so as to change the date upon which the general primary is held; and for other purposes.

Mr. Howell of the 118th moved that the House reconsider its action in adopting the report of the Committee of Conference on HB 89.

The motion prevailed and the House reconsidered its action in adopting the report of the Committee of Conference on HB 89.

Mr. Howell of the 118th moved that the House recede from its position in disagreeing to the Senate substitute to HB 89.

The motion prevailed and the House receded from its position in disagreeing to the Senate substitute to HB 89.
The following Senate 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 provide for a presidential preference primary; to provide certain procedures relative to the selec tion 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 repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Title 34 of the Code of Georgia, relating to elections, as amended, is hereby amended by 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 PRIMARY
34-1001A. This Chapter shall be known and may be cited as the 'Georgia Presidential Preference Primary Law'.

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JOURNAL OF THE HOUSE,

34-1002A. Each political party and body which had cast for its candidate for President and Vice President in the last presidential election more than 20% of the total vote cast for President and Vice President in the State shall elect on the third Tuesday in March in 1976, and on the third Tuesday in March every four (4) years there after, one person to be the candidate for nomination by his party or body for the office of President of the United States.

34-1003A. The name of any candidate for a political 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 Sec retary of State, the Speaker of the House of Representatives, the Ma jority Leader 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 Jan uary 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 pres idential preference primary in this State. The Secretary of State shall submit such list of names of potential presidential candidates to the selection committee during the third week in January of the year a presidential preference primary is held. The selection com mittee shall meet in Atlanta during the fourth week in January of the year in which 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 com mittee 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 presiden tial candidates who shall appear on the presidential primary ballot to the Secretary of State no later than February 1 of the year a presidential preference primary is held. Not later than February 5 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 notifica tion 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 February 10 of each year a presidential prefer
ence primary is held, that his name be placed on the ballot. Not earlier than February 10, nor later than February 15, 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

FRIDAY, MARCH 16, 1973

3633

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 whether or not his name will appear on the ballot.

34-1004A. A candidate's name shall be printed on the appropri ate primary ballot unless he submits to the Secretary of State by noon, February 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 con vention of his political party or body. If a candidate withdraws pur suant 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 pres idential preference primary, shall establish procedures to be followed in the selection of delegates and delegate alternates to the nominat ing convention of the political party or body.

34-1006A. Any person selected as a delegate or delegate alter nate 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 support. 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 pres idential candidate withdraws after being entitled to delegate votes pursuant to this Chapter shall be an unpledged delegate to the na tional 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 dele gates and delegate alternates to the national nominating 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 Ex ecutive Committee shall be sent to the Secretary of State within seven (7) days after its adoption to become a public record.

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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 Stateat-large and from each congressional district. At least sixty-six and two-thirds percent (66%%) of all delegates shall be elected on a congressional district basis, with each congressional district having proportionately the same number of delegates as shall be mathema tically 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 dele gate votes from such congressional district. The presidential candi date receiving the highest number of Statewide votes shall receive all Statewide delegate votes."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Howell of the 118th moved that the House agree to the Senate substitute.

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, J. H. Adams, John Alexander, W. M. Alien Atherton Bailey Bennett Berlin Berry Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carr Castleberry Chance Cole Collins, M. Colwell

Coney Connell Davis, E. T. Davis, W. Dent Dollar Dorminy Duke Edwards Egan Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Harden Harrington Harris, J. F. Harrison Hawes Hays Howard Howell Hudson

Hutchinson Irwin, J. 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. McDaniell McKinney Miles

Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters

FRIDAY, MARCH 16, 1973

3635

Pinkston Rainey Ritchie Rogers Ross Rush Russell, J. Russell, W. D. Shanahan Snow Thompson Toles Triplett Tucker

Turner Twiggs Vaughn Waddle Walker Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood

Those voting in the negative were Messrs.

Adams, Marvin Beckham Bond Carlisle Carrell Clark Coleman Collins, S. Dean, N.

Dixon Geisinger Horton, G. T. Horton, W. L. Irvin, R. Jessup Mauldin McDonald Milford

Murphy Petro Roach Sams Smith, J. R. Smith, V. B.
Sweat Thomason Wall

Those not voting were Messrs.:

Alexander, W. H. Blackshear Bohannon Brown, B. D. Buck Daugherty Dean, Gib Dean, J. E. Dickey Elliott Ellis Evans

Ezzard Farrar Floyd, J. H. Groover Hamilton Harris, J. R. Hill, B. L. Hill, G. Irvin, J. Lewis McCracken Patten, G. C.

Phillips, G. S. Phillips, L. L. Reaves Savage Shepherd Stephens Strickland Townsend Wheeler, Bobby Wheeler, J. A. Wilson, M. L. Mr. Speaker

On the motion to agree, the ayes were 119, nays 27.

The Senate substitute to HB 89 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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JOURNAL OF THE HOUSE,

HB 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; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Economy, Reorganization and Efficiency in Government moves to amend HB 593 by adding on page 1, line 21, after the word "Commissioner" the following:
"and are subject to the direct security control of Revenue De partment personnel during subject periods of access.";
and,
On page 1, line 23, after the word "same" adding the following:
"civil and"

Mr. Wamble of the 120th moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 139, nays 0.

The Senate amendment to HB 593 was agreed to.

The following Resolutions of the House were read and adopted:

HR 380. By Messrs. Matthews of the 62nd, Bennett of the 124th and others:
A RESOLUTION
Creating the Educational Benefits for Veterans Study Committee; and for other purposes.
WHEREAS, bills are pending in the House of Representatives that would provide educational benefits for certain veterans and the de pendents of veterans; and
WHEREAS, a thorough study of such proposed legislation-should

FRIDAY, MARCH 16, 1973

3637

be made to determine the costs of such proposals in relationship to the expected benefits therefrom; and

WHEREAS, such study should also include a review of Federal educational benefits for veterans and how a proposed State program could be coordinated with such Federal benefits.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Educational Benefits for Veterans Study Committee to be composed of ten members as follows: the Chairman and one other member of the Appropriations Committee appointed by the Chairman; the Chairman and one other member of the Defense and Veterans Affairs Committee appointed by the Chairman; the Chairman and one other member of the Education Committee appointed by the Chairman; the Chairman and one other member of the University System of Georgia Committee appointed by the Chairman; and the Chairman and one other member of the Ways and Means Committee appointed by the Chairman; provided, however, the Chairman of the aforesaid committees shall have the right to designate a member of their respective committees to serve on the committee in lieu of the Chairman. At its organizational meeting, the Committee shall elect a Chairman and such other officers from its own membership as it deems appropriate. The Speaker of the House shall call the organizational meeting of the Committee.

BE IT FURTHER RESOLVED that the Committee shall be au thorized to make such studies and investigations as may be necessary to determine the fiscal impact of any proposed legislation providing educational benefits for veterans and the dependents of veterans and such other matters relative to such proposed legislation as the Com mittee shall deem necessary or advisable.

BE IT FURTHER RESOLVED that each member of the Commit tee shall be authorized to receive the expenses and allowances provided by law for members of legislative interim committees for attending meetings of the Committee or a subcommittee thereof.

BE IT FURTHER RESOLVED that the Committee shall be au thorized to meet for such number of days as the Speaker of the House shall approve.

BE IT FURTHER RESOLVED that the Committee shall stand abolished as of the day the General Assembly convenes in regular ses sion in January, 1974.

HR 381. By Messrs. Howard of the 19th, Nix of the 20th and others: A RESOLUTION
Commending Miss Melody Lee Knighton; and for other purposes. WHEREAS, on Saturday, March 10, 1973, Miss Melody Lee Knigh-

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JOURNAL OF THE HOUSE,

ton, the daughter of Mr. and Mrs. W. V. Knighton of Powder Springs, was crowned "Miss Cedar Valley 1973"; and

WHEREAS, she is a graduate of McEachern High School in Powder Springs and is a sophomore majoring in speech and drama at Kennesaw Junior College; and

WHEREAS, in addition to her title as Miss Cedar Valley 1973, Miss Knighton was Miss Southern Tech of 1972, Miss Cbosa Valley of 1971 and Miss Georgia Queen of Posture in 1970.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recognize and commend Miss Melody Lee Knighton on her selection as "Miss Cedar Valley 1973".

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 Melody Lee Knighton and to her parents, Mr. and Mrs. W. V. Knighton.

HR 382. By Messrs. Moyer of the 99th, Ross of the 72nd and others:
A RESOLUTION
Commending the lovely ladies of the office of the Speaker of the House of Representatives; and for other purposes.
WHEREAS, the lovely ladies of the Office of the Speaker of the House of Representatives have provided immeasurable assistance to the members of this Body during the regular 1973 session of the General Assembly; and
WHEREAS, due to the industry and labor of these charming ladies, the labors of the members of this Body have been greatly reduced; and
WHEREAS, their always cheerful attitudes and pleasant smiles have relieved the tensions involved in this legislative session; and
WHEREAS, their tireless dedication and ability have proved in valuable to the smooth operation of the House of Representatives dur ing the 1973 session.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend Ernestine Holland, Lounell Jones, Rachel Fowler arid Dell Moncrief for their outstanding service in the Office of the Speaker of the House of Representatives during the 1973 session of the General Assembly.
BE IT FURTHER RESOLVED that the Clerk of the House of

FRIDAY, MARCH 16, 1973

3639

Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to each of the above-named persons.

HR 383. By Messrs. Williams of the 9th, Collins of the 45th and others:
A RESOLUTION
Commending the personnel of the House Stenographic Pool; and for other purposes.
WHEREAS, the charming and efficient ladies of the House Steno graphic Pool have performed their duties and responsibilities with the highest degree of proficiency and competence; and
WHEREAS, their loyalty, enthusiasm and outstanding services have significantly lightened the burdens of this Body; and
WHEREAS, they have performed their duties with steadfast dedi cation and the highest degree of proficiency, ability and competency during the 1973 session of the General Assembly of Georgia; and
WHEREAS, their cheerful and pleasant attitude toward the mem bers of this Body has been greatly appreciated.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend to Nancy F. Wiley, Supervisor, Miriam Pope, Pat Redding, Alice K. Sharpe, Juliana Sweazea, Bernice Moore, Dorcas Eidson, Charlotte Lunsford, Carolyn Weiss, Mary Bond, Ethel Pearce, Pat O'Neal, Monnie Sellars, Jeanne Hill, Margaret Strickland, Sandy Smith and Jean Hodges their deepest and sincerest thanks for a job well done.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to each of the above-named persons.
HR 384. By Messrs. Pearce of the 87th, Berry of the 86th, and others:
A RESOLUTION
Commending Honorable Zay Elmore; and for other purposes.
WHEREAS, the Honorable Zay Elmore served the citizens of Columbus and Muscogee County, Georgia, faithfully from February 27, 1951, to December 31, 1971, as a Deputy Marshal of the Municipal Court of Columbus; and
WHEREAS, the Honorable Zay Elmore attained the rank of Lieu tenant Marshal; and

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JOURNAL OF THE HOUSE,

WHEREAS, he enjoys the respect and admiration of his co-workers as well as those whom he served; and

WHEREAS, he was born April 15, 1906, and has been a lifelong Christian and is active in the Beallwood Assembly of God Church; and

WHEREAS, he is married to a wonderful wife, Agnes, and they have two sons and two grandchildren.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend and congratulate the Honorable Zay Elmore for his many years of outstanding service to the citizens of Columbus and extend their best wishes for success in his future endeavors.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Honorable Zay Elmore.

HR 385. By Messrs. Pearce of the 87th, Berry of the 86th and others:
A RESOLUTION
Commending Mr. Beryl Sellers of The Columbus Ledger-Enquirer; and for other purposes.
WHEREAS, Beryl Sellers has served with distinction, dedication and great ability as the political reporter of The Columbus LedgerEnquirer at the State Capitol for several years; and
WHEREAS, he is widely known and respected by the members of this Body for his keen insight into the most complex issues and prob lems facing the State of Georgia and for his grasp of the legislative process; and
WHEREAS, he has accurately reported the news and performed an invaluable public service by informing the citizens of his area of the activities of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend Mr. Beryl Sellers for his outstanding reporting of the activities of the General Assembly during the 1973 Session.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to forward an appropriate copy of this Resolution to Mr. Beryl Sellers and to the Publisher and Editor of The Columbus Ledger-Enquirer.

FRIDAY, MARCH 16, 1973

3641

HR 386. By Mr. Smith of the 91st:

A RESOLUTION

Expressing regret at the passing of Mrs. Amelia Rowan; and for other purposes.

WHEREAS, Mrs. Amelia Rowan, the wife of our distinguished colleague, Senator Bobby Rowan, passed away on Friday morning, March 16; and

WHEREAS, all members of the General Assembly are shocked and grief-stricken by the untimely passing of Mrs. Rowan, who was one of Georgia's kindest and loveliest ladies; and

WHEREAS, the members of the General Assembly who had the opportunity to personally have known Mrs. Rowan and to enjoy the charm and warmth of her engaging personality share the intense sor row that is being borne by her devoted husband and family during this sad occasion; and

WHEREAS, it is fitting and proper that all members of the House of Representatives express their sincerest sorrow to Senator Rowan for the loss of his wonderful wife and companion.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that each and every member of this body hereby expresses his most profound regrets at the untimely passing of Mrs. Amelia Rowan.

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 Robert A. Rowan, Sena tor, 8th District.

HR 387. By Messrs. Davis of the 85th, Thompson of the 86th and others:
A RESOLUTION
Commending Mrs. Albert Donnaud; and for other purposes.
WHEREAS, Mrs. Albert Donnaud has devotedly served many years as Postmistress of the House of Representatives; and
WHEREAS, Mrs. Donnaud has again faithfully served this Body during this 1973 Session of the General Assembly of Georgia by her rapid and accurate delivery of messages to the members of this Body; and
WHEREAS, her sharp sense of humor is a pleasant respite from the strain and tension of the legislative session; and

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JOURNAL OP THE HOUSE,

WHEREAS, she helps maintain decorum by being a guiding in fluence on the younger members of this Body; and

WHEREAS, it is only fitting and proper that this Body gratefully acknowledges the concern, kindness and generosity which Mrs. Donnaud demonstrates to every member of this Body.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and express its deepest appreciation to Mrs. Albert Donnaud, Postmistress of the House of Representatives, for her conscientious efforts in the discharge of her duties.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives in hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mrs. Albert Donnaud.

HR 388. By Messrs. Matthews of the 62nd, Wood of the 9th and others:
A RESOLUTION
Commending Dr. Clifford G. Lewis; and for other purposes.
WHEREAS, Dr. Clifford G. Lewis has recently been selected 1972 Woman of the Year in Education by the Athens Business and Profes sional Women and the First American Bank and Trust Company; and
WHEREAS, she attended Waynesboro public schools, the Uni versity of Georgia, where she received a BS degree, Columbia Uni versity, where she received a Masters degree and an Ed.D. degree, and studied at the University of Wisconsin and the Ohio State Uni versity; and
WHEREAS, she taught for two years at Glynn Academy and has taught at Winthrop College and the University of Georgia where she is now a professor and head of the Department of Physical Education for Women; and
WHEREAS, she is a member of numerous honor societies, includ ing Phi Kappa Phi, Kappa Delta Pi, Delta Kappa Gamma, Mortar Board and is listed in Who's Who in American Education; and
WHEREAS, Dr. Lewis received Honor Awards from the Georgia Association for Health, Physical Education and Recreation in 1968, and from the Southern District, AAHPER, in 1969, and was selected one of the five outstanding teachers in the College of Education in 1954.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recognize and commend Dr. Clifton G. Lewis on her selection as 1972 Woman of

FRIDAY, MARCH 16, 1973

3643

the Year in Education by the Athens Business and Professional Women and the First American Bank and Trust 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 Dr. Clifford G. Lewis.

HR 389. By Messrs. Marcus of the 26th and Levitas of the 50th:
A RESOLUTION
Expressing regrets at the passing of Dr. Henry M. Quillian; and for other purposes.
WHEREAS, the former distinguished professor of law at Emory University, Dr. Henry M. Quillian, recently passed away; and
WHEREAS, Dr. Quillian became the third full-time faculty mem ber of Emory School of Law in 1921 and continued to have an outstand ing and brilliant career until his retirement in 1961; and
WHEREAS, during his forty years as an educator, Dr. Quillian was instrumental in developing some of the finest legal minds in the country; and
WHEREAS, Dr. Quillian is credited with introducing in Georgia the case method of teaching law, using the Socratic method of question and answer; and
WHEREAS, Dr. Quillian was recognized as one of this nation's most outstanding educators and legal authorities; and
WHEREAS, the many contributions which this distinguished edu cator provided to the students of Emory University and to the legal profession in general will be sorely missed upon his passing.
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 Dr. Henry M. Quillian, one of this State's most outstanding and distinguished legal educators.
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 Dr. Henry M. Quil lian.

HR 390. By Messrs. Pinkston, Dickey, Brown, Coney and Berlin of the 89th:
A RESOLUTION
Commending the Macon Telegraph and News; and for other pur poses.

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JOURNAL OF THE HOUSE,

WHEREAS, the Macon Telegraph and News are widely known and respected throughout the State of Georgia for the excellence of their journalistic endeavors; and

WHEREAS, Mr. Selby McCash, Dean of the Capitol Press Corps, is widely known and respected by the members of this Body for his keen insight into the most complex issues and problems facing the State of Georgia and for his grasp of the legislative processes; and

WHEREAS, these outstanding newspapers have very generously provided the members of this Body with daily copies of the Macon Tele graph and News during the 1973 session of the General Assembly of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby recog nize and commend the Macon Telegraph and News for their outstanding journalism and do hereby express their appreciation to the Macon Tele graph and News for their assistance during the 1973 session of the Gen eral Assembly of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this Resolution to the Macon Telegraph and News and to Mr. Selby McCash.

HR 391. By Messrs. Pinkston, Dickey, Brown, Coney and Berlin of the 89th:
A RESOLUTION
Commending WMAZ Radio and TV; and for other purposes.
WHEREAS, WMAZ Radio and TV, Macon, Georgia, is widely known for the keen insight which the members of its staff have dis played in reporting the activities of the 1973 session of the General As sembly of Georgia; and
WHEREAS, Mr. Tim Dobbs, Political Editor of WMAZ, has dem onstrated an exceptional understanding of the many complex issues and problems facing the State and the General Assembly of Georgia during the 1973 session; and
WHEREAS, this station affords its audience complete, up-to-date and well presented reports of the activities of the Georgia General As sembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend WMAZ Radio and TV for its excellent coverage of the 1973 session of the Gen eral Assembly of Georgia.

FRIDAY, MARCH 16, 1973

3645

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 WMAZ Radio and TV and Mr. Tim
Dobbs.

HR 392. By Messrs. Pinkston, Dickey, Brown, Coney, Berlin and Evans of the 89th:
A RESOLUTION
Expressing appreciation to Dr. John 0. Martin; and for other purposes.
WHEREAS, Dr. John O. Martin, a distinguished resident of Macon, served as Doctor of the Day for the General Assembly; and
WHEREAS, his counsel and advice to the members of the General Assembly were of invaluable service to the members thereof; and
WHEREAS, it is only befitting and proper that Dr. John O. Mar tin be recognized for his contribution to the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its deepest appreciation to Dr. John O. Martin for his services to the members of the General Assembly while serving as the Doctor of the Day.
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 O. Martin.

HR 393. By Messrs. Pearce of the 87th, Berry of the 86th, Buck of the 87th, Davis of the 85th, Thompson of the 86th, Adams of the 84th and King of the 85th:
A RESOLUTION
Expressing sympathy at the passing of Commander Milan Rand; and for other purposes.
WHEREAS, Commander Milan Rand recently passed away; and
WHEREAS, Commander Rand joined the Columbus Police Force in 1945; and
WHEREAS, he was a founder of the Karl F. Eidom Lodge of the Fraternal Order of Police; and
WHEREAS, he was a member of the Fort Benning Masonic Lodge; and

3646

JOURNAL OF THE HOUSE,

WHEREAS, he was active in the civic, fraternal and religious af fairs of his community; and

WHEREAS, the members of this Body share the sorrow of his passing with the members of his family.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its deepest regrets at the passing of Commander Milan Rand and extends its heart felt sympathy to his wife and the other members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to Mrs. Milan Rand.

HR 394. By Mr. Rainey of the 115th:
A RESOLUTION
Expressing sympathy at the passing of Mr. Clinton C. Pearce; and for other purposes.
WHEREAS, on March 13, 1973, the State of Georgia lost one of its most distinguished citizens with the passing of Mr. Clinton C. Pearce of Cordele, Georgia; and
WHEREAS, he was the son of Mr. Lester W. Pearce and Mrs. Clyde Harpe Pearce, and was a resident of Cordele for 19 years; and
WHEREAS, he served with distinction and valor in the Armed Forces of the United States during World War II and was active in the civic, social and religious life of his community and State, having been a member of the Northern Heights Baptist Church; and
WHEREAS, he was the dedicated husband of Mary Miller Pearce and the father of two outstanding sons, Larry C. Pearce and Jerry Q. Pearce.
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. Clinton C. Pearce and hereby extend their sincerest sympathy to the family of Mr. Clinton C. Pearce.
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. Clinton C. Pearce.

HR 395. By Messrs. Adams and Smith of the 74th: A RESOLUTION
Commending Reverend C. O. English; and for other purposes. WHEREAS, during his long and eventful life, Reverend C. O.

FRIDAY, MARCH 16, 1973

3647

English has provided an inspiration to his community and State through his many contributions to the civic, religious and economic life of his country and State; and

WHEREAS, his dedication to his community and his selfless and gratuitous giving of time and energy, especially in helping the needy, have been freely shared with the people of Upson County; and

WHEREAS, for many years, Reverend English carried people from Upson County to Atlanta for medical treatment which they could not obtain anywhere else; and

WHEREAS, Reverend English is one of the most beloved and respected members of the ministry in this State; and

WHEREAS, it is only fitting and proper that Reverend English be recognized for his outstanding achievements and contributions.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Reverend C. 0. English for his many years of dedicated work and humanitarian service to the people of Upson 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 Reverend C. O. English.

HR 396. By Messrs. Northcutt, Lee, Bailey and Johnson of the 68th:
A RESOLUTION
Relative to the "Flame of Unity"; and for other purposes.
WHEREAS, this Body is always interested in projects to better the image of our State; and
WHEREAS, it wishes to advocate and promote unity in our State and Nation by the installation of a "Flame of Unity" at the Stone Mountain Memorial; and
WHEREAS, this "Flame of Unity" would symbolize a united country; knowing that such fixture would greatly enhance the Memorial, adding more prestige; that it would be in keeping with the practice elsewhere in our country and in Europe where these "Flames" are prominently displayed; and
WHEREAS, there has been a "Peace Light Memorial" at the Gettysburg National Military Park for many years, having been dedicated by President Franklin Roosevelt in 1939.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

3648

JOURNAL OF THE HOUSE,

REPRESENTATIVES that this Body does hereby go on record in support of the installation and maintenance of this "Flame of Unity"
at the Stone Mountain Memorial.

HR 397. By Messrs. Johnson, Northcutt, Bailey and Lee of the 68th:
A RESOLUTION
Commending the Morrow High School girls basketball team; and for other purposes.
WHEREAS, the Morrow High School girls basketball team is experiencing one of its finest seasons; and
WHEREAS, the team has won twenty-two straight games this year en route to the State Class AA Girls Tournament; and
WHEREAS, the team's outstanding success is even more amazing when one realizes that this is only the team's fourth year of play; and
WHEREAS, the members of the team displayed amazing offensive and defensive talents and outstanding rebounding ability; and
WHEREAS, the admirable record compiled by this team can only be attributed to the dedication, drive and outstanding physical con ditioning of the members of the team and to the exceptional coaching ability of Coach John Smith.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Morrow High School girls basketball team for its most successful season.
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 Coach John Smith and to each member of the Morrow High School girls basketball team.

HR 398. By Messrs. Adams and Smith of the 74th:
A RESOLUTION
Commending Reverend Herbert D. Morgan; and for other purposes.
WHEREAS, during his long and eventful life, Reverend Herbert D. Morgan has provided an inspiration to his community and State through his many contributions to the civic, religious and economic life of his country and State; and

FRIDAY, MARCH 16, 1973

3649

WHEREAS, Reverend Morgan is a United States Army veteran, having served his country admirably during World War I; and

WHEREAS, his dedication to his community and his selfless and gratuitous giving of time and energy, especially in helping the needy, have been freely shared with the people of Upson County; and

WHEREAS, the people of Upson County will always remember Reverend Morgan's personal commitment, determination and leadership in helping people during emergencies and troublesome times; and

WHEREAS, Reverend Morgan is one of the most beloved and respected members of the ministry in this State; and

WHEREAS, it is only fitting and proper that Reverend Morgan be recognized for his outstanding achievements and contributions.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Reverend
Herbert D. Morgan for his many years of dedicated work and humani tarian service to the people of Upson 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 Reverend Herbert D. Morgan.

HR 399. By Messrs. Johnson, Northcutt, Bailey and Lee of the 68th:
A RESOLUTION
Commending the Forest Park Senior High School boys basketball team; and for other purposes.
WHEREAS, the Forest Park Senior High School boys basketball . team is experiencing one of its finest seasons; and
WHEREAS, the team exhibited outstanding play during the regular season and continued their fine play in the Region Tournament en route to the State Class AAA Boys Tournament; and
WHEREAS, the members of the team displayed amazing offensive and defensive talents and outstanding rebounding ability; and
WHEREAS, the admirable record compiled by this 1972-1973 team can only be attributed to the talent, dedication, drive and outstanding physical conditioning of the members of the team and to the outstanding coaching ability of Coach Don Campbell.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby extend to Coach Don Campbell, the players and all others connected with the

3650

JOURNAL OF THE HOUSE,

athletic program of Forest Park High School, its heartiest congratula tions for a magnificent season.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a sufficient number of copies of this Resolution to Coach Don Campbell for presenta tion to each member of the Forest Park Senior High School boys basketball team.

HR 400. By Messrs. Murphy of the 18th, Collins of the 122nd, Carrell of the 71st and many others:
A RESOLUTION
Commending Lieutenant Colonel Dewey Wayne Waddell, United States Air Force; and for other purposes.
WHEREAS, Lieutenant Colonel Dewey Wayne Waddell, United States Air Force, has just been released from imprisonment in North Vietnam after seven years of captivity; and
WHEREAS, he was shot down over Hanoi on July 5, 1967 while on his 47th Combat Mission; and
WHEREAS, for a year he had been reported as missing in action before he was identified as a prisoner of war; and
WHEREAS, his courage and dedication to duty during his 17 years of service in the United States Air Force, during his tour in Vietnam and during his confinement as a prisoner of war are a source of inspira tion to all Georgians; and
WHEREAS, he is a graduate of Bremen High School in Haralson County; and
WHEREAS, he has an Electrical Engineering Degree from Georgia Tech and a Master's Degree in Political Science from the University of Southern California; and
WHEREAS, the courage and strength demonstrated by his wife, Charlotte, and his two children, Gregory and Jennifer, during the time he was in prison in North Vietnam are to be admired; and
WHEREAS, it is only fitting and proper that this courageous Georgian be commended and welcomed home after his long confinement in North Vietnam.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and wel come home Lieutenant Colonel Dewey Wayne Waddell, United States Air Force.

FRIDAY, MARCH 16, 1973

3651

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 Lieutenant Colonel Dewey Wayne Waddell, United States Air Force; his wife, Charlotte; his son, Gregory; and his daughter, Jennifer.

HR 401. By Messrs. Collins and Matthews of the 122nd, Reaves of the 124th and many others:
A RESOLUTION
Commending Major Orson Swindle III, United States Marine Corps; and for other purposes.
WHEREAS, Major Orson Swindle III, United States Marine Corps, was among the prisoners of war recently released by North Vietnam after over six years of confinement; and
WHEREAS, Major Swindle's aircraft was shot down over North Vietnam in November of 1966; and
WHEREAS, Major Swindle received packages containing medication while he was a prisoner of war, but he gave the medication to other prisoners; and
WHEREAS, Major Swindle's family, his wife, Mrs. Gail Gausier Swindle, his grandmother, Mrs. O. G. Swindle, Sr., and his son, Kevin, age 11, have demonstrated exceptional faith and courage throughout Major Swindle's imprisonment; and
WHEREAS, Major Swindle's home is Camilla, Georgia, and the collective prayers of the residents of Camilla have been for his release and safe return home; and
WHEREAS, this outstanding citizen of Georgia is an excellent example of the courage and ability demonstrated by members of the Armed Forces of the United States in serving their country.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Major Orson Swindle III, United States Marine Corps, for outstanding service to his country and extend to him their warmest "welcome home" from his many years of confinement in a North Vietnam prison.
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 Major Orsen Swindle III, Mrs. Gail Swindle, Mrs. 0. G. Swindle, Sr., and Kevin Swindle.

3652

JOUENAL OF THE HOUSE,

HR 402. By Mr. Edwards of the 95th:

A RESOLUTION

Commending the Taylor County 4-H Club; and for other purposes.

WHEREAS, the Taylor County 4-H Club is known for its many outstanding achievements in 4-H work; and

WHEREAS, the Taylor County 4-H Club participated in the South west District Clover Leaf D.P.A. at Georgia Southwestern College on March 10, 1973; and

WHEREAS, members of the Taylor County 4-H Club won num erous awards at this event, including Hallie Ward Edwards, 2nd place-- Public Speaking; Byron Meredith, 2nd place--Veterinary Science; Kristi Dunn, 2nd place--Food Preservation--Frozen Foods; Carlene Windham, 1st place--Recreation; Debbie Coffee, 3rd place--Engineering --Automotive; Debbie Jones, 2nd place--Home Improvement--Housing and Equipment; Lisa Montgomery, 1st place--Home Improvement-- Home Furnishings and Art; Tina Henry, 3rd place--Engineering; Suelyn Hall, 3rd place--Agronomy--Plants and Soil; Sandy Buchert, 1st place--Recreation--Demonstration; Cathy Carter, 3rd place--Engineer ing--Safety; and Cristi Collins, 2nd place--Human Development; and

WHEREAS, Mr. Vernon Reddish, County Agent, Mrs. Diane Statham, Home Demonstration agent, and Mrs. Bernard Fuller serve as Ad visors of the Taylor County 4-H Club.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby recognizes and commends Taylor County 4-H Club for its many outstanding achievements.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Taylor County 4-H Club and to each person hereinabove named.

HR 403. By Messrs. Matthews of the 62nd, Bennett of the 124th and others:
A RESOLUTION
Expressing sympathy at the passing of Miss Lucy Stewart; and for other purposes.
WHEREAS, on March 7, 1973 a tragic automobile accident took the life of Miss Lucy Stewart, daughter of Mr. & Mrs. Fluker Stewart, formerly of Athens, now residing in Valdosta; and
WHEREAS, her untimely passing has taken from our presence a most charming young lady; and

FRIDAY, MARCH 16, 1973

3653

WHEREAS, this tragedy has taken a young child of only 19 years of age who was just beginning to enjoy the prime of her youth; and

WHEREAS, this loss is deeply felt by the Stewart family and all those who had the pleasure of knowing and loving Miss Stewart; and

WHEREAS, the members of this body wish to express their deepest regrets and sincerest sympathy to the loved ones of Miss Lucy Stewart.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that profound regrets are hereby expressed at the passing of Miss Lucy Stewart and deepest sympathy is hereby ex tended to the members of her family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the family of Miss Lucy Stewart.

HR 404. By Mr. Edwards of the 95th:
A RESOLUTION
Commending the Marion County 4-R Club; and for other purposes.
WHEREAS, the Marion County 4-H Club is known for its many outstanding achievements in 4-H work; and
WHEREAS, the Marion County 4-H Club participated in the South west District Clover Leaf D.P.A. at Georgia Southwestern College on March 10, 1973; and
WHEREAS, the members of the Marion County 4-H Club won numerous awards at this event, including Patsy Thompson, 3rd place-- Veterinary Science; Sammy Rigdon, 3rd place--Forestry; Jeff Pool, 1st place--Agronomy; Penny Welch, 2nd place--Health; Sherry Lynn Icard, 1st place--Home Improvement--Housing and Equipment; and LeAnn Smith, 2nd place--Wildlife; and
WHEREAS, Mr. Harold Daniel, County Agent, serves as Advisor of the Marion County 4-H Club.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby recognizes and commends Marion County 4-H Club for its many outstanding achievements.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this Resolution to Marion County 4-H Club and to each person hereinabove named.

3654

JOURNAL OF THE HOUSE,

HR 405. By Messrs. McDaniell of the 20th, Hays of the 1st and others:

A RESOLUTION

Commending the Honorable Thomas B. (Bert) Lance; and for other purposes.

WHEREAS, the Honorable Thomas B. (Bert) Lance served the peo ple of Georgia with dedication and ability as the Director of the State Highway Department and Commissioner of the Department of Trans portation from December 3, 1970 to February 28, 1973; and

WHEREAS, he was born in Gainesville, Georgia, on June 3, 1931, and is the son of Dr. T. J. Lance and Annie Rose Erwin Lance; and

WHEREAS, he attended Emory University, the University of Geor gia, the School of Banking of the South at L.S.U., and Stonier Graduate School of Banking at Rutgers; and

WHEREAS, he has had a distinguished career in banking as the President and Chief Executive Officer of the Calhoun National Bank and as Director of the Calhoun National Bank, and has served as an officer and member of numerous banking organizations; and

WHEREAS, he has been active in the religious, social, political and civic life of his community and State; and

WHEREAS, he is a member of Sigma Chi Fraternity, Gridiron Se cret Society and the Young Presidents' Organization; and

WHEREAS, he has been a leader of this State's efforts to expand and strengthen Georgia's transportation network.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body hereby express their deepest and sincerest appreciation to the Honorable Thomas B. (Bert) Lance for his service to the State of Georgia as Commissioner of the Department of Transportation.

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 Thomas B. (Bert) Lance.

HR 406. By Messrs. Patten and Bostick of the 123rd and others:
A RESOLUTION
Congratulating the City of Adel on its Centennial; and for other purposes.

FRIDAY, MARCH 16, 1973

3655

WHEREAS, the City of Adel was established on July 22, 1873 when a post office was established for Adel; and

WHEREAS, before the post office was established in Adel, the community had been known as Puddleville because of the puddles of water which stood after the rains in the low areas where the com munity was located; and

WHEREAS, Mr. Berry Wells and Mr. Joel J. "Uncle Jack" Parrish decided that Puddleville needed a post office and met in Mr. J. T. Wilkes' store, which was one of the two stores in Puddleville; and

WHEREAS, Mr. Wells and Mr. Parrish decided to apply for a post office, but first they had to decide on a name for the new post office; and

WHEREAS, they searched through the lists of post offices in the area but were unable to find a name suitable for their community. How ever, when they saw the name Philadelphia, the name for their new com munity was obvious; and

WHEREAS, Mr. Joel J. Parrish became the first postmaster, oper ating the post office from his home until a post office building was erected in 1889 when the railroad came to Adel; and

WHEREAS, the first Mayor of Adel was J. E. Peeples who served from 1889 to 1891; and

WHEREAS, Adel is to be congratulated for its progress since 1873 and for its outstanding contribution to the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby congratulate the City of Adel on its Centennial and wishes it continued prosperity during the next century.

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 Mayor, Mr. Alien Parrish; the President of the Chamber of Commerce, Mr. Ted Holt; and the City Council.

HR 407. By Mr. Wamble of the 120th:
A RESOLUTION
Commending Coach Tommy Taylor and the Cairo "Syrupmakers"; and for other purposes.
WHEREAS, the Cairo High "Syrupmakers" have recently won the Region 1-AA Basketball hCampionship; and

3656

JOURNAL OF THE HOUSE,

WHEREAS, the members of this team displayed amazing offensive and defensive talents in compiling a regular season record of 25-2; and

WHEREAS, Coach Tommy Taylor has recorded a phenomenal 350 victories and only 71 defeats in 17 years of coaching, and he is respected and admired as one of the great high school basketball coaches in the State; and

WHEREAS, it is a tribute to the athletic prowess and sportsman ship of the members of this team that they have compiled so enviable a record.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Coach Tommy Taylor and the Cairo "Syrupmakers" for its amazing record of victories during the past season and for winning the Region 1-AA Basketball Championship.

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 Tommy Taylor and to each member of the Cairo "Syrupmakers."

HR 408. By Mr. Wamble of the 120th:
A RESOLUTION
Commending Coach Billy Daniels and the Cairo High "Syrupmaids"; and for other purposes.
WHEREAS, the Cairo High "Syrupmaids" have completed one of their most successful seasons, compiling a 27-3 season's record and winning the Region 1-AA Basketball Championship; and
WHEREAS, Coach Billy Daniels has compiled a six-year record of 108-50, and is one of the most respected basketball coaches in this State; and
WHEREAS, the members of this team displayed amazing offensive and defensive talents and outstanding rebounding ability; 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 Billy Daniels.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Coach Billy Daniels and the Cairo High "Syrupmaids" on com pleting a most successful season and winning the Region 1-AA Basket ball Championship.

FRIDAY, MARCH 16, 1973

3657

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 Billy Daniels and to each mem ber of the Cairo High "Syrupmaids."

HR 409. By Messrs. Wood, Williams and Whitmire of the 9th:
A RESOLUTION
Commending Lieutenant Colonel Bobby Bagley; and for other purposes.
WHEREAS, Lieutenant Colonel Bobby Bagley has just been re leased from imprisonment in North Vietnam after five and one-half years of captivity; and
WHEREAS, he was captured on September 16, 1967 and
WHEREAS, his courage and dedication to duty during his tenure of military service, during his tour in Vietnam and during his con finement as a Prisoner of War are a source of inspiration to all Geor gians; and
WHEREAS, his wife and daughter demonstrated exceptional cour age and faith throughout his imprisonment; and
WHEREAS, it is only fitting and proper that this courageous Georgian be commended and welcomed home after his long confinement in North Vietnam.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and wel come home Lieutenant Colonel Bobby Bagley.
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 Lieutenant Colonel Bobby Bagley and his wife and daughter.

HR 410. By Messrs. Petro of the 46th and Burton of the 47th:
A RESOLUTION
Recognizing the courage of Ernest Sellfors and David Phillips; and for other purposes.
WHEREAS, on February 26, 1973, a horrible airplane accident oc curred in DeKalb County in which a Learjet airplane, crippled after having flown through a flock of birds on departure from PeachtreeDeKalb Airport crashed on Buford Highway; and

3658

JOURNAL OF THE HOUSE,
WHEREAS, as tragic as this accident was, it could easily have been far worse in that it happened in a very populous area; and
WHEREAS, the skill and professional attitude of Ernest Sellfors, the Chief Pilot, and David Phillips, Pilot, averted disaster of potentially major proportion; and
WHEREAS, during the last twenty seconds of these men's lives, they acted with bravery and resignation to their fate and flew the plane clear of buildings and centers of population.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby recognize the bravery of Ernest Sellfors and David Phillips during the last moments of their lives.
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 Ernest Sellfors and David Phillips.

HR 411. By Messrs. Mauldin of the 13th, Farrar of the 52nd and others:
A RESOLUTION
Commending Dr. Jack P. Nix, State Superintendent of Schools; and for other purposes.
WHEREAS, Dr. Jack P. Nix, Georgia's State Superintendent of Schools, is nationally recognized as one of America's most able and dedi cated State school officials; and
WHEREAS, the esteem in which he is held nationally is demon strated by the fact that he was the only State superintendent of schools asked to testify before Senator Sam Ervin's United States Senate Com mittee investigating the impoundment of Federal funds; and
WHEREAS, under his courageous leadership, the public schools of Georgia have made outstanding progress, particularly in the areas of remedial reading, the right-to-read program, the shared-services program, the comprehensive high school program, the area vocationaltechnical schools program, the nonresidential school for the deaf and the Statewide educational television program; and
WHEREAS, his tireless efforts to establish a Statewide kinder garten program and other innovative programs in the expansion and im provement of public education in Georgia are well known to the mem bers of the General Assembly and other citizens of Georgia who are con cerned with public education; and
WHEREAS, the program he designed and established to assure

FRIDAY, MARCH 16, 1973

3659

that every public school child shall be given the opportunity to learn to read has served as a model for school officials throughout the United States.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their profound respect and admiration for Dr. Jack P. Nix, State Super intendent of Schools, and commend him for his many outstanding ac complishments.

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. Jack P. Nix, State Superintendent of Schools.

HR 412. By Mr. Lewis of the 77th:
A RESOLUTION
Urging the Legislative and Congressional Reapportionment Com mittee to study the feasibility of preserving county lines in the reapportionment of House Districts; and for other purposes.
WHEREAS, the United States Supreme Court in a recent Virginia decision (Mahan v. Howell) held that the integrity of political subdi vision lines may be preserved in legislative reapportionment while mak ing a good faith effort to establish districts as nearly equal in popula tion as practicable; and
WHEREAS, in keeping with said holding, said Court upheld a popu lation variation of 16.4% as complying with the equal protection clause of the Fourteenth Amendment to the United States Constitution; and
WHEREAS, the current apportionment of the House of Representa tives divided many counties into two or more parts, causing it to be very difficult to effectively represent such counties; and
WHEREAS, the current apportionment of House Districts is now before the United States Supreme Court.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Legislative and Congressional Reap portionment Committee, after the decision in the House reapportionment case has been rendered, is hereby urged to investigate the feasibility of modifying House Districts, pursuant to the decision in the House reap portionment case and other recent United States Supreme Court de cisions, to the extent legally acceptable to preserve the integrity of county lines to the end that the citizens of Georgia may be more effec tively represented.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap-

3660

JOURNAL OF THE HOUSE,

propriate copy of this Resolution to Honorable Hines L. Brantley, Chairman of Legislative and Congressional Reapportionment Committee.

HR 413. By Messrs. Egan of the 25th, Geisinger of the 44th and others:
A RESOLUTION
Commending Mr. Frederick Manget; and for other purposes.
WHEREAS, Mr. Frederick Manget has served with distinction, dedication and ability as an Intern for the House Minority Delegation during the 1973 session of the General Assembly of Georgia; and
WHEREAS, he is a student at the University of Georgia, where he is a senior majoring in political science; and
WHEREAS, he is in the top five percent of his class at the Uni versity of Georgia, has been named to the Dean's List every quarter, serves on the Honor's Council of the College of Arts and Sciences, is a member of Phi Eta Sigma Honorary Scholastic Fraternity, is a Cadet in the University of Georgia's Air Force ROTC program, and is a mem ber of the Arnold Air Society, an honorary society for Air Force ROTC cadets; and
WHEREAS, he has recently been selected as a Rhodes Scholar, the University of Georgia's first Rhodes Scholar in 13 years, and one of 32 college students chosen as a Rhodes Scholar in the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recog nize and commend Mr. Frederick Manget on his selection as a Rhodes Scholar and for his outstanding work with the House Minority Delega tion during the 1973 session of the General Assembly of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mr. Frederick Manget.

HR 414. By Messrs. King of the 85th and Adams of the 84th:
A RESOLUTION
Commending the press; and for other purposes.
WHEREAS, the news media personnel reporting to the public the events taking place in the General Assembly have carried out their duties in exemplary fashion; and
WHEREAS, the Fourth Estate is an honorable one; and

FRIDAY, MARCH 16, 1973

3661

WHEREAS, the personnel of the Fourth Estate are honorable men and women acting in a highly professional manner; and

WHEREAS, Thomas Jefferson said of the right of freedom of the press:

"The basis of our government being the opinion of the people, the very first object should be to keep the right, and were it left to me to decide whether we should have a government without news papers, or newspapers without a government, I should not hesitate a moment to prefer the latter."

WHEREAS, it has been said that the pen is mightier than the sword.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its appreciation to the news media personnel who have covered the General Assembly during the 1973 Session.

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 House Information office which is authorized and directed to transmit copies of this Resolution to the members of the press covering the General Assembly.

HR 415. By Mr. Dixon of the 126th:
A RESOLUTION
Expressing regrets at the passing of Mrs. D. A. Woodard; and for other purposes.
WHEREAS, Mrs. D. A. Woodard passed away on December 27, 1972; and
WHEREAS, in recent years Mrs. Woodard and her late sister, Mrs. R. L. Bazemore, were believed to be the oldest living twins in the United States; and
WHEREAS, Mrs. Woodard descended from distinguished ClinchCoffee County pioneer families; and
WHEREAS, Mrs. Woodard was most active in the civic and re ligious affairs of the community including being a charter member of the Waycross WCTU, a member of the First Methodist Church, and a charter member of the Waycross Women's Club; and
WHEREAS, she was a keen observer and participant in Ware County politics, State politics and National politics.

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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 Mrs. D. A. Woodard, and does hereby express its sympathy to her family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to the family of Mrs. D. A. Woodard.

HR 416. By Messrs. Nessmith and Lane of the 76th:
A RESOLUTION
Commending the Statesboro Senior Boys All-Star Basketball Team; and for other purposes.
WHEREAS, in the finest traditions of recreation athletics and good sportsmanship, the Senior Boys All-Star Basketball Team of the States boro Recreation Department has risen to praiseworthy heights of re nown in winning the 1973 State Championship of the Georgia Recreation and Park Society; and
WHEREAS, these outstanding sixteen and seventeen-year olds of Statesboro proved themselves to be the best team in Georgia in their own classification by defeating the Monroe Recreation Department 74 to 34 and the Sylvania-Screven County Recreation and Parks Depart ment 77 to 41 in the State Tournament at South Georgia College in Douglas on the 10th day of March in 1973; and
WHEREAS, the members of this youth recreation team displayed extraordinary shooting, dribbling, passing, rebounding and defensive talents throughout district and state competition; and
WHEREAS, the Statesboro Recreation Department and the State of Georgia are proud of the manner in which team members Charlie Gordon, Bobby Hendrix, Gerald Hynko, Carl Johnson, Jeffrey Joyner, Manager Dale Lowery, Richard Mallard, Tommie Rushing, Marshall Spivey, Howard Tucker, Alan Tyson, and Captain Jack Webb conducted themselves during all levels of competition; and
WHEREAS, the honor attained by this team can only be attributed to the determination of its members, to the leadership of Coach Charles Webb, and to the supervision and guidance of Recreation Director Tom Browne and his recreation staff; and
WHEREAS, the Statesboro Recreation Department, through its 1973 Senior Boys State Champions, has maintained a tradition of ex cellence 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-

FRIDAY, MARCH 16, 1973

3663

gratulate the Statesboro Senior Boys All-Star Basketball Team, the City of Statesboro and its Department of Recreation.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward appropriate copies of this Resolution to the governing authority of the City of Statesboro, the Statesboro Recreation Department, and to Coach Charles Webb.

HR 418. By Messrs. Patten of the 123rd, Adams of the 74th and others:
A RESOLUTION
Congratulating Honorable E. B. Toles on the occasion of his 57th birthday; and for other purposes.
WHEREAS, our distinguished colleague, Honorable E. B. Toles, will celebrate his 57th birthday on Friday, March 16, 1973; and
WHEREAS, he has served as a member of the House of Representa tives from Rome, Georgia, for five years and has won the respect and admiration of his colleagues by his unselfish dedication to the best in terests of his constituents and the people of Georgia; and
WHEREAS, he has been outstanding in the religious life of his community and the State of Georgia for many years and has served as first Vice President of the Georgia Baptist Convention; and
WHEREAS, he sets an excellent example of Christian leadership and dedication for the members of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby con gratulate Honorable E. B. Toles on the occasion of his 57th birthday and commend him for his many outstanding achievements.
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 E. B. Toles.

HR 419. By Messrs. Bailey and Johnson of the 68th and others:
A RESOLUTION
Expressing appreciation to the young ladies of the telephone center; and for other purposes.
WHEREAS, the young telephone ladies in attendance has greatly aided the members of the House of Representatives in placing and re ceiving their telephone calls during this session; and

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WHEREAS, these young ladies, Miss Josephine Susong, Mrs. Maxine Lawson, Mrs. Bobbie Woody, Mrs. Allene Henderson and Mrs. Donna Snider, have cheerfully given their services through the facilities of the well-planned telephone center which has been provided by the Southern Bell Telephone and Telegraph Company.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that these above named young ladies be extended the warmest thanks of this House for their prompt, efficient and untiring efforts in providing this most helpful service and convenience.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to the Southern Bell Telephone and Telegraph Company and to each of the young ladies as a token of the appreciation of this House.

HR 420. By Mr. Lewis of the 77th:
A RESOLUTION
Recognizing and commending Boggs Academy; and for other pur poses.
WHEREAS, Boggs Academy, located in Keysville, Georgia, is a coed preparatory school serving the black community, one of only four such private schools within the United States; and
WHEREAS, this outstanding educational institution was founded in 1906 by Dr. John Phelps, a dynamic, energetic Presbyterian minister; and
WHEREAS, this outstanding educational institution has been sup ported since its inception by the United States Presbyterian Church, but is looking forward to the opportunity of becoming a completely inde pendent school in 1973; and
WHEREAS, Boggs Academy is fully accredited by the Southern Association of Colleges and Schools and the Georgia Accrediting Com mission, and is a member of the National Association of Independent Schools, the Georgia Association of Independent Schools, the Georgia High School Association and A Better Chance (ABC) Independent Schools Talent Search; and
WHEREAS, Boggs Academy offers a varied and challenging aca demic program which provides cultural, social and aesthetic learning opportunities; and
WHEREAS, it is only fitting and proper that this outstanding edu cational institution be properly recognized and commended for the ex cellence of its curriculum and for the unique opportunity which it af fords the members of its student body.

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3665

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby recognizes and commends Boggs Academy, Mr. Calvin E. Thornton, President, and the members of the faculty and student body.

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 Boggs Academy and to Mr. Calvin E. Thornton, President.

HR 421. By Messrs. Ware, Mullinax and Knight of the 65th:
A RESOLUTION
Commending the Hogansville Greenwave High School Basketball Team; and for other purposes.
WHEREAS, the Hogansville Greenwave High School Basketball Team is experiencing another successful season, having reached the semi-finals of the State Class B tournament; and
WHEREAS, the Greenwave has captured the State Class B title for the past three consecutive years and is well on its way to capturing its fourth straight title which has not been accomplished in the last forty-five years; and
WHEREAS, the fine young athletes who comprise this outstanding athletic team have demonstrated a high degree of athletic ability and sportsmanship during their successful season.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the heartiest congratulations of this Body are hereby extended to the Coach, John Penland, and each and every member of the Hogansville Greenwave High School Basketball Team, and does hereby extend to them its very best wishes for the remainder of their tournament.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mr. John Penland, Coach of the Hogansville Greenwave High School Basketball Team.

HR 422. By Messrs. McKinney of the 35th, Alexander of the 37th, Savage of the 30th and others: A RESOLUTION
Commending the Honorable E. J. Shepherd; and for other purposes.
WHEREAS, the Honorable E. J. Shepherd, the distinguished Repre sentative from the 28th District, is affectionately referred to as E. J. "The Good" Shepherd; and

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WHEREAS, he provides good soul food for the Georgia legislators at his restaurant, Shepherd's Soul Food Restaurant, at 11 Butler Street in Atlanta; and

WHEREAS, Representative Shepherd and his outstanding soul food are featured in the March 22, 1973, issue of Jet magazine; and

WHEREAS, he has worked diligently to have the Atlanta Mu nicipal Market; and

WHEREAS, he is considered "The Good" Shepherd by his con stituents.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recognize and commend the Honorable E. J. "The Good" Shepherd, the distinguished Representative from the 28th District for his many outstanding ac complishments.

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 E. J. "The Good" Shepherd.

HR 423. By Messrs. Rush of the 104th, Mauldin and Milford of the 13th and many others:
A RESOLUTION
Commending Honorable Geo. L. Smith II and his staff; and for other purposes.
WHEREAS, Honorable Geo. L. Smith II, Speaker of the House of Representatives, has presided over this Body with outstanding ability and dignity during the 1973 session; and
WHEREAS, the tireless dedication of our distinguished and able Speaker has proved invaluable to the smooth operation of the House of Representatives during this session; and
WHEREAS, the personnel of the Office of the Speaker of the House of Representatives have provided immeasurable assistance to the members of this Body; and
WHEREAS, their outstanding service to the members of the House of Representatives has greatly lightened the burdens of this Body; and
WHEREAS, it is only befitting and proper that the Speaker and his staff be commended for their devotion and invaluable contribution to the legislative process.

FRIDAY, MARCH 16, 1973

3667

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend to Honorable Geo. L. Smith II and his staff its deepest and sincerest thanks for the excellent service rendered to this Body during the 1973 session of the Georgia General Assembly.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable Geo. L. Smith II, Speaker of the House of Representatives.

HR 424. By Messrs. Howell of the 118th, Greer of the 43rd, Smith of the 91st and many others:
A RESOLUTION
Wishing Honorable L. L. "Pete" Phillips a speedy recovery; and for other purposes.
WHEREAS, our distinguished colleague, Honorable L. L. "Pete" Phillips of the 103rd District, is suffering from a serious illness and is currently in Crawford Long Hospital in Atlanta; and
WHEREAS, Representative Phillips is one of our most respected and able members whose presence in recent days because of illness has been sorely missed by his colleagues; and
WHEREAS, he has served the people of his community and the en tire State of Georgia with great honor and ability in the House of Repre sentatives since 1965.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their most sincere wishes for a speedy and complete recovery for Hon orable L. L. "Pete" Phillips of the 103rd District.
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 L. L. "Pete" Phillips.

HR 425. By Messrs. Harrison of the 116th, Dorminy of the 115th, Harris of the 51st and many others:
A RESOLUTION
Commending the lovely ladies of the Office of the Speaker of the House of Representatives; and for other purposes.
WHEREAS, the lovely ladies of the Office of the Speaker of the House of Representatives have provided immeasurable assistance to the

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members of this Body during the regular 1973 session of the General Assembly; and

WHEREAS, their always cheerful attitudes and pleasant smiles have relieved the tensions involved in this legislative session; and

WHEREAS, their tireless dedication and ability have proved in valuable to the smooth operation of the House of Representatives during the 1973 session.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby recog nize and commend Ernestine Holland, Lounell Jones, Rachel Fowler and Dell Moncrief for their outstanding service in the Office of the Speaker of the House of Representatives during the 1973 session of the General Assembly.

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 above-named persons.

HR 426. By Messrs. Rush of the 104th, Mauldin and Milford of the 13th and many others:
A RESOLUTION
Commending Honorable Frank Edwards and his staff; and for other purposes.
WHEREAS, Honorable Frank Edwards, Legislative Counsel, and his staff have rendered outstanding services to the members of this Body; and
WHEREAS, each member of this Body has been able to obtain speedy and efficient service from the Legislative Counsel's Office; and
WHEREAS, due to the industry and outstanding abilities of Mr. Edwards and his staff, the labors of the members of this Body have been greatly reduced; and
WHEREAS, it is only fitting and proper that Mr. Edwards and his staff be commended for their devotion and for their invaluable contribu tion to the legislative process.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Honorable Frank Edwards, Legislative Counsel, and his staff for a job well done during the 1973 session of the Georgia General Assembly.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap-

FRIDAY, MARCH 16, 1973

3669

propriate copy of this Resolution to Honorable Frank Edwards, Legis lative Counsel.

HR 427. By Messrs. Rush of the 104th, Mauldin and Milford of the 13th and many others:
A RESOLUTION
Expressing appreciation to Mr. Jim Whipkey and the Georgia Edu cational Television Network; and for other purposes.
WHEREAS, Mr. Jim Whipkey and the Georgia Educational Tele vision Network, a service of the Department of Education, render an out standing service to the people of Georgia by their excellent, continuing coverage of the 1973 session of the Georgia General Assembly through the program called "The Lawmakers"; and
WHEREAS, "The Lawmakers" provides an opportunity for all Geor gians to witness the actual proceedings of the General Assembly and to become better informed of the complex operations of the legislative pro cess; and
WHEREAS, Mr. Whipkey has provided the people of the State of Georgia with a concise and unbiased report of the activities of the Gen eral Assembly; and
WHEREAS, the members of the Network staff should be com mended for their untiring effort and efficiency in providing this service to all Georgians.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby express their appreciation to Mr. Jim Whipkey and to the Georgia Educational Television Network, a service of the Department of Education, for their excellent continuing coverage of the 1973 Georgia General Assembly.
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. Jim Whipkey.

HR 428. By Messrs. Rush of the 104th, Mauldin and Milford of the 13th and many others:
A RESOLUTION
Commending Honorable Glenn Ellard and his staff; and for other purposes.
WHEREAS, Honorable Glenn Ellard, Clerk of the House of Repre sentatives, and his staff have rendered outstanding services to the mem bers of this Body; and

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JOURNAL OF THE HOUSE,

WHEREAS, due to the industry and outstanding abilities of Mr. Ellard and his staff, the labors of the members of this Body have been greatly reduced; and

WHEREAS, it is only fitting and proper that Mr. Ellard and his staff be commended for their devotion and for their invaluable contribu tion to the legislative process.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Honorable Glenn Ellard, Clerk of the House of Representatives, and his staff for a job well done during the 1973 session of the Georgia General Assembly.

BE IT FURTHER RESOLVED that an appropriate copy of this Resolution be transmitted to Honorable Glenn Ellard, Clerk of the House of Representatives.

HR 429. By Messrs. Busbee of the 114th, Murphy of the 18th and Smith of the 91st:
A RESOLUTION
Instructing the Legislative Counsel to draft a proposal for the re vision of the State Constitution; and for other purposes.
WHEREAS, the Constitution of Georgia of 1945 has been amended many times and has become a confusing document because of the lack of a more orderly arrangement of its subject matter and of its sub stantive content; and
WHEREAS, the Isick of a systematic arrangement of the subject matter contained in the Constitution makes it very difficult for the citi zens of Georgia to understand the organic law of the State; and
WHEREAS, many citizens have expressed serious dissatisfaction with the confusing and unnecessarily complicated nature of the Con stitution; and
WHEREAS, many amendments have been proposed in a haphazard way, and the Constitution could be clarified and improved by a revision of its form without seriously changing the substantive content thereof; and
WHEREAS, there are many provisions which should be changed from one Article to another, and other provisions should be consolidated, coordinated and rearranged into a more orderly format.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Office of Legislative Counsel, with the advice and assistance of the Attorney General's Office, is hereby in structed to prepare a revision of the Constitution of Georgia, as amended, for the purpose of rearranging and clarifying the substantive

FRIDAY, MARCH 16, 1973

3671

content thereof so that overlapping provisions shall not be contained in different Articles and each Article, to the extent practicable, shall reflect the complete Constitutional treatment of the major subject mat ters of the Constitution. Such revision shall include only such substantive changes in the Constitution as may be necessary to clarify and rear range the content thereof, as herein provided. Such revisions shall be submitted to the General Assembly on or before December 31, 1973, along with a report detailing and explaining the changes made in the Constitution by such revision. The General Assembly shall then take whatever action it deems advisable in connection therewith.

HR 430. By Messrs. Northcutt of the 68th, Smith of the 91st, Levitas of the 50th and others:
A RESOLUTION
Commending Honorable Mac Barber; and for other purposes.
WHEREAS, Honorable Mac Barber was elected to the Georgia Pub lic Service Commission in the Democratic Primary and General Election of 1973; and
WHEREAS, he is a former member of the Georgia General As sembly where he served with distinction; and
WHEREAS, during his membership in the State Legislature, his colleagues designated him as "Mr. Education of Georgia" because of his outstanding contributions to the field of education; and
WHEREAS, he was sworn in as a Commissioner on January 9, 1973; and
WHEREAS, he takes to the Commission a sound philosophy of government; a progressive attitude toward life; integrity; courage; candor and forthrightness; total honesty and a spirit of fairness; and a deep concern for his fellowman; and
WHEREAS, Commissioner Barber gave of his time and talents during this legislative session, making known the needs of the Public Service Commission and recommending to the 1973 legislature the pas sage of legislation, including an increase in the size of the Public Service Commission staff; and
WHEREAS, the legislature has accepted these recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Commis sioner Mac Barber for his faithful and loyal interest in the needs of the people of this State.

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JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 246. By Messrs. Brown of the 89th and Adams of the 36th:
A Bill to amend an Act establishing a violation point system for the as sessment 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.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 166. By Messrs. Pinkston and Evans of the 89th:
A Bill 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; to provide for the accounting of such funds; to provide the procedures connected therewith.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof :
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

HB 211. By Mr. Adams of the 36th:
A Bill to amend an Act creating a Joint City County Board of Tax As sessors in all counties having within it 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.

FRIDAY, MARCH 16, 1973

3673

HB 790. By Mr. Davis of the 56th:
A Bill 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.

HB 803. By Mr. Connell of the 80th:
A Bill to amend an Act creating a merit system in Richmond County so as to provide that any elected official may request that his em ployees be placed under said merit system.

HB 1161. By Messrs. Strickland and Harrison of the 116th:
A Bill 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.

HB 1206. By Messrs. Atherton of the 19th, Nix of the 20th, Howard of the 19th, and others:
A Bill to create the Taxation Study Committee of Cobb County.

HB 1217. By Mr. Ross of the 72nd:
A Bill to amend an Act supplementing the fees paid to the Ordinary of Lincoln County, so as to change the monthly salary of said ordinary.

HB 1218. By Mr. Ross of the 72nd:
A Bill to amend an Act providing compensation for the Treasurer of Lincoln County, so as to change the compensation of said Treasurer.

HB 1219. By Messrs. Harris of the 8th, Shanahan of the 7th and Roach of the 8th:
A Bill to provide for an annual salary for the court reporter of the Cherokee Judicial Circuit; to provide for the compensation of a secre tary for the court reporter.

HB 1220. By Messrs. Harris of the 8th, Shanahan of the 7th and Roach of the 8th:
A Bill to provide for an investigator for the office of the District Attorney of the Cherokee Judicial Circuit.

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JOURNAL OF THE HOUSE,

HB 1221. By Messrs. Pearce of the 87th, Berry of the 86th, King and Davis of the 85th, Buck of the 87th and Thompson of the 86th:
A Bill to provide that the homestead of each resident of Muscogee County School District who is 62 years of age or older and who has an income not exceeding $6,000 per annum shall be exempt from all ad valorem taxation for educational purposes.

HB 1222. By Messrs. Bohannon and Patterson of the 64th:
A Bill to reincorporate the City of Bowdon in the County of Carroll; to create a new charter for the city.

HB 1223. By Messrs. Moyer of the 99th and Waddle of the 98th:
A Bill to amend an Act incorporating the City of Warner Robins, so as to permit advance refunding of outstanding revenue bonds by certain methods.

HB 1224. By Mr. Harrison of the 116th:
A Bill to amend an Act providing for a new charter for the City of Baxley, so as to change the corporate limits of the City of Baxley.

HB 1225. By Mr. Harrison of the 116th:
A Bill to amend an Act creating the Board of Commissioners of Wayne County, so as to change the compensation of the members of said board.

HB 1226, By Mr. Adams of the 84th:
A Bill to amend an Act entitled "An Act to create a Board of Com missioners in the County of Harris", so as to change the compensation and expenses of the Chairman and the other members of the Board.

HB 1228. By Mr. Turner of the 3rd:
A Bill to amend an Act incorporating the City of Varnell, so as to change the corporate limits of said City.

HB 1229. By Mr. Bray of the 66th:
A Bill to amend an Act placing the sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to change the compensation provisions relating to the clerk of the ordinary.

FRIDAY, MARCH 16, 1973

3675

HB 1231. By Messrs. Knight and Ware of the 65th:
A Bill to amend an Act incorporating the City of Newnan, so as to change the terms of office of the mayor and aldermen of said City.

HB 1232. By Messrs. Knight, Ware and Mullinax of the 65th:
A Bill 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 elec trical distribution systems without and beyond the corporate limits of said City.

HB 1234. By Messrs. Sweat of the 125th, and Dixon of the 126th:
A Bill to amend an Act placing certain of the county officers of Ware County upon an annual salary, so as to provide for a change in the compensation of the clerk of the superior court.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:

HR 108-387. By Mr. Larsen of the 27th: A Resolution compensating the Sessions Company, Inc., Enterprise.

HR 157-631. By Messrs. Berlin, Brown, Coney, 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.
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.

HR 290-1091. By Mr. Harris of the 8th:
A Resolution authorizing the conveyance of certain State-owned real property located in Bartow County.

The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

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JOURNAL OF THE HOUSE,

HB 397. By Mr. Rainey of the 115th and Mr. Larsen of the 27th:
A Bill to regulate massive water-related recreational events that may cause damage to natural resources.

HB 444. By Messrs. Rainey of the 115th, Peters of the 2nd, Grahl of the 88th, and others: A Bill to be known as the Georgia Animal Importation Act.
HB 606. By Mr. Wheeler of the 127th: A Bill 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.

HB 862. By Messrs. Knight of the 65th, Irwin of the 113th, Harris of the 51st and Murphy of the 18th:
A Bill 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 duly appointed guardian.

HB 863. By Messrs. Knight of the 65th, Irwin of the 113th, Harris of the 51st, and Murphy of the 18th:
A Bill 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.

HB 909. By Mr. Knight of the 65th:
A Bill to provide that the State of Georgia shall be a party to the "Southern Growth Policies Agreement".

HB 963. By Messrs. Cole of the 6th, Shanahan of the 7th, Foster of the 6th:
A Bill 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.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House, to-wit:

FRIDAY, MARCH 16, 1973

3677

HR 76-251. By Messrs. Kreeger of the 21st, Howard of the 19th, Duke of the 20th, and others:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Cobb Judicial Circuit.

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.
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 650. By Mr. Wamble of the 120th: A Bill 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.
HB 671. By Messrs. Morgan of the 70th, Lee of the 114th, Walker of the 100th, and others: A Bill to amend Code Title 50, relating to habeas corpus, so as to pro vide that all reasonable grounds for relief shall be raised in the original or amended petition for writ of habeas corpus.

HB 1017. By Mr. Harris of the 51st: A Bill to provide for the procedure by which a trustee may resign his trust.
HB 1115. By Messrs. Morgan of the 70th and Hutchinson of the 114th: A Bill 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 authorization of credit transfer.

HB 1118. By Mr. Busbee of the 114th:
A Bill to amend the Georgia Budget Act, Georgia Code Chapter 40-4, to comply with the constitutional requirement for annual appropria tions.

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JOURNAL OP THE HOUSE,

HB 480. By Messrs, Alexander of the 39th, Marcus of the 26th, Mrs. Hamilton of the 31st, and others:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to year-round operation of schools.

HB 942. By Messrs. Matthews, Logan and Russell of the 62nd:
A Bill 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.

HB 946. By Messrs. Snow of the 1st, Walker of the 100th, Morgan of the 70th, and others: A Bill to amend Code Chapter 38-6, relating to records and public docu ments 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.
HB 947. By Messrs. Snow of the 1st, Walker of the 100th, Russell of the 53rd, and others: A Bill 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 jurisdic tion.
HB 960. By Messrs. Groover of the 75th, Smith of the 74th, Tucker of the 69th, and others: A Bill to amend an Act placing the District Attorney of the Flint Judi cial Circuit on an annual salary in lieu of the fee system of compensa tion, so as to change the qualifications of the Assistant District At torney.
HB 1037. By Messrs. Mulherin of the 81st and Petro of the 46th:
A Bill 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.
HB 848. By Messrs. Carlisle of the 67th, Buck of the 87th, Bailey of the 68th, and others:
A Bill 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".

FRIDAY, MARCH 16, 1973

3679

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 governing authorities to designate certain streets and highways for use by motorized carts from motor vehicle inspection requirements and vehicle equipment requirements.

The Senate has adopted the report of the Committee of Conference on the following Bills of the House, to-wit:

HB 141. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th: A Bill to make and provide appropriations for the fiscal year beginning July 1, 1973, and ending June 30, 1974.
HB 176, By Mr. Greer of the 43rd: A Bill 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.
HB 933. By Messrs. Smith of the 91st, Floyd of the 5th, Busbee of the 114th and Murphy of the 18th: A Bill to amend Code Section 40-1801, relating to the creation of the Department of Audits, so as to provide that the Office of State Auditor shall be a part of the Legislative Branch of Government.
The Senate recedes from its position in disagreeing to the House amend ments to the following Bill of the Senate, 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 cases.
The Senate recedes from its position in disagreeing to the House amendment by Mr. Murphy to the following Bill of the Senate, to-wit:
SB 377. By Senator Holloway of the 12th: A Bill to amend Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Control Code", so as to change the name of the Code codified as Code Chapter 91-1A.

3680

JOURNAL OF THE HOUSE,

The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the House, to-wit:

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.

The Senate has agreed to House substitute to the following Bill of the Senate, to-wit:

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".

The Senate has agreed to House amendments to the following Bills of the Senate, to-wit:

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 387. By Senator Jackson of the 16th:
A Bill to amend Code Section 84-901, of the Code of Georgia of 1933, as amended, so as to define the terms of "doctors of medicine", "licensed doctors of medicine" and similar terms as meaning and including only those persons who have graduated from a medical college and hold the degree of Doctor of Medicine.

SB 232. By Senators Reynolds of the 48th, London of the 60th 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 339. By Senator Coggin of the 35th:
A Bill to amend Code Section 22-903, relating to class voting by the holders of the outstanding shares of a class of stock on amendments to

FRIDAY, MARCH 16, 1973

3681

the articles of incorporation of a corporation, so as to provide that unless the articles of incorporation or certain resolutions provide, the holders of shares of a class shall be entitled to vote on certain amend ments to the articles.

SB 209. By Senator Starr of the 44th:
A Bill to amend an Act comprehensively and exhaustively revising, 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 thirty days after conviction.

SB 31. 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 adopted by the requisite constitutional majority the follow ing Resolution of the House, to-wit:

HR 337. By Messrs. Matthews and Collins of the 122nd, Lowrey of the 15th and others:
A Resolution urging the Secretary of Agriculture to establish the sup port price of farm commodities for the next marketing year at the level of 85 percent of the parity price.

The following communications were received:
OFFICE OF LEGISLATIVE COUNSEL 316 State Capitol
Atlanta, Georgia 30334
January 16,1973
Honorable Ben W. Fortson, Jr. Secretary of State State Capitol Atlanta, Georgia 30334
Dear Mr. Ben:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable J. O. Bacon was elected as a member of the State Transportation Board from the First Congressional District. He will serve for a term begin ning April 16, 1973, and expiring April 15, 1978. This certificate is

3682

JOURNAL OF THE HOUSE,

furnished to you pursuant to the provisions of the 1963 Act reorganizing the State Transportation Board.
With kindest personal regards and best wishes, I am
Sincerely yours,
/s/ Frank H. Edwards Legislative Counsel
FHE:yr Enclosure
CC: Honorable Jimmy Carter Honorable Lester G. Maddox Honorable Geo. L. Smith II Honorable J. O. Bacon Honorable Bert Lance Honorable Emory C. Parrish Honorable Hamilton McWhorter, Jr. Honorable Glenn W. Ellard Honorable William Harper

THE GENERAL ASSEMBLY Atlanta
To: Honorable Ben W. Fortson, Jr. Secretary of State
This is to certify that Honorable J. O. Bacon, Bryan County, has been elected, pursuant to the provisions of the Act reorganizing the State Transportation Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), as a member of the State Transportation Board from the First Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1973 and expiring April 15,1978.
This 16th day of January, 1973.
/s/ Lester G. Maddox President of the Senate
/s/ Geo. L. Smith II Speaker, House of Representatives

THE GENERAL ASSEMBLY Atlanta
Honorable Lester G. Maddox Lieutenant Governor State Capitol Atlanta, Georgia 30334

January 16, 1973

Dear Lieutenant Governor Maddox:

Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Transportation Board, approved January 25,

FRIDAY, MARCH 16, 1973

3683

1963 (Ga. Laws 1963, p. 3), a caucus was held on January 16, 1973 at 2:00 o'clock p. m., in Room 341, State Capitol, at which caucus Honor able J. 0. Bacon, Bryan County, was elected as a member of the State Transportation Board from the First Congressional District to serve a term beginning April 16, 1973 and expiring April 15, 1978.

Respectfully submitted,
l&l Hines L. Brantley Representative, 92nd District Chairman First Congressional District Caucus
Isl Herbert Jones, Jr. Representative, 109th District Secretary First Congressional District Caucus

THE GENERAL ASSEMBLY Atlanta
January 16, 1973
Honorable Geo. L. Smith II Speaker House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Smith:
Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Transportation Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 16, 1973 at 2:00 o'clock p. m., in Room 341, State Capitol, at which caucus Honor able J. 0. Bacon, Bryan County, was elected as a member of the State Transportation Board from the First Congressional District to serve a term beginning April 16, 1973 and expiring April 15, 1978.
Respectfully submitted,
Isl Hines L. Brantley Representative, 92nd District Chairman First Congressional District Caucus
Isl Herbert Jones, Jr. Representative, 109th District Secretary First Congressional District Caucus

3684

JOURNAL OF THE HOUSE,

OFFICE OF LEGISLATIVE COUNSEL 316 State Capitol
Atlanta, Georgia 30334

January 16,1973

Honorable Ben W. Fortson, Jr. Seer etary of State State Capitol Atlanta, Georgia 30334

Dear Mr. Ben:

Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Lamar R. Plunkett was elected as a member of the State Transportation Board from the Sixth Congressional District. He will serve the re mainder of the unexpired term of Honorable Burton Lee, which term expires April 15, 1976. This certificate is furnished to you pursuant to
the provisions of the 1963 Act reorganizing the State Transportation Board.

With kindest personal regards and best wishes, I am

Sincerely yours,
I si Frank H. Edwards Legislative Counsel

FHE:yr Enclosure

CC: Honorable Jimmy Carter Honorable Lester G. Maddox
Honorable Geo. L. Smith II Honorable Lamar R. Plunkett
Honorable Bert Lance Honorable Emory C. Parrish Honorable Hamilton McWhorter, Jr. Honorable Glenn W. Ellard Honorable William Harper

THE GENERAL ASSEMBLY Atlanta
To: Honorable Ben W. Fortson, Jr. Secretary of State
This is to certify that Honorable Lamar R. Plunkett, Carroll County, has been elected, pursuant to the provisions of the Act re organizing the State Transportation Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), as a member of the State Transportation Board from the Sixth Congressional District, to serve the remainder of

FRIDAY, MARCH 16, 1973

3685

the unexpired term of Honorable Burton Lee, which term expires April 15, 1976.

This 16th day of January, 1973.

/s/ Lester G. Maddox President of the Senate
/s/ Geo. L. Smith II Speaker, House of Representatives

THE GENERAL ASSEMBLY Atlanta
Honorable Lester G. Maddox Lieutenant Governor State Capitol Atlanta, Georgia 30334

January 16, 1973

Dear Lieutenant Governor Maddox:

Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Transportation Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 16, 1973 at 3:30 o'clock p. m., in Room 341, State Capitol, at which caucus Honor able Lamar R. Plunkett, Carroll County, was elected as a member of the State Transportation Board from the Sixth Congressional District to serve the remainder of the unexpired term of Honorable Burton Lee, which term expires April 15, 1976.
Respectfully submitted,
/s/ Terrell Starr Senator, 44th District Chairman Sixth Congressional District Caucus
/s/ Gerald T. Horton Representative, 43rd District Secretary Sixth Congressional District Caucus

THE GENERAL ASSEMBLY Atlanta
Honorable Geo. L. Smith II Speaker House of Representatives State Capitol Atlanta, Georgia 30334

January 16, 1973

Dear Speaker Smith:

Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Transportation Board, approved January

3686

JOURNAL OF THE HOUSE,

25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 16, 1973 at 3:30 o'clock p. m., in Room 341, State Capitol, at which caucus Honorable Lamar R. Plunkett, Carroll County, was elected as a member of the State Transportation Board from the Sixth Congressional District to serve the remainder of the unexpired term of Honorable Burton Lee, which term expires April 15, 1976.

Respectfully submitted,
Is/ Terrell Starr Senator, 44th District Chairman Sixth Congressional District Caucus
/s/ Gerald T. Horton Representative, 43rd District Secretary Sixth Congressional District Caucus

OFFICE OF LEGISLATIVE COUNSEL 316 State Capitol
Atlanta, Georgia 30334
January 16, 1973
Honorable Ben W. Fortson, Jr. Secretary of State State Capitol Atlanta, Georgia 30334

Dear Mr. Ben:

Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Hugh D. Broome was elected as a member of the State Transportation Board from the Second Congressional District. He will serve for a term beginning April 16, 1973, and expiring April 15, 1978. This certificate is furnished to you pursuant to the provisions of the 1963 Act reorganiz ing the State Transportation Board.

With kindest personal regards and best wishes, I am

Sincerely yours,

FHEryr Enclosure

/s/ Frank H. Edwards Legislative Counsel

CC: Honorable Jimmy Carter Honorable Lester G. Maddox
Honorable Geo. L. Smith II Honorable Hugh D. Broome Honorable Bert Lance Honorable Emory C. Parrish Honorable Hamilton 'McWhorter, Jr. Honorable Glenn W. Ellard Honorable William Harper

FRIDAY, MARCH 16, 1973

3687

THE GENERAL ASSEMBLY Atlanta

To: Honorable Ben W. Fortson, Jr. Secretary of State

This is to certify that Honorable Hugh D. Broome, Seminole County, has been elected, pursuant to the provisions of the Act re organizing the State Transportation Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), as a member of the State Transportation Board from the Second Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1973 and expiring April 15,1978.

This 16th day of January, 1973.

/s/ Lester G. Maddox President of the Senate
/s/ Geo. L. Smith II Speaker, House of Representatives

THE GENERAL ASSEMBLY Atlanta

January 16, 1973

Honorable Lester G. Maddox Lieutenant Governor State Capitol Atlanta, Georgia 30334

Dear Lieutenant Governor Maddox:

Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Transportation Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 16, 1973 at 3:00 o'clock p. m., in Room 341, State Capitol, at which caucus Honor able Hugh D. Broome, Seminole County, was elected as a member of the State Transportation Board from the Second Congressional District to serve a term beginning April 16, 1973 and expiring April 15, 1978.

Respectfully submitted,
/s/ James W. Keyton Representative, 121st District Chairman Second Congressional District Caucus
/s/ Henry Bostick Representative, 123rd District Secretary Second Congressional District Caucus

3688

JOURNAL OF THE HOUSE,

THE GENERAL ASSEMBLY Atlanta

January 16, 1973

Honorable Geo. L. Smith II Speaker House of Representatives State Capitol Atlanta, Georgia 30334

Dear Speaker Smith:

Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Transportation Board, approved January 25,
1963 (Ga. Laws 1963, p. 3), a caucus was held on January 16, 1973 at 3:00 o'clock p. m., in Room 341, State Capitol, at which caucus Honor able Hugh D. Broome, Seminole County, was elected as a member of the State Transportation Board from the Second Congressional District to serve a term beginning April 16, 1973 and expiring April 15, 1978.

Respectfully submitted,
/s/ James W. Keyton Representative, 121st District Chairman Second Congressional District Caucus
/s/ Henry Bostick Representative, 123rd District Secretary Second Congressional District Caucus

Pursuant to Act No. 1294 (HB 1210), Georgia Laws, 1970, the following communication was received from the Honorable Ben W. Fortson, Jr., Secretary of State:

SECRETARY OF STATE State Capitol Atlanta
Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334

March 16, 1973

Dear Jack:

I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearances as of Monday,

FRIDAY, MARCH 16, 1973

3689

March 12, 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 322-332)

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the three pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 322 through 332) 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 Monday, March 12, 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 16th day of March, in the year of our Lord One Thousand Nine Hundred and Seventy-three and of the Independence of the United States ol America the One Hundred and Ninety-seventh.
/s/ Ben W. Fortson, Jr. Secretary of State
Seal.
321. Glenn Anthony Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30303
322. Milton A. Carlton, Jr. Georgia Power Company P. 0. Box 4545 Atlanta, Georgia 30302
323. James C. Brim, Jr. Georgia Electric Membership Corporation P. 0. Box 304 Camilla, Georgia 31730

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JOURNAL OF THE HOUSE,

324. Oscar F. Rogers Georgia Electric Membership Corporation 3929 Menlo Dr., N.E. Atlanta, Georgia 30340

325. Roy W. Sockwell Christian Science Committee on Publications 918 Healey Building Atlanta, Georgia 30303

326. F. Coin Campbell, Jr. Home Builders Association of Metropolitan Atlanta 2221 Tristan Cir., N.E. Atlanta, Georgia 30345

327. William T. Bryant Home Builders Association of Metropolitan Atlanta 3102 Kingscliff Way, N.E. Atlanta, Ga. 30345

328. James W. Haney Home Builders Association of Metropolitan Atlanta 8990 River Run Dunwoody, Ga. 30338

329. Thomas M. Linder, Jr. International City Corp. First National Bank Tower Atlanta, Georgia 30303

330. Norman Underwood International City Corp. 1500 Candler Building Atlanta, Georgia 30303

331. J. D. Caswell Home Builders Association of Georgia 2200 Rockbridge Road Norcross, Georgia 30071

332. Richard F. Hewatt Atlanta Lodge No. 65 Loyal Order of Moose 563 Trabert Avenue, N.W. Atlanta, Georgia 30309

Mr. Busbee of the 114th moved that the following Bills and Resolutions of the House and Senate remaining on the General Calendar at the close of the 1973 Session (except those tabled) be recommitted to their previous committees:

HB

25. Election Code, Closing of Polls

HR 7- 27. Innocent Victims of Violent Crimes, Compensation

FRIDAY, MARCH 16, 1973

3691

HB

34. Industrial Loan Act, Penalty Provisions

HB

35. Garnishment, Judgement, Assent St. Government

HR 20- 58. School Systems Merger, Area School Districts

HB

72. Misdemeanor, Discharges Deadly Weapon

HB

91. Banks, Fin., Inst. etc., Credit Discrimination

HB

93. Felony, possession of certain knives

HB

127. Criminal Cases, Jury Verdict

HR 39- 135. Jurors Selected Within Superior Court Area

HB

179. Birth Registrations, Record

HR 61- 191. Lieutenant Governor's Office, Abolish

HB

199. Superior Court Clerks, File Civil Case

HB

210. Emp. Retirement System, General Assembly

HB

235. Office of District Attorney Emeritus

HB

244. Motor Vehicles, Traffic Laws

HB

279. Judicial Circuits, Ass't D.A.'s Salaries

HB

319. Planning Commissions, Create

HB

320. County Municipal Planning and Zoning

HB

327. Public Service Comm. Emeritus, Compensation

HB

346. Retirement System, Sick Leave

HB

348. Public Transportation, New Code

HB

366. Teacher & Certified Personnel

HB

399. Highways, Chemical Tests, inadmissibility

HB

421. Pre-School Educational Facilities, Require

HB

428. Holder of Deposits, Accrue Interest

HB

429. Bldg. Adm., Bd., Office of Housing Section

HB

451. Ambient Noise Emission, Health Regulation

HB

468. Health Code, Civil Penalties

HB

479. Compulsory School Attendance, Age

HR 127- 480. Constitution Revision Commission, Create

HR 135- 503. Commission to Protect Rivers and Streams

HB

523. Housing, Prohibit Discrimination

HB

558. Vehicles, Transp. Drugs, Declare Contraband

HB

569. Interstate Agreement on Detainers

HB

596. Freshwater Trout, Commercial Sale

3692
HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB SR
SB
SB
SB

JOURNAL OF THE HOUSE,
598. Vehicles, transport drugs, confiscation 599. Drugs, seizure, condemnation 615. Municipal Officers, Misconduct 626. Voters, Election, Photo, Identification 646. Notice & Hearing For Provisional Remedies 666. Bail Bond Business, Persons Eligible 697. Intangible Property Tax, Returns 699. Chiropractic, Podiatry, Applicant 744. State Employees, Fidelity Bonds 747. Planning & Dev. Comm. Guides for Areas 749. Practice of Law, Regulation 778. Hunting, hunters' outer clothing 817. City Board of Health: Person Aggrieved; Appellate Proc. 822. Guilty Plea W/O Indictment by Grand Jury 846. Motor Vehicle License Plates, Non-Residents 847. Highways, Minimum Speed Limits 864. Motor Carriers, Inspection and Safety 869. Motor Vehicles, Wheel Flaps 903. Juvenile Court, Jurisdiction 904. Misdemeanants & Felons, Under 17 years 918. Aid to Dependent Children; Illegitimate 951. Aliens, Residents 1 year, Medical Licensure 979. State Official, Compensation Bills 981. Motor Vehicle, Flee to Elude Police Officer 982. Board of Corrections, Employ Inmates 1016. Deeds, mortgages, power of sale 1064. Hypodermic Syringe Written Prescription 1094. Motor Vehicle Licenses, Single Class 1112. Number of Grand Jurors, Two Alternate 1176. Special Investigators, Make Arrests, Certain Circuits 13. Traverse Jury, Of Six, Verdict
17. Contraband Articles, County Treasurer Moneys
19. Ga. Health Care Fac., Fire Safety Act
23. Criminal Damage-Property: Altered in Marks

FRIDAY, MARCH 16, 1973

3693

SB

38. Peace Warrants and Behavior Bonds

SB

45. Dismissal of Suits Pending 2 years

SR

46. Pattern Jury Instructions, Study Comm.

SB

56. Property, Good Title, Adverse Possession

SB

59. Fire Protection, High Rise Buildings

SB

85. Theft By Taking, Change Labels & Tags

SR

85. City, County, Incurred Debt

SB

86. Deceptive Practices, Check Stamp Impressions

SB

87. Disorderly Conduct, Obscene Words

SB

91. Practice of Law, Unlawful, Penalty

SB

130. Dept. of Transportation, Venue of Ser. of Suits

SB

135. Juvenile Court, Judge, Expenses

SR

142. Timber, North Georgia Mountains, Halt Cutting

SB

151. Administrators, Permit Sales

SB

159. Coweta Judicial Circuit: Additional Judge

SB

166. State Officials, Gifts, Favors

SB

178. Counties, Board Appoint Librarian

SB

186. Human Resources, Institutions, Employee

SB

229. Human Resources & Natural Resources Board, Documents

SB

272. State Employees, Travel Expenses

SB

295. Charitable Trusts, Administration

SB

326. Pardons & Parole, aged or disabled inmates

SB

348. Property Appraisal and reevaluation

SB

355. Provide for Plea Bargaining

SB

367. Bar Examiners, Change Number

SB

371. Crimes, Registration of Weapons Possessed

SB

372. Firearms & Weapons Act, Amend

SB

378. Motor Vehicle Driver, Strikes Person, Injury

SB

379. Ordinary Appoint Guardians of Mentally 111

The motion prevailed.

Pursuant to HR 417, as amended, adopted by the House and Senate, the Speaker announced the House adjourned Sine Die.

3694

JOURNAL OF THE HOUSE,

The following interim committee reports were received:

THE GENERAL ASSEMBLY Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE SUBCOMMITTEE ON HOUSE BILLS 1402 AND 1403
OF THE GAME AND FISH COMMITTEE

THE COMMITTEE
Honorable Dewey D. Rush Representative, 104th District
Chairman Honorable Leon R. Floyd Representative, 56th District Honorable Bobby W. Johnson Representative, 29th District Honorable Thomas A. Roach Representative, 8th District Honorable L. Jack Strickland Representative, 116th District
January 1973
The Subcommittee on House Bills 1402 and 1403 was created to study these two bills which were introduced during the 1972 session of the General Assembly and report its findings and recommendations to the House Game and Fish Com mittee.
House Bill 1402 deals with the establishment of a "catch-out pond" license (Section 1 and Section 2G) and provides that nonresidents not be required to purchase a license or trout stamp (where applicable) to fish on property under jurisdiction or control of the State Parks Department (Section 2H). The "catchout pond" license would provide to the operators of these facilities an alternative or option to the existing requirements that all persons fishing such ponds except the landowner, his immediate family and tenants purchase a fishing license and a trout stamp. This option would permit the operator of catch-out ponds to purchase a $200.00 license which would allow residents and nonresidents to fish in his private ponds without a license or trout stamp. Subcommittee members observed some of these installations and met with operators of catch-out ponds and discussed this matter with a cross section of interested Georgians. This bill was well received by the operators and general public with the exception that some of the small operators indicated they thought the fee was too high. In addition to licensing provisions, interest was expressed in eliminating creel and possession limits for fish taken from catch-out ponds.

INTERIM COMMITTEE REPORTS

3695

It is the feeling of the Subcommittee that the provisions in this bill are in the best interest of Georgians since the cost of fish for these catch-out ponds is entirely borne by the owners at no expense to the public and as such does not differ greatly from other agricultural crops. In addition, the passage of such
legislation will assist in the further expansion and development of this industry by encouraging use of these facilities by both residents and tourists, as well as relieving fishing pressure on public waters. The Subcommittee also feels that creel and possession limits for catch-out ponds should be eliminated. However, since this will require regulatory measures to insure protection of public fish resources, we are recommending that this be accomplished by regulations of the Natural Resources Board.

Section 2G in the bill would permit nonresidents to fish on properties of the State Parks Division without a fishing license or trout stamp received con siderable attention. The primary objection to this provision is that nonresidents would be permitted to fish without licenses whereas residents would be required
to purchase licenses to fish the same waters. The elimination of both resident and nonresident license requirements for Parks Department property would result in considerable loss in revenue. It was learned by the Subcommittee that the problem which prompted this legislation was primarily trout ponds or streams in North Georgia Parks where nonresidents were required to purchase both a license and trout stamp for all persons regardless of age. Therefore, in order to eliminate this problem without discrimination against residents this Subcommittee recommends that the trout stamp requirement on State Parks property only be eliminated for both residents and nonresidents.

HB 1403 was intended to permit the sale of mountain trout from commercial hatcheries to restaurants or fish markets for resale. After reviewing existing legislation, the Subcommittee was of the opinion that a revision of existing statutes regarding sale of all game fish species was very much needed. Current legislation permits the sale of game fish from private ponds provided a permit is obtained from the Game and Fish Division. This legislation does not authorize the sale of game fish from commercial hatcheries nor does it permit the resale of game fish by markets or restaurants.

The objective of this Subcommittee is to permit the sale and resale of game fish from commercial hatcheries and private ponds since these fish are produced solely on the property and at the expense of the landowner. At the same time we were cognizant that laws on sale of game fish should have necessary restric tions to protect game fish from public waters being- sold and to protect the buyers of such fish.

Persons involved in the sale of game fish can be divided into two categories: those operating as a commercial business normally with a number of ponds or raceways where fish are sold on a regular basis, and those people with a small
number of ponds that normally drain them and sell fish only once a year as a supplement to income from other sources. The first category is a true commercial
fish hatchery and should be defined as such and require a $50.00 commercial fish hatchery license provided for in HB 340 passed at the 1970 legislative session. The latter category should not be required to purchase a license but should obtain a permit from the Game and Fish Division to sell the fish.

In both cases it should be left to the discretion of the Game and Fish Division to develop necessary regulations for packaging and identification of game fish to be sold from such operations to protect against the possible sale

3696

JOURNAL OP THE HOUSE,

of game fish from public waters. The Division should also develop essential regulations for regular disease inspections to protect buyers of such fish and also to prohibit the rearing or sale of undesirable fish species.

The accompanying bills are an effort to accomplish the objectives in this report and the Subcommittee recommends that they receive your careful con sideration.

Respectfully submitted,
/s/ Dewey D. Rush Representative, 104th District Chairman
/s/ Leon R. Ployd Representative, 56th District
/s/ Bobby W. Johnson Representative, 29th District
/s/ Thomas A. Roach Representative, 8th District
/s/ L. Jack Strickland Representative, 116th District

APPENDIX
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, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to define commercial fish hatchery; to change the provisions relative to the sale of game fish from private ponds; to authorize the sale of game fish by commercial fish hatcheries; 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 GEORGIA:
Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, is hereby amended by adding a new subsection at the end of Section 2 to be designated subsection (21) and to read as follows:
"(21) 'Commercial fish hatchery' means an area consisting of two or more ponds or a raceway system which is capable of growing fish from eggs, fry or fingerlings to a commercially saleable siz and which produces fish from such eggs, fry or fingerlings for sale on a regular basis."
Section 2. Said Act is further amended by striking Section 85 in its en tirety and substituting in lieu thereof a new Section 85 to read as follows:

INTERIM COMMITTEE REPORTS

3697

"Section 85. (a) Except as otherwise provided herein and in Sec tion 85A of this Act, no person shall barter, sell or purchase or offer to barter, sell or purchase or have in possession for barter or sale, any fresh water game fish. Game fish shipped from without the State and accompanied by a bona fide bill of sale giving the details of the source of the fish and a description thereof, may be sold, provided the seller has in his possession such bill of sale and otherwise has conformed to all the provisions of this Act and such rules and regulations as may be adopted by the Board of Natural Resources pertaining thereto.

(b) In accordance with the following requirements and rules and regulations of the Board of Natural Resources, owners of private ponds may sell the game fish therefrom by obtaining a permit from the Game and Fish Division of the Department of Natural Resources before taking the fish. Any such permit may be issued to only one individual and only once annually. The permit shall limit the time for taking the fish from the private pond to fifteen days unless an extension is granted by the Game and Fish Division. Game fish taken from private ponds may be sold under rules and regulations of the Board of Natural Re sources. In each instance where the request to sell is approved, the Game and Fish Division will issue to the owner of such private pond sufficient copies of the permit to provide one to the purchaser of the fish taken and one to any common carrier or carriers to be engaged in transporting the fish within the State. No permit shall be required to take or sell channel catfish from private ponds.

(c) All game fish transported within this State for the purpose of barter, sale or purchase, or delivery on a barter, sale or purchase shall be accompanied by a permit to sell issued by the Game and Fish Division of the Department of Natural Resources or by proof that they were taken outside the geographical boundaries of this State.

(d) No common carrier shall accept game fish within this State for transportation for barter, sale or purchase, or delivery on a barter, sale or purchase unless said fish be accompanied by a copy of the permit to sell, nor shall any common carrier transport game fish into or through this State for such purposes unless accompanied by proof that they were taken outside the geographical boundaries of this State.

(e) Any person violating any of the provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor."

Section 3. Said Act is further amended by adding a new section between Sections 85 and 86 to be designated Section 85A and to read as follows:
"Section 85A. A commercial fish hatchery licensed under Section 30(a) VII (13) of this Act may sell all species of game fish subject to rules and regulations of the Board of Natural Resources."

Section 4. This Act shall become effective upon its approval by the Gov ernor or upon its becoming law without his approval.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
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, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, particularly by an Act approved March 3, 1971 (Ga. Laws 1971, p. 38), so as to provide for a catch out pond license; to provide for a definition; to provide that resident and non resident visitors to Georgia State Parks shall not be required to purchase a trout stamp to fish on lands owned or under lease by the Parks and Recreation Division of the Department of Natural Resources; to provide for all matters relative to the foregoing; to provide an effective date; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, particularly by an Act approved March 3, 1971 (Ga. Laws 1971, p. 38), is hereby amended by adding a new item at the end of paragraph (VII) of subsection (a) of Section 30 to be designated item (14) and to read as follows:
"(14) Catch Out Pond License--Annual--200.00"
Section 2. Said Act is further amended by adding two new subsections at the end of Section 30 to be designated subsections (h) and (i) and to read as follows:
"(h) As used in item (14) of paragraph VII of subsection (a) of this Section, 'catch out pond' means a fresh water pond or lake, the owner or operator of which charges persons a fee for the right to fish therein. The owner or operator of a catch out pond may purchase, at his option, a catch out pond license, and persons, both residents and nonresidents of Georgia, may fish therein without the necessity of purchasing a fishing license, and trout stamp, if applicable. When the owner or operator of a catch out pond elects not to purchase a catch out pond license, then persons fishing therein shall be required to have a valid fishing license, and trout stamp, if applicable, either resident or nonresident, as the case may be. The Board of Natural Resources is hereby authorized to adopt such rules and regulations as may be neces sary to carry out the provisions of this subsection.
(i) Resident and nonresident visitors to Georgia State Parks shall not be required to purchase a trout stamp otherwise required by paragraph III of subsection (a) of this Section when such visitors are fishing on lands owned or under lease by the Parks and Recreation Division of the Department of Natural Resources."
Section 3. This Act shall become effective upon its approval by the Gover nor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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3699

THE GENERAL ASSEMBLY State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
*******

REPORT OF THE HIGHWAY SAFETY SUBCOMMITTEE
OF THE HOUSE MOTOR VEHICLES COMMITTEE

THE SUBCOMMITTEE

Honorable G. D. Adams Representative, 100th District
Chairman Honorable S. Phillip Brown
Representative, 81st District Honorable Chappelle Matthews Representative, 16th District Honorable Robert G. Peters Representative, 2nd District

Honorable Burton M. Wamble Representative, 69th District Honorable J. R. Smith Representative, 39th District Ex Officio (Chairman, House Motor Vehicles Committee)

SUMMARY REPORT of the
HIGHWAY SAFETY SUBCOMMITTEE of the
HOUSE MOTOR VEHICLES COMMITTEE STATE OF GEORGIA
January 10, 1973
HIGHWAY SAFETY SUBCOMMITTEE REPORT
CONTENTS Page 1-4 Report of Meetings Held by the Subcommittee 4 Recommendations of the Subcommittee 5 Appreciation to Participating Groups and Individuals 6-14 Exhibits
6. Exhibit A ... State's Compliance in 16 National Highway Safety Standards

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7. Exhibit B ... List of 18 National Highway Safety Emphasis Areas 8. Exhibit C . .. Resolution Commending Rep. G. D. Adams 9. Exhibit D . .. Resolution on Continuation of Subcommittee 10. Exhibit E ... Listing of Proposed Highway Safety Legislation 11. Exhibit F . .. Listing of Participating Groups and Individuals 12. Exhibit G . . . Travel Death Rate, Georgia and the United States 13. Exhibit H . .. Cumulative Fatality Total, Georgia 14. Exhibit I... Projection of Traffic Fatalities in Georgia

SUMMARY REPORT OF THE HIGHWAY SAFETY SUBCOMMITTEE OF THE HOUSE MOTOR
VEHICLES COMMITTEE

January 10, 1973

MEMBERS

Rep. G. D. Adams, Atlanta, chairman Rep. Chappelle Matthews, Athens Rep. S.Phillip Brown, Macon Rep. Burton M. Wamble, Cairo Rep. Robert G. Peters, Ringgold Rep. J. R. Smith, Barnesville, ex officio (Chairman, House Motor Vehicles Committee)

In June, 1972, Rep. J.R. Smith, chairman of the House Motor Vehicles Com mittee, and Carlton Fisher, director of the Office of Highway Safety, met and discussed ways and means to combat the growing menace of traffic deaths, injuries and property damage to the people of Georgia.

It was agreed that some hard work lay ahead, both in the Legislative and in the Executive-Administrative branches of State Government if any significant reduction was to be made in the mounting traffic losses.

Representative Smith appointed five members of the House Motor Vehicles Committee to serve on an Interim Highway Safety Subcommittee, the purposes of which were to be:

1. To bring about a closer working relationship on highway safety between the Legislative and Executive branches of government, and between these two and the Traffic Safety Community's leadership in Georgia;

2. To make a thorough study of Georgia's efforts in highway safety and to report on the State's compliance in the 18 National Highway Safety Standards, and

3. To recommend ways and means to improve highway safety, especially in the field of legislation needed to meet highway safety problems un covered by the Subcommittee.

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3701

The Subcommittee held its organizational meeting on June 7, 1972 in the Office of Highway Safety. Mr. Fisher welcomed the group, and at the request of the chairman, gave an overview of the State's Compliance in the 18 National Highway Safety Standard areas. (Exhibit A details this information in chart form.) The Subcommittee explored the broad range of traffic safety activity in Georgia, and the discussion took up, among other things, Uniform Rules of the Road, Improvements needed in the State's Traffic Records System, Tighter Controls on Drinking Drivers, and Emergency Medical Services. The Subcom mittee agreed to invite National Highway Traffic Safety Administration of ficials, a representative of the American Bar Association, and the director of the Uniform Rules of the Road Study to report at the next meeting. It was also agreed that the Subcommittee needed to study a state with an excellent highway safety program, and Virginia was selected as the state to study.
The Subcommittee convened in the Office of Highway Safety on July 25, 1972. Present were representatives from State Departments concerned with highway safety as well as National Highway Traffic Safety Administration personnel, and representatives from the American Bar Association and Univer sity of Georgia. Mr. Fisher gave a brief slide presentation on the 18 National Highway Safety Standards, and Frank Garcia of NHTSA reported to the Sub committee on the Federal view of Georgia's highway safety program. James Economos of the ABA explained the findings of a Traffic Court Study being completed. Robert Kates of the University of Georgia School of Law explained his group's study on Uniform Rules of the Road, a codification of Georgia's traffic laws. The Subcommittee questioned each speaker closely and asked for and received copies of each presentation for later study.

On August 15, the Subcommittee convened in the Office of Highway Safety and the Chairman opened the floor for tentative goals for 1973 highway safety legislation. Discussion ensued on traffic courts and driver licensing. Discussion of the courts brought out that some of the courts lower char.sed that must be tried in State courts in order that any fines collected remain in the cities. Mr. Fisher asked that any legislation be written with a longer lead time in order that administrative structures be created to implement the laws. It was agreed by the Subcommittee, after lengthy discussion, to defer definite legislative recommenda tions until after the inspection visit to Virginia.

On October 18, 1972, the Subcommittee, accompanied by Mr. Fisher and Capt. David Harris of the Department of Public Safety, travelled to Virginia where they inspected that state's highway safety program. The Subcommittee learned that Virginia has had a "get touch" policy for years on drinking drivers, and that this policy had paid off in reduction of deaths, injuries and property damage on their highways. The Subcommittee spent one full day in Washington, D. C. as guest of the National Highway Traffic Safety Administration. Officials of that agency explained that the Federal government had set traffic safety goals in 18 Emphasis Areas (Exhibit B), and that each state was being urged to make these areas top priorities in their traffic safety program. (The Emphasis area can be entire National Highway Safety Standards or a part of these Standards.) The NHTSA officials explained each of the Emphasis Areas in detail and the reasons why each area had been selected as a national goal in highway safety.
The Subcommittee convened on December 18, 1972 in the Office of Highway Safety. The chairman opened the meeting by reading the proposed draft of a law requiring the use of seat belts by motorists. The Subcommittee discussed facets

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of this bill. It was agreed that the fine for non-use of a seat belt be set at $2 minimum and $10 maximum. The Subcommittee then discussed in detail changes proposed in the Uniform Rules of the Road Bill. Afterward, Rep. Burton Wamble asked the Subcommittee to consider a recommendation that centerlining be made a priority in each county's road building program. The Subcommittee agreed to recommend that the State Department of Transportation be encouraged to implement a program for centerlining and shoulder striping of all hard-surfaced roads, and that a priority for such work be established in the use of county con tract funds. The Subcommittee heard representatives of the State Department of Public Safety, the Georgia Safety Council and the National Safety Council in considering various pieces of proposed legislation.

On January 3, 1973, the Subcommittee convened in the Office of Highway Safety. The chairman opened the floor to discussion on the Uniform Rules of the Road Bill. Changes proposed by the Subcommittee were furnished Mr. Kates of the University of Georgia School of Law for incorporation into the final ver sion of the bill. The Subcommittee considered several other pieces of traffic safety legislation including driver education, driver training for traffic violators, pre-arrest tests in driving under the influence cases, terms of driver licenses, and the feasibility of allowing drivers to deposit their licenses in lieu of bail bonds when arrested for certain traffic offenses. The Subcommittee heard proposals for traffic safety legislation from officials of the Georgia Safety Council and the State Department of Public Safety.

The Subcommittee convened the following day on January 4, 1973 in the Office of Highway Safety. The chairman went over each piece of legislation considered by the Subcommittee to ascertain if any particular bill neded further perfection before introduction into the House Motor Vehicles Committee for its consideration before introduction in the House. The Subcommittee then con
sidered a bill for a Medical Advisory Board to aid driver licensing authorities on medical questions. The question of costs connected with such a bill rose, and the chairman reminded all that costs must be attached to such a bill before introduction. It was agreed that the Medical Advisory Board bill needed further work, and this was assigned to members of the Subcommittee. The Subcommittee voted unanimously to issue a resolution commending Chairman G. D. Adams for his expert handling of complex traffic safety issues and for the workmanlike
atmosphere that marked the Subcommittee meetings. The Subcommittee also agreed to issue a resolution recommending that the Chairman of the House Motor Vehicles Committee continue the Subcommittee through the 1974 Session of the Georgia General Assembly. (These resolutions are contained as Exhibits C and D of this Report.) The chairman commended the members of the Sub committee for their hard work and their willingness to cooperate with each other to see that traffic safety legislation be perfected as much as possible before its introduction. The Subcommittee recommended that each organization and per
son appearing before the Subcommittee be shown the Subcommittee's apprecia tion for their expertise and their advice in the field of traffic safety. The Sub
committee chairman then adjourned the meeting after calling for a compre hensive report on the Subcommittee activities to be made available to members of the House and the Senate, the Governor, and the Lieutenant Governor, and any interested party, including the news media.

HIGHWAY SAFETY SUBCOMMITTEE RECOMMENDATIONS
The Highway Safety Subcommittee, having met and advised with a large number of persons in positions of leadership in Georgia's Highway Safety Pro-

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3703

gram, having met and advised with officials of the National Highway Traffic Safety Administration and the Federal Highway Administration, having met and advised with many leaders in Georgia's Highway Safety Community, and having discussed in detail and carefully weighed the merits and demerits of many legislative proposals designed to remedy Georgia's problems in highway safety, makes the following recommendations to the House Motor Vehicles Committee and to the Georgia House and Senate:

1. That each item of legislation designed to increase Georgia's degree of compliance with the 16 National Highway Safety Standards be favorably received and considered; (Exhibit A of this report lists these Standards)

2. That each item of legislation designed to enable Georgia to meet the goals of the 18 National Highway Safety Emphasis areas be favorably received and considered; (Exhibit B of this report lists these Areas)

3. That each item of legislation designed to allow existing programs in high way safety to function more efficiently or to allow better implementation of existing laws be favorably received and considered; (Exhibit E of this report lists proposed legislation)

4. That a higher priority of attention be given highway safety measures designed to reduce the loss of life, limb or property due to traffic crashes, and that each legislative body concerned make every effort to hear both opponents and proponents of these measures in order that no Georgia life be wasted due to lack of attention in this area most important to the well being of the people of this State. (Exhibit E of this report lists proposed legislation)

The Subcommittee recommends to the attention of the Georgia General Assembly the following statistics concerning highway losses in our State:

1. This State's traffic death rate has always been higher than the national average. We have consistently ranked near 40th from best. (Exhibit G of this report)

2. From 1950 through 1972, traffic deaths increased from 905 to more than 1,820 annually. We have lost 29,336+ men, women and children during this 22 year period. (Exhibit H of this report)

3. By the year 1980, unless there is a drastically increased commitment to improved highway safety by government and the citizenry, projections show an annual loss of 2,500 Georgians each year. (Exhibit I of this report)
The Subcommittee cannot be complacent in the face of this terrible loss of life and its attendant suffering by these victims' families. Reasoned, bold and energetic measures are required to solve the problem of making our highways safe for their users. This Subcommittee earnestly recommends that each legisla tor become an active and informed participant in Georgia's highway safety efforts.
The chairman and the members of the Highway Safety Subcommittee ex tend their earnest appreciation for the cooperation and counsel of far too many

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persons and organization to be listed here, and therefore, Exhibit F of this Report will contain the many persons and groups who have advised with the Subcommittee during its meetings and travels. The Subcommittee recognizes and commends each of these for their contributions to highway safety, and looks forward to working with each and all in the future.

Signed Rep. G. D. Adams, Chairman Rep. Chappelle Matthews Rep. Burton Wamble Rep. Phillip Brown Rep. Robert Peters Rep. J. R. Smith, ex officio

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GEORGIA'S COMPLIANCE IN THE 16 NATIONAL HIGHWAY SAFETY STANDARDS EXHIBIT A
HIGHWAY SAFETY SUBCOMMITTEE REPORT

This chart shows Georgia's degree of compliance in the 16 National Highway Safety Standards.

There are now 18 of these Standards, but two have only recently been added, and therefore,

o

the State is not expected to show compliance at this time. These areas of highway safety

01

activity were agreed upon in conference between the several states and the national govern

ment prior to the passage by Congress of the National Highway Safety Act of 1966.

3706

JOURNAL OF THE HOUSE,

NATIONAL EMPHASIS PROGRAMS

EXHIBIT B

HIGHWAY SAFETY SUBCOMMITTEE REPORT

1. The U. S. Department of Transportation has taken a strong stand in 18 Emphasis Programs identified below and each State is expected to have implemented the programs by the dates indicated.

2. An Emphasis Program may either be an entire Highway Safety Standard or it may be a key part or element in a Standard. Georgia by no means is deficient in all of the areas named below. An asterisk indicates that work, and in some instance, legislation is needed to meet the Emphasis Program target
dates.

* A. Accurate Identification of Accident Locations by December 31, 1973. B. Traffic Engineering Capability in Cities with populations of 50,000 or more and all Counties of 250,000 or more by December 31, 1975.
* C. Skid accident reduction program by December 31, 1975. * D. Uniform regulatory and warning signs on all roads by December 31,
1971. E. Pedestrian Crossing program by December 31, 1975. F. Motorcycle safety helmet legislation by the end of the 1973 legislative
session. G. Presumptive or prima facie blood alcohol concentration set at 0.10 per
cent or lower by the end of the 1973 legislative session. H. Classified drivers license by the end of the 1974 legislative session.
I. Motor Vehicle Inspection by 1975.
* J. Uniform Rules of the Road by January 1, 1975.
* K. Driver License Medical Advisory Board by January 1,1974.
* L. Reporting of traffic court convictions by January 1, 1975.
M. Emergency medical services by the end of the 1973 legislative session.
* N. Periodic driver reexamination including vision and knowledge of rules of the road by the end of the 1974 legislative session.
* 0. School bus safety program for all school bus drivers by January 1, 1974.
* P. Selective traffic law enforcement program in the Georgia State Patrol and all cities over 50,000 population by January 1, 1974.
* Q. Driver improvement programs by January 1, 1975.
R. Blood alcohol testing of drivers and pedestrians who die within 4 hours after a traffic accident by the end of the 1973 legislative session.

INTERIM COMMITTEE REPORTS

3707

EXHIBIT C

HIGHWAY SAFETY SUBCOMMITTEE REPORT

A RESOLUTION

Be it resolved that:

Chairman G. D. Adams of the Highway Safety Subcommittee of the House Motor Vehicles Committee be commended for his expert handling of complex traffic safety legislative proposals and the workmanlike atmosphere of the meet ings which resulted in a great amount of traffic safety measures being thorough ly discussed and weighed for their importance in improving traffic safety throughout Georgia.
Rep. Chappelle Matthews Rep. Burton Wamble Rep. Phillip Brown Rep. Bob Peters Rep. J. R. Smith

EXHIBIT D

HIGHWAY SAFETY SUBCOMMITTEE REPORT

A RESOLUTION

Be it resolved that:

In the interest of improving traffic safety throughout the State of Georgia by bringing about a continuing exchange of views and ideas between the Legislative and Executive branches of government and between these two and the Traffic Safety Community in Georgia that the Highway Safety Subcom mittee of the House Motor Vehicles Committee be continued through the 1974 Session of the Georgia General Assembly.

Rep. G. D. Adams, chairman Rep. Burton Wamble Rep. Chappelle Matthews Rep. Robert Peters Rep. Phillip Brown Rep. J. R. Smith

LISTING OF ANTICIPATED TRAFFIC SAFETY BILLS

EXHIBIT E

HIGHWAY SAFETY SUBCOMMITTEE REPORT

(Due to the lack of a number on proposed legislation as of the date of this report, bills will be identified by general purpose).
1. A bill to authorize local courts to try DUI cases.

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JOURNAL OF THE HOUSE,

2. A bill to revise the Uniform Act Regulating Traffic on the Highways.
3. A bill to authorize pre-arrest tests of suspected DUI offenders.
4. A bill to change the age at which a license may be issued and provide that licenses could be issued to those under 18 years only if they had completed an approved driver education course.
5. A bill to authorize the Department of Public Safety and the Cours to re quire traffic offenders to attend approved driver training courses.
6. A bill to require motorists to use seat belts if car has factory equipped seat belts.
7. A bill to authorize the Department of Public Safety to prescribe rules and regulations for accident reporting.
8. A bill to authorize the arresting officer to accept a driver's license in lieu of bail bond in certain traffic offenses.
9. A bill to establish a Medical Advisory Board to aid the Department of Public Safety in driver licensing questions concerning medical defects.
10. A bill to amend the Point System to make it an effective driver improvement tool.

LISTING OF GROUPS AND INDIVIDUALS FOR WHOSE COOPERATION AND COUNSEL THE SUBCOMMITTEE EXPRESSES DEEP APPRECIATION
EXHIBIT F
HIGHWAY SAFETY SUBCOMMITTEE REPORT

State Department of Public Sefety, Ray Pope, commissioner; Capt. David Harris, chief, Motor Vehicle Inspection Division

State Office of Highway Safety, Carlton Fisher, director; Charles 0. Hill, program manager; Thomas T. Gresham, communications manager and re cording secretary for the Subcommittee

Georgia Safety Council, Edmund Hughes, executive director; Miss Karen Teske, information director

National Highway Traffic Safety Administration, Region IV, L. E. Thompson, administrator; Merf Evans, programs specialist; Frank Garcia, field services specialist

National Highway Traffic Safety administration, Washington, D. C., Glenn V. Carmichael, chief, Standards Development; F. D. Altobelli, Traffic Safety Programs; W. Herdman Clark, Program Administration; A. J. Latchaw, Selective Traffic Enforcement Program; L. L. Melany, Driver Control Program; Hershel V. Hawley, Alcohol Countermeasures; J. L. Goldberg, associate administrator

Federal Highway Administration, Washington, D. C., J. L. Foley, director, Office of Highway Safety

INTERIM COMMITTEE REPORTS

3709

Highway Safety Division, State of Virginia, John T. Hanna, director; Jim Parr, Division of Motor Vehicles; Wayne Ferguson, Highway Safety Division Research Program; Miss Ruth Robertson, Information Program; Mel Lubman, Crash Investigation; Robert W. Duval, Deputy director; Billy Johnson, Driver Education Program; Roy Terry, Vehicle Inspection Pro gram: Si Hellman, Emergency Medical Services Program; R. E. Adams, Budgets and Projects.

State Department of Human Resources, William Hansell, Emergency Health Services

State Department of Administrative Services, Evan Moorehouse, assistant to the director, Information and Computer Services.

State Legislative Council's Office, Charles Tidwell, chief deputy

American Bar Association, James Economos, chief consultant

Georgia Bar Association, Asa W. Candler, representative

National Safety Council, James Civils, regional representative

University of Georgia, School of Law, Robert Kates, academic director

3710

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EXHIBIT G

HIGHWAY SAFETY SUBCOMMITTEE REPORT

COMPARISON OF GEORGIA'S MILEAGE DEATH RATE 9.0-

55

60

65

YEAR

SOURCE NHTSA

INTERIM COMMITTEE REPORTS

3711

EXHIBIT H
FREQUENCY OF GEORGIA'S TRAFFIC DEATHS SOURCE: DEPARTMENT OF PUBLIC SAFETY ANNUAL REPORTS

CUMULATIVE TRAFFIC DEATHS HIGHWAY SAFETY SUBCOMMITTEE REPORT

B<

8

TRAFFIC DEATHS

3712

JOURNAL OP THE HOUSE,

EXHIBIT I

GEORGIA HIGHWAY FATALITY PROJECTIONS HIGHWAY SAFETY SUBCOMMITTEE REPORT

28-
Q
26-
O

FORECASTS
MILEAGE 39-45 BILLION VEHICLES 3 5-4.1 MILLION

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/ VEHICLES 1 MILEAGE
--23--3--0

2.0-
/
/.9 71 72 73 74 75 76 77 78 79 8O YEAR
SOURCE NHTSA

INTERIM COMMITTEE REPORTS

3713

THE GENERAL ASSEMBLY State Capitol Atlanta
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

REPORT OF THE JOINT GEORGIA JAIL STANDARDS STUDY COMMITTEE

THE COMMITTEE

Honorable Cyrus M. Chapman Senator, 32nd District Chairman
Honorable Bert Hamilton Senator, 26th District
Honorable Floyd Hudgins Senator, 15th District
Honorables James Lester Senator, 23rd District
Honorable James I. Parker Senator, 31st District
Honorable Jack L. Stephens Senator, 36th District

Honorable J. T. Dailey Representative, 53rd District Vice Chairman
Honorable J. Lucius Black Representative, 45th District
Honorable Herbert Jones, Jr. Representative, 87th District
Honorable George W. Potts Representative, 30th District
Honorable Dewey D. Rush Representative, 51st District

January 1973

INTRODUCTION
The Joint Georgia Jail Standards Study Committee was appointed pursuant to the provisions of SR 394. Honorable Cyrus M. Chapman was chosen as Chair man of the Committee. It was determined that the Committee would investigate the detention facilities in this State and make recommendations to the General Assembly as to ways of upgrading such facilities of our penal system.
COMMITTEE FINDINGS
The Committee found that there are over 500 detention facilities in this State, with 370 such facilities in operation at the present time. The members of the Committee, either individually or as a group, visited detention facilities in all areas of the State. With the exception of a few smaller units and a handful of recently constructed facilities, the Committee found the detention facilities of this State to be in deplorable condition. Adequate staff surveillance for inmate protection does not exist. In view of recent deaths in facilities without anyone on duty, this Committee is strongly against the operation of any facility without proper surveillance.
The Committee heard from a representative of the Division of Physical Health of the Department of Human Resources. The Division conducted a survey

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of 22 detention centers in this State. The Division found that the average jail is--
"one located in or near the courthouse, city hall or police station of the political subdivision which it serves. It was constructed in the 1930's. It is supplied with water from the municipality and is connected to the city sewerage system. Garbage cans are a combination of cardboard boxes and metal or plastic containers that are dirty and without lids. The edible portion is saved for swine and the other trash is picked up by the collection system of the municipality. If prisoner population warrants, meals are served from the jail kitchen which is below health standards. Otherwise, meals are brought into the jail from a nearby restaurant. The floors and walls need patching and the entire facility needs painting. Mattress covers are provided but the covers and mat tresses soon get very dirty and soiled. The mattress covers get a once per week washing but the mattresses have to stay until they are torn apart. Prisoners are made to clean up the jail but supervision is inadequate and the job is only partially done. Summertime ventilation is a problem, particularly on hot muggy days. Showers are generally provided, but for some, prisoners must be removed from their cells one at a time to take a shower. There are no drinking fountains in any of the cells so a prisoner must share the faucet or in some cases a cup with a cell mate. The toilets and lavatories look almost as old as the jail and are in very poor condition. Many could not be effectively cleaned. Because the plumbing was installed many years ago, adequate safe guards were not provided to prevent water from being siphoned out of the toilet bowls into the water supply systems. Lighting is poor in the daytime and extremely poor at night. If a cell is occupied by several persons, more than likely the square footage per person is between 11 and 26 square feet! If the population is low, prisoners can be assigned to different cells and the space problem is not as acute. The jail is old and has many places for insects to hide and multiply. An occasional roach or mouse is seen, but the pest control program keeps the popula tion down. The surroundings are generally in good condition."

The Division of Physical Health made the following specific recommenda tions to the Committee:
(1) The environmental sanitation of jails should be under routine supervi sion by local health departments.
(2) Definitive standards are needed to implement a health surveillance and remedial action program.
(3) All jails should be under inspection and supervision of the State Fire Marshal's Office.
(4) Back siphonage protection should be provided for all plumbing fixtures as necessary to prevent water supply contamination and possible disease spread.
(5) Adequate trash and garbage receptacles should be provided at each jail along with cleaning facilities and outside racks for storage.
(6) All food service operations should be under the supervision of local health personnel. These facilities should meet health department standards. Consultation and supervision should be available for menu planning by a qualified dietition.

INTERIM COMMITTEE REPORTS

3715

(7) Structural defects should be corrected as necessary.

(8) Mattresses for bunks should be of a more cleanable type and bed linen should be laundered more frequently.

(9) Some janitorial help or supervision should be available at all jails.

(10) Better ventilation should be provided by the installation of exhaust fan equipment, enlargement of window area, or both.

(11) Sanitary drinking fountains or single-service drinking cups should be available to all prisoners. Antiquated commodes, lavatories, and showers should be replaced. Showers should be more available in many facilities.

(12) Regular maintenance should be provided for plumbing and toilet fixtures.

(13) Lighting inside jail cells should be increased to at least 20 footcandles.

(14) A thorough study should be made of space utilization in jails to determine a maximum number of occupancy for each jail and prisoner placement. It is our preliminary judgment that at least 45 square feet be available per person.

(15) Better sanitation, improved structures, provision of screening, better housekeeping, and a continuance of pest control contracts should provide ample control of insects and rodents.

The Division of Physical Health further recommended that the General Assembly pass legislation authorizing the Department of Human Resources to make and promulgate rules and regulations to insure protection of detention facility residents by prescribing reasonable standards for health, sanitation and safety of detention facilities.

At the request of the Committee, the State Fire Marshal's Office conducted an inspection of all known city and county jails in Georgia. Inspections were conducted from July through October, 1972, and inspections were made using the adopted 1967 Edition of the NFPA Life Safety Code. The statistics regarding certain hazardous conditions are as follows:

(1) INADEQUATE EXITS--203 facilities. 128 of these facilities are two or more stories in height. 26 are over two stories.

(2) INADEQUATE SUPERVISION--154 facilities. This indicates a lack of supervision on a 24 hour basis. 18 of these facilities can house over 30 inmates.

(3) NO EMERGENCY LIGHTING--275 facilities, or what is provided is inadequate or inoperative. Without such lighting, opening cells with keys would be extremely difficult and in many cases impossible in the event of an internal or external power failure. Under panic fire conditions the problem would be compounded.

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JOURNAL OF THE HOUSE,

(4) UNPROTECTED STAIRWELLS--114 facilities. Such stairways would not effectively retard smoke, heat, or flame from lower floors or basements. 102 of these facilities are two or more stories in height.

(5) HAZARDOUS HEATING EQUIPMENT--134 facilities. This heading includes hazards such as: unvented gas heaters; heaters with no safety pilots; heating devices too close to combustible construction; and water heaters with no safety pressure relief devices. Unvented heaters without safety pilots was the most common hazard in this classification.
(6) HAZARDOUS WIRING--134 facilities. This term includes items such as: damaged lights (many in cells) with exposed live conductors; overloaded circuits; improperly spliced wires; frayed wires; excessive use of extension cords; and open switch and junction boxes. One jail had jumped fuses.

(7) INADEQUATE NUMBER OF FIRE EXTINGUISHERS--270 facili ties. Many have some form of extinguisher, but they are often of an improper type or size. Poor maintenance is also common.
(8) POOR HOUSEKEEPING--115 facilities. This primarily involved a lack of control of combustible storage, rubbish, trash, etc.

There were other hazards or conditions noted. Some of them were: flam mable liquids improperly stored or used; unenclosed kitchens, boiler rooms, storage areas, etc.; no supervision or restriction of smoking or smoking ma terials; no plan of action for dealing with emergency fire conditions; and no fire alarm systems. In many facilities it was noted that one man was on duty and that he was expected to release inmates under fire or other emergency conditions with three or more different keys. Five or more keys was not un common. In general, the keys were for padlocks and not for regular cell door locks. The potential hazard is compounded where the facility is over one story in height with an unprotected stairway and with only one way out of the cell areas.

It was reported to the Committee that federal funds would be hard to obtain for constructing new detention facilities and renovating existing ones. This Committee feels that improving the penal system in this State should be top priority, and 'diverting federal funds to other areas of criminal justice will severely hamper efforts to improve the penal system in this State.

The Committee met with representatives from the Association of County Commissioners of Georgia, the Georgia Sheriff's Association and the Georgia Municipal Association. All three groups were very cooperative and endorsed the proposals made by this Committee. All three groups strongly recommended that any law passed for the improvement of the jails in this State should con tain a provision to the effect that a custodial official must be present at a jail at all times when any prisoner is incarcerated therein.

CONCLUSIONS AND RECOMMENDATIONS
This Joint Committee concludes that the detention facilities in this State are in a deplorable condition. The people of this State have to become aware of the conditions which exist in detention facilities, and the necessary funds must be

INTERIM COMMITTEE REPORTS

3717

spent in order for the detention facilities to meet at least minimum safety and health standards.

This Committee recommends:

(1) That legislation be passed to require a competent person to be on duty in each facility during any time in which a person is incarcerated therein.

(2) That legislation be passed authorizing the Department of Human Resources to make and promulgate rules and regulations to insure protection of detention facility residents by prescribing reasonable standards for health, sanitation and safety or detention facilities.

(3) That periodic inspections by proper health officials and fire officials be continued in order to enforce the laws and regulations pertaining to detention facilities.

(4) That federal funding for the construction of new detention facilities and for renovation of existing facilities be continued on the same scale as in recent years.

Respectfully submitted,
/s/ J. T. Dailey, Vice Chairman Representative, 53rd District
/s/ J. Lucius Black Representative, 45th District
/s/ Herbert Jones, Jr. Representative, 87th District
/s/ George W. Potts Representative, 30th District
/s/ Dewey D. Rush Representative, 51st District
/s/ Cyrus M. Chapman, Chairman Senator, 32nd District
/s/ Bert Hamilton Senator, 26th District
/s/ Floyd Hudgins Senator, 15th District
/s/ James Lester Senator, 23rd District
/s/ James I. Parker Senator, 31st District
/s/ Jack L. Stephens Senator, 36th District

3718

JOURNAL OF THE HOUSE,

THE GENERAL ASSEMBLY State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE JUSTICES OF THE PEACE STUDY COMMITTEE

THE COMMITTEE

SENATE
Honorable Terrell A. Starr Senator, 44th District Chairman Honorable Franklin Sutton Senator, 9th District Honorable Martin Young Senator, 13th District

HOUSE OF REPRESENTATIVES
Honorable C. Ed Berry Representative, 85th District Honorable J. Lucius Black Representative, 45th District Honorable Ben Jessup Representative, 49th District

NONLEGISLATIVE MEMBERS
HONORABLE R. LYNN WELLS PRESIDENT, GEORGIA ASSOCIATION OF JUSTICES OF THE PEACE AND CONSTABLES, INC.
HONORABLE PAUL S. WEINER GENERAL COUNSEL, GEORGIA ASSOCIATION OF JUSTICES OF THE PEACE AND CONSTABLES, INC.
HONORABLE L. MARTELLE LAYFIELD, JR. ATTORNEY AT LAW

JANUARY, 1973

INTRODUCTION

The Justices of the Peace Study Committee was created pursuant to a joint Resolution (SR 304) adopted at the 1972 session of the General Assembly of Georgia.
The Resolution authorized the Committee to study the laws of this State and other states relating to justices of the peace and charged the Committee with the responsibility of standardizing the forms and procedures to be used
by justices of the peace throughout the State. The Committee was also given the responsibility of reviewing the qualifications of justices of the peace to determine whether additional qualifications were needed for persons seeking the office of justice of the peace. The Resolution further recognized that justices of the peace themselves are aware of the need to update the laws relating to
justices of the peace, the desirability of imposing additional qualifications on persons seeking election as justices of the peace and the necessity of standardiz ing forms and procedures utilized in justice courts throughout the State.

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3719

In performing the duties imposed upon it by Senate Resolution 304, the Committee held numerous meetings, including public hearings, at which the practice, procedure, forms and operation of justice of the peace courts were
thoroughly examined and discussed. Members of the public were encouraged to present their views on methods by which the justice of the peace system as it currently exists in Georgia could be improved. Numerous justices of the peace and constables gave freely of their time and suggestions in assisting the
Committee with its work. The Committee wishes to express its gratitude and appreciation to the many citizens of Georgia who assisted the Committee in the conduct of its investigation and preparation of its findings and proposals.

RECOMMENDATIONS
While the Committee feels that the justice of the peace system as it exists in Georgia provides a valuable service to the State and its citizens, the Com mittee feels that there are ways in which the operation of justice of the peace courts could be improved.
(1) The Committee feels that one area in which improvements can be made and in which improvements will reflect themselves throughout the judicial system of Georgia is in upgrading the qualifications of those persons appointed or elected as justices of the peace and constables. It is the feeling of the Com mittee that justices of the peace should be at least 25 years of age, should have obtained a high school diploma or its recognized equivalent, and should be of good moral character, and not have been convicted of a felony in any court within the State or within the United States. The Committee further feels that justices of the peace should be required to attend instructional seminars at least every two years at which practices and procedures used in justices' courts could be discussed, examined and recommendations for improvement made. The attendance at such educational seminars is vital if justices of the peace are to adequately remain informed of changes in the laws of this State. The Committee also feels that the training of constables should be upgraded, especially if constables are to maintain the power of arrest.

(2) In order to establish some degree of uniformity in the practice and procedure followed in the justice of the peace courts, the Committee feels that work should be undertaken by the Institute of Government of the University of Georgia in cooperation with the Georgia Association of Justices of the Peace and Constables, Inc., the State Bar of Georgia, and other interested or affected individuals to produce a training manual for justices of the peace which would include uniform forms for use in justice of the peace courts throughout the State. This manual and the forms should be revised annually in line with changes in the statutory law of Georgia and in light of decisions of the State and Federal courts.
(3) The Committee has found that the present fee schedules as they relate to justices of the peace and constables leave room for some confusion, and it is felt that these schedules should be revised and simplified as much as possible so as to eliminate the possibility of confusion. Such a revision might also produce a more equitable system of compensation for justices of the peace and constables.

(4) Jurisdiction of justices of the peace is limited in certain cases to their particular militia districts. The Committee has found that justices of the peace offer a viable and less expensive alternative to more costly adjudication

3720

JOURNAL OF THE HOUSE,

of disputes in state courts and superior courts. In order to increase the effective ness of justice of the peace courts and to eliminate certain unnecessarily cumbersome procedures, the Committee feels that justices of the peace should be given countywide jurisdiction within the county of their residence. With modern transportation available to the residents of Georgia, it is felt that this increased jurisdiction would not place an unreasonable burden upon the citizens of Georgia and would produce significant benefits in the administration of justice.

(5) Finally, the Committee feels that practices and procedures followed in justice courts can and should be revised and modernized in order to more effectively handle the large number of cases adjudicated in these courts. Along this line, improvements can be made in the service of process, and especially in proceedings following judgment in cases before the justice of the peace. Provisions relating to the terms of justice of the peace courts within the State should also be modernized in order to prevent unnecessary delay in the trial of cases.

CONCLUSION
After carefully reviewing the practice and procedures connected with the trial of both civil and criminal cases in justice of the peace courts, the Committee feels that there are numerous areas in which improvements can be made in the justice of the peace system. Recognizing the need for these improvements, the Committee has drafted proposed legislation to correct some of the inequities which exist in the system and to provide needed improvements. This proposed legislation will be introduced at the 1973 session of the General Assembly, and members of the General Assembly are urged to give this proposed legislation their very careful consideration.

Again, the Committee wishes to express its sincere appreciation to the numerous justices of the peace, constables, attorneys, and citizens of the State of Georgia who have expressed their suggestions and given their cooperation in the work of the Committee.

/s/ C. Ed Berry Representative, 85th District
/s/ Lucius Black Representative, 45th District
/s/ Ben Jessup Representative, 49th District
/s/ Terrell A. Starr Senator, 44th District
/s/ Franklin Sutton Senator, 9th Disttrict
/s/ Martin Young Senator, 13th District

Respectfully submitted,
/s/ R. Lynn Wells President, Georgia Association of Justices of the Peace and Constables, Inc.
/s/ Paul S. Weiner General Counsel, Georgia Association of Justices of the Peace and Constables, Inc.
/s/ L. Martelle Layfield, Jr. Attorney at Law

INTERIM COMMITTEE REPORTS

3721

THE GENERAL ASSEMBLY State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED CITIZENS

REPORT OF THE NO-FAULT INSURANCE STUDY COMMITTEE

THE COMMITTEE

Honorable J. Roy McCracken Representative, 36th District Chairman Honorable Harry D. Dixon Representative, 65th District Honorable Tom L. Shanahan Representative, 8th District Honorable J. E. Bohannon Representative, 20th District Honorable Julian Bond Representative, lllth District Honorable Rooney L. Bowen Representative, 47th District Honorable Dekle Coney Representative, 82nd District Honorable John W. Greer Representative, 95th District Honorable Jack N. Gunter Representative, 6th District

Honorable Ben Jessup Representative, 49th District Honorable William S. Lee Representative, 61st District Honorable James D. Mason Representative, 13th District Honorable Robert G. Peters Representative, 2nd District Honorable John H. Sherman, Jr. Representative, 80th District Honorable J. R. Smith Representative, 39th District Honorable Henry R. Smith Representative, 80th District Honorable Ralph E. Wood Representative, 75th District Honorable Joe T. Wood Representative, llth District

JANUARY, 1973

INTRODUCTION
The No-Fault Insurance Study Committee was created pursuant to HR 5111121 adopted by the 1972 session of the General Assembly of Georgia. The Committee was authorized to function under the provisions of HR 3. Under the provisions of HR 511-1121, the No-Fault Insurance Study Committee was to be composed of the members of the 1972 House Committee on Insurance. The Com mittee was charged with making a thorough study of the no-fault insurance concept and the laws and legislative proposals of other states and of the various industry associations and groups, as well as proposals that had been made by members of the public. The Resolution recognized that the no-fault automobile insurance concept has stimulated great interest throughout the United States, particularly among lawyers, insurance companies and state legislatures, and further recognized that the laws which have been adopted and the proposals which have been made very considerably in many substantive ways. The Resolution further recognized that all such laws and proposals should be thoroughly studied before legislation on this subject is enacted in any state.

3722

JOURNAL OF THE HOUSE,

WORK OP THE COMMITTEE

In performing its duties and meeting its obligation to make a thorough investigation of the various no-fault or first party automobile insurance pro posals which have been made and the laws which have been enacted by other states, the Committee assembled a vast amount of information on this topic, including copies of the laws and proposed legislation from other states, law review articles, and other publications on the subject of no-fault insurance. The Committee obtained publications which reflected as many of the different ideas and concepts concerning this subject as possible.

In addition to obtaining written material concerning no-fault insurance, the Committee conducted a series of public meetings at which representatives of the insurance industry, the State Bar, government, consumer groups, organized labor and interested citizens were invited to participate and present their views to the Committee concerning the adoption of no-fault insurance.

In addition to gathering written material and conducting public hearings, the Committee visited with the Insurance Commissioner, officials of the Insur ance Department and industry representatives in the State of Massachusetts, which was the first state in the nation to adopt no-fault insurance. The Com mittee also attended seminars at which representatives of other states spoke on no-fault insurance. Participants in these seminars included the Insurance Com missioner of the State of Florida and representatives of the insurance depart ments of several other states, as well as other experts in the field of insurance.

While it is impossible to specifically mention all those who have assisted the Committee in its work, the Committee would like to extend their special appreciation to the following individuals who appeared before the Committee: Mr. Richard Walsh, U. S. Department of Transportation; Dean Lindsey Cowan, formerly Dean of the University of Georgia School of Law and Chairman of the Uniform Motor Vehicle Accident Reparations Act Committee of the National Conference of Commissioners on Uniform State Laws; Mr. Jim McKenzie, Georgia Association of Independent Insurance Agents; Mr. Ben Weinberg, At torney at Law; Professor Bernard Webb, Georgia State University; Honorable Bill Noble, Representative, 48th District; Honorable Elliott Levitas, Representa tive, 50th District; Mr. Hugh Head, Attorney at Law; Mr. Warren Taylor, Georgia Motorcycle Dealers Association; Mr. Phillip Slotin, Attorney at Law; Mr. Edmond Rondespierre, General Counsel, Insurance Company of North America; Mr. William Daniels, Attorney at Law, Georgia Trial Lawyers As sociation; Mr. Luke Lassister, President, Cotton States Insurance Company; Mr. Cullen Ward, Attorney at Law; Dr. Leon Rechtman; Mr. Hamilton Lokey, Attorney at Law, Chairman, No-Fault Insurance Committee of the State Bar of Georgia; Mr. Bob Longnecker, Director, Georgia Consumer Services Program; Mr. W. H. Rauschenberg, Georgia Association of Mutual Insurance Agents; Mr. Richard A. Schalm, the Hartford Insurance Group; Mr. William Martin, the American Insurance Association; Mr. J. C. Thompson, United Auto Workers; Mr. A. B. Reddick, Allstate Insurance Company; Mr. William J. Cirone, Com mon Cause; Mr. Jack Pumphrey, the American Mutual Insurance Alliance; Mr. Archie Burnham, Chief Engineer, Traffic and Safety Engineering, Georgia Department of Transportation; Mr. Ralph Heisel, Christian Science Committee on Publication; Mr. Roger Speck, Communication Workers of America; Mr. Ferdinand Buckley, Attorney at Law, Georgia Defense Lawyers Association; Mr. Austin D. Graham; Mr. Loyd Grimes; and Mr. C. E. Littlejohn. The Committee would also like to extend their special appreciation to the Honorable

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3723

Johnnie Caldwell, Comptroller General of the State of Georgia and the members of his staff and Mr. Michael Hogue of the University of Georgia School of Business Administration for their special assistance to the Committee.

RECOMMENDATIONS

After having conducted its study, the members of this Committe feel that the information which has been obtained places the Committee in a much better position to adequately weigh the advantages and disadvantages of the various proposals which will be made in the 1973 session of the General Assembly of Georgia concerning this very important subject. The Committee recognizes that a number of new members of the House of Representatives will be appointed as members of the House Committee on Insurance during the 1973 session of the General Assembly. While the Committee recognizes that, from the evidence that the Committee has heard and the investigation the Committee has made, certain inequities exist in the present motor vehicle accident reparations sys tem, in order to afford the new members who will be appointed to the House Committee on Insurance at the 1973 session of the General Assembly an adequate opportunity to participate in any decisions which are made on this very im portant subject, the Committee feels that it should not make a positive recom mendation as to any specific piece of legislation at this time, but should use the three-week recess during the 1973 session of the General Assembly to develop a bill or bills which will correct the inequities existing in the motor vehicle accident reparations system.

/s/ J. Roy McCracken Representative, 36th District Chairman
/s/ Harry D. Dixon Representative, 65th District
/s/ Ben Jessup Representative, 49th District
/s/ William S. Lee Representative, 61st District
/s/ Tom L. Shanahan Representative, 8th District
/s/ J. E. Bohannon Representative, 20th District
/s/ Julian Bond Representative, lllth District
/s/ Rooney L. Bowen Representative, 47th District
/s/ Dekle Coney Representative, 82nd District

Respectfully submitted,
/s/ John W. Greer Representative, 95th District
/s/ Jack N. Gunter Representative, 6th District
/s/ James D. Mason Representative, 13th District
/s/ Robert G. Peters Representative, 2nd District
/s/ John H. Sherman, Jr. Representative, 80th District
/s/ J. R. Smith Representative, 39th District
/s/ Henry R. Smith Representative, 80th District
/s/ Ralph E. Wood Representative, 75th District
/s/ Joe T. Wood Representative, llth District

3724

JOURNAL OF THE HOUSE,

THE GENERAL ASSEMBLY
State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS:

REPORT OF THE SUBCOMMITTEE ON PENAL
INSTITUTIONS OF THE STATE INSTITUTIONS AND PROPERTY COMMITTEE

THE COMMITTEE

Honorable J. T. Dailey Representative, 53rd District Chairman
Honorable Thomas A. Roach Representative, 8th District Vice Chairman
Honorable George W. Potts Representative, 30th District Secretary

Honorable J. Lucius Black Representative, 45th District
Honorable Robert L. Harrison Representative, 116th District
Honorable Herbert Jones, Jr. Representative, 109th District
Honorable Dewey D. Rush Representative, 104th District

December 1972
During the year, your subcommittee visited all of the State Penal Institutions and most of the county work camps. In most cases, we found the physical im provements, educational facilities, counseling procedures, and rehabilitative ac tivities to be much better than in previous years. With the coming of work release and prison industries (which will be covered separately) and vocational training, rehabilitation in the Georgia System should be in comparatively good condition.
There is a need for better housekeeping at several of the institutions, and there is a need to have available at each institution the architectural plans of the entire institution. There are isolated instance where plumbing improve ments need to be made as well as kitchen improvements.

The major concern of the Committee during its inspections, interviews, and investigation is that the inmate in almost every State institution has nothing to do and in some institutions, a majority of the inmates have nothing to do which includes no work detail, no house assignments, no educational activities or rehabilitative involvement of any kind. This information comes from inmates and Department of Offender Rehabilitation employees and requires immediate attention. This lack of any activity in the State Penal Institutions can be con trasted with almost total involvement of inmates in activity in the county in stitutions, and we found that in most cases, inmates in couny institutions seem to be more satisfied than those in State institutions.

Along with our concern for the inmate is the direct involvement of employees of the Department of Offender Rehabilitation, whose morale during this period appears to be extremely low, thus affecting their ability to do the kind of job they would like to do. In several cases, we have noted where there has been a change of wardens, sometimes as many as five changes within a one-year period. We have even been questioned by wardens as to their position, which indicates

INTERIM COMMITTEE REPORTS

3725

their total lack of experience to be in the position in which they find themselves and their inadequate training within the field of penal administration; and we question their loyalty.
It should be pointed out that the absence of the wardens from their institu tions is of great concern to the Committee. The frequent change of wardens has contributed to the low morale situation, and this situation should have the attention of the Department.
This Committee was called into action several years ago by Speaker of the House, George L. Smith, who requested and authorized this Committee. This Committee has been active and we found vast improvements; and it should be pointed out that the improvements observed were accomplished because of the Speaker's concern. We would like to express our appreciation to the Speaker for his support of this Committee.

PRISON INDUSTRIES
Prison Industries in Georgia is undergoing a vast program of reorganization and at this time, because of reorganization, the Committee has not been able to determine in full the accomplishments of prison industries.
We are aware because of the State Auditor's Report that a great deal of money has been expended and we are unable to determine where it was expended. The Committee has found throughout the system, criticisms of quality and serv ices of prison industries. We have visited the physical facilities and seen new buildings, but we have seen very little activity in prison industries.
This Committee found that within the last 18 months, there have been three Directors of Prison Industries; and we feel the present Director will, in a short time, guide this program to a more fruitful activity. This Committee feels that a complete and impartial investigation should be made of prison industries and the expenditures of funds during the last year. The need for this is in dicated by the State Auditor's report and our lack of information as to where prison industries' funds were expended.

THE GENERAL ASSEMBLY State Capitol Atlanta
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
REPORT OF THE POULTRY MATTERS SUBCOMMITTEE OF THE STANDING HOUSE AGRICULTURE COMMITTEE

Honorable Ted Hudson Representative, 48th District Chairman Honorable William J. Salem Representative, 51st District Vice Chairman

THE COMMITTEE Honorable Doug Whitmire Representative, llth District Honorable Gaines C. Granade Representative, 75th District
December 1972

3726

JOURNAL OP THE HOUSE,

INTRODUCTION

Southern California is currently experiencing an outbreak of velogenic viscerotropic Newcastle disease (VVND). This disease is an extremely virulent pathogen of all birds.

The Poultry Matters Subcommittee of the Standing House Agriculture Committee was instructed to investigate the outbreak of such disease, determine the impact the disease would have on Georgia's poultry industry and determine the best method of preventing or controlling such disease.

SUBCOMMITTEE FINDINGS
The Subcommittee found that the velogenic, viscerotropic Newcastle disease (WND) has spread throughout southern California. Several members of the Department of Avian Medicine at the University of Georgia have participated in the USDA eradication program in California. They found that all species of birds are susceptible to the disease, and infection in chickens often leads to 100% mortality in unvaccinated chickens.

The Subcommittee's contacts with the VVND task force in California and
with prominent investigators in the Newcastle disease field lead us to be very pessimistic about the probability of introduction of VVND into the southeast. It has appeared in Florida, but was successfully eliminated at the source. Those most knowledgeable on VVND agree that the question is no longer if the virus strikes Georgia, but rather when it strikes.

Since Georgia is the number one poultry-producing State in the nation, the potential problem of VVND infection is of immense economic proportions. California has spent millions of dollars trying to control the disease and has spent $15,000,000 in condemnation payments. Hundreds of poultry farmers and
processors are out of work. The impact of the disease in Georgia would be even greater, however, since the $650,000,000 poultry industry is the number one agricultural industry in this State. There are over 32,000 persons engaged in poultry-raising work and over 200,000 persons in the overall poultry industry.

The Subcommittee found that present vaccination measures are not adequate. Even if the poultry flocks in this State were vaccinated, over half of the flocks would be wiped out because of the ineffectiveness of the vaccine. The young chicken is very difficult to vaccinate adequately because of the persistene of maternal antibody and because of immunological immaturity.

The Department of Avian Medicine at the University of Georgia and the Research Committee of the Georgia Poultry Federation are intensely interested in this problem and anxious to do their part to prepare for the eventuality of WND in Georgia.

The Subcommittee inquired into the construction of the new poultry disease research center at the University of Georgia. The members found that drastic cuts in construction were being made by the Board of Regents due to the high cost of the project. The Department of Avian Medicine also stated that without additional funding the research center would be unable to make a commitment toward VVND. After communications with the Governor, the Commissioner of Agriculture and Senator Talmadge, the Subcommittee was successful in obtaining

INTERIM COMMITTEE REPORTS

3727

certain federal and state funds for the immediate research of Newcastle disease. After conferring with the Board of Regents, the Subcommittee is hopeful that the poultry disease research facility will be completed in its entirety.

The Subcommittee met with members of the Committee on Importation of Birds, Animals and Reptiles and agreed to adopt the report of such Committee relative to the importation of birds into the State. It was determined by the joint Committees that the problem of importation of disease-carrying birds would involve three departments: the Department of Agriculture, the Department of Human Resources, and the Game and Fish Division of the Department of Natural Resources. Each department will adopt its own rules and regulations which will be needed to control the outbreak of disease from birds imported into the State. Also, the Department of Agriculture will be responsible for condemnation of poultry flocks and payments therefor.

CONCLUSIONS AND RECOMMENDATIONS

In conclusion, the Subcommittee found that the impact of Newcastle disease in California has been disastrous to the poultry industry in such State. The im pact would be ven greater in Georgia because the poultry industry is the largest agricultural industry in the State.

The Subcommittee recommends that the poultry disease research center at the University of Georgia should be completed in its entirety.

The Subcommittee further recommends that all funds appropriated to the Board of Regents in the proposed budget for the completion of the poultry disease research center should be transferred to the Department of Agriculture, and all funds appropriated in the future for the completion of such center should be appropriated to the Department of Agriculture, all such funds appropriated to be earmarked for the completion of the poultry research center.

The Subcommittee further recommends that necessary funds should be ap propriated for extensive research into a better vaccine for Newcastle disease and for methods of controlling the outbreak of such disease.

/s/ Ted Hudson Representative, 48th District Chairman
/s/ William J. Salem Representative, 51st District Vice Chairman

Respectfully submitted,
/s/ Doug Whitmire Representative, llth District
/s/ Gam. es C. Granade Representative, 75th District

3728

JOURNAL OF THE HOUSE,

THE GENERAL ASSEMBLY
State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL
ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE
PROPERTY CONTROL SUBCOMMITTEE OF THE
STATE INSTITUTIONS AND PROPERTY COMMITTEE

THE COMMITTEE

Honorable E. B. Toles Representative, 16th District Chairman Honorable A. L. Burruss Representative, 21st District Honorable Carlton H. Colwell
Representative, 4th District

Honorable Donald H. Fraser
Representative, 117th District Honorable Matthew W. Mulherin Representative, 81st District
Honorable William A. Sims, Jr. Representative, 106th District

January 1973

CENTRAL INVENTORY
The Committee examined, with interest, the system used in keeping inventory records of the State's movable personal property, and found this system adequate for the time being.
It is realized that as time goes on, certain changes may be needed to improve the present system; however, the Committee was highly impressed at the manner in which these records are being kept.
For the most part, the various State agencies and departments are giving satisfactory cooperation; however, it is realized that in the future, it may be that certain other legislation and changes may be desirable. At the present time, the Committee was very satisfied with this procedure to implement a Central Inventory System.
This is the first time that a centralized inventory of personal property has been done in State government. The Committee was quick to realize the great benefits and savings that will result from this system, both now and in the future. The Committee makes no recommendations at this time for any changes in the inventory control procedure; however, their progress with this system should be reviewed again sometime in mid-1973.

The Committee did find a shortage of personnel needed to adequately keep these records, and recommends that two (2) additional people be employed in this activity as soon as possible.

INTERIM COMMITTEE REPORTS

3729

SURPLUS PROPERTY

The Committee was pleased to find that the first priority of the State Surplus Property Program was in placing surplus property with other State agencies. The properties not transferred to State agencies are then offered to Georgia cities, counties, and public school boards. Surplus remaining undisposed is then offered to the general public by means of open auction or sealed bids.

The Committee found considerable interest on the part of State agencies, cities and counties in taking advantage of our surplus property program at a savings over what these parties did pay by purchasing same from the open market.

It is felt that more and more advantage of this opportunity will be taken by various agencies and political subdivisions as they become familiar with items being offered.

The Committee visited the present facility at 1058 Constitution Road, S.W., Atlanta, Georgia, and found same to be most inadequate; however, under these inadequate conditions we found that this facility was being very satisfactorily managed, and despite operating under a severe handicap because of lack of space and buildings, this facility is rendering an invaluable service.

The Committee wishes to report that the Department has already made arrangements to occupy larger facilities at the old Farmers' market on Murphy Avenue. The Committee visited this proposed new facility and found same to be a tremendous improvement over the present disposal facility. However, the Committee recommends long-term planning for additional space to be under taken as soon as possible. Although this proposed new facility is a great im provement, the Committee does not feel that it will be large enough to effectively handle the State's disposals in the future. The Department of Administrative Services has been requested to give this matter careful study and report back to the Committee after mid-1973.

The Department may find it necessary to seek additional legislation to improve its disposal services, and if same is found to be necessary, will submit to Committee the first part of January.

The Committee did find a shortage of personnel to adequately maintain a surplus property program, and recommends that two additional people be em ployed in this activity as soon as possible.

SUMMARY

The Committee conservatively estimates that after one year of operation, the Department of Administrative Services, Purchasing and Supplies Division, Surplus Property Section, has saved the State of Georgia over $750,000.00.
In excess of $500,000.00 has been turned over to the State Treasurer as a result of the sales made at the Surplus Warehouse for State Surplus Property to individuals and private businesses. This $500,000.00 is included in the $750,000.00.

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The Committee is convinced that in years to come the savings to the State on disposal of surplus personal property will far exceed present expectations. The Committee highly commends the Department for doing an exceptionally good and economical job of operating the sales of surplus property and inventory control.

SPECIAL RECOMMENDATIONS

The Committee urges immediate measures to be taken to effectuate a study of the old Farmers' Market facilities to insure this property is put to the very best usage.

At the present time, this is being used by several State agencies, by Fulton County, and perhaps other parties unknown to the Committee.

The Committee feels that if a study is made in the very immediate future, the State will benefit to the highest degree especially when it is possible certain buildings may be altered, removed, or otherwise put to use without first having such a feasibility study.

/s/ E. B. Toles Representative, 16th District Chairman
/s/ A. L. Burruss Representative, 21st District
/s/ Carlton H. Colwell Representative, 4th District

Respectfully submitted,
/s/ Donald H. Fraser Representative, 117th District
/s/ Matthew W. Mulherin Representative, 81st District
/s/ William A. Sims, Jr. Representative, 106th District

HOUSE OF REPRESENTATIVES Atlanta, Georgia

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THL HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERA1 ASSEMBLY OF GEORGIA, AND OTHER INTERESTED PERSONS.

REPORT OF THE RECREATIONAL FACILITIES SUBCOMMITTEE OF THE HOUSE STATE
INSTITUTIONS AND PROPERTY COMMITTEE AND THE SPECIAL SENATE COMMITTEE ON STATE PARKS.

THE SUBCOMMITTEE

Honorable Hugh Lee McDaniell Representative, 117th District Chairman Honorable Paul E. Nessmith, Sr. Representative, 44th District Vice-Chairman Honorable William A. Sims, Jr. Representative, 106th District Secretary

Honorable Roy J. Chappell, Sr. Representative, 42nd District Honorable Ottis Sweat, Jr. Representative, 65th District

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THE SENATE COMMITTEE Honorable Joe S. Higginbotham Senator, 43rd District

January, 1973

GENERAL RECOMMENDATIONS

The Subcommittee has considered the following recommendations very carefully and feels very strongly that they should be followed with regard to the future development of our State Parks.
1. That the present State Parks be brought up to their fullest potential and that certain State Parks located in and around population centers of the State be expanded in acreage and facility development in order to meet the future visitation demands.
2. That any new lands that might be donated to, or otherwise acquired by, the Parks and Recreation Division, be accepted or acquired with the thought in mind of developing these new areas after the existing parks have been de veloped to their fullest potential.
3. That the Parks and Recreation Division establish as criteria a minimum of 500 acres for future State Parks. COMMENTS: The Subcommittee realizes the critical need for establishing additional parks in and around the populated centers of the State to meet future needs, but to assure sufficient acreage to properly develop and expand park sites, the minimum acreage recommended herein would be highly desirable. Smaller areas of unusual statewide interest with historical, geological, ecological, archaeological or botanical significance should be preserved, and development should be limited and related directly to the outstanding features. Areas under this category should be given serious thought and consideration prior to acquiring same.
4. That the per unit cost of overnight and vacation family facilities be studied and reevaluated and that steps be taken to reduce such per unit cost in order to expand facilities to meet the rapidly increasing demand. COMMENTS: This objective can be accomplished by developing standard plans and specifica tions which should be owned by the Parks and Recreation Division. Two design themes should be used, one for the North Georgia area and one for South Georgia. This same type of procedure could be used on other standard type structures planned for future construction. The Subcommittee noticed several different cottage designs which lost the State a considerable amount of money in archi tectural and engineering fees. The Division should provide a wheel chair ramp at one out of every five overnight cottages throughout the State Park System.
5. That all future designs of park facilities be in keeping with the rustic atmosphere that one would expect to find in a State Park and that ultra-modern and multi-colored structures be discontinued
6. That the Parks and Recreation Division try to fulfill a need in every instance when selecting additional facilities for a park. COMMENTS: The Subcommittee does not think that any enterprise or venture should be under taken by the Parks and Recreation Division when it would be in competition

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with private enterprise unless there is a definite need that cannot be filled by private enterprise.

7. That the Division confer with and receive the approval of the Subcom mittee prior to the construction of any new Regulation Golf Courses within the State Parks System.

8. That special emphasis be placed on expanding overnight tent camping facilities on State Parks. COMMENTS: The demand for these facilities is grow ing at a tremendous rate, because every year many more families take their vacations by using tents and trailers. According to statistics, these families spend considerable money while in the area which greatly benefits nearby communities.

9. That the Parks and Recreation Division contact all Federal agencies and State agencies concerned with the future development of recreational facilities in an effort to schedule periodical meetings for the purpose of familiar izing and coordinating any future recreational developments planned throughout
the State.

10. That the Parks and Recreation Division give serious consideration to the elimination of free swimming to cottage users and reduced swimming rates for campers. Recommendation is being made in lieu of fee increase for camping and cottage rental.

11. That the Parks and Recreation Division allocate additional effort and funds in order to increase and enhance its beautification programs for State Parks, especially around the park structures and entrance roads leading into the parks.

12. That the present program for the construction of the stone entrances on State Parks be continued until all parks in the System have been completed. COMMENTS: The entrances already finished under this program are indeed attractive and appealing to the park visitor.

13. That cooperation between the Parks and Recreation Division and the Department of Transportation be increased in paving, maintaining and improving roads in the park system and that attempt be made to include a line item in future appropriations to the Department of Transportation for building and maintaining roads within the park system in accordance with Ga. Code Ann. Section 43-126. COMMENTS: The Subcommittee found many roads in the parks to be in need of upgrading as well as paving. Many dirt roads would be sufficient if they were properly maintained.

14. That the Parks and Recreation Division, working in cooperation with the Department of Transportation, devise a uniform system of informational signs to be placed along the major highways of the State giving the public adequate directions to the location of the various State Parks.

15. That the Parks and Recreation Division make a study of all parks located adjacent to the United States Forest Service lands in an effort to deter mine the amount of additional land which is needed to properly expand said parks. COMMENTS: The study should include the preparation of plats showing existing park areas and the area desired for future expansion. The United

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States Forest Service should be encouraged to provide these additional lands, either by fee simple deed at no cost, or by a 50-year lease for same. When the recommended studies have been completed, the information should be furnished to the Subcommittee along with a request that a resolution be drafted and forwarded to the U. S. Forest Service encouraging the leasing or deeding of the additional lands desired to the Parks and Recreation Division.

16. The Subcommittee recommends that the House and Senate Appropria tions Committee give favorable consideration to increasing the Parks and Recreation Division's Annual Budget by 25% each year for the next four (4) years. The Subcommittee is aware of the growing demand for outdoor recreation facilities and services. As this demand for recreation facilities and services grows, the Agency's budget should increase likewise.

17. That the Division give serious consideration to increasing electric amperage at campsites. Fifteen (15) amps is not sufficient to accommodate large trailers which require a heavy load. Thirty (30) amp outlets should be made available at campsites throughout the State Parks System.

CONCLUDING REMARKS
1. The Subcommittee found that the superintendents and staff of all parks visited are very devoted to their work, all have the parks system at heart, and are doing an outstanding job.
2. The Subcommittee also found that the cooperation of the several de partments in State government has been good and has done much to develop our parks. We wish to commend the heads and personnel of the Game and Fish Division, Department of Transportation, Purchasing Division of the Department of Administrative Services, Forestry Department, and Industry and Trade Department. The Subcommittee found that during this administration, much has been done to bring about closer working conditions between departments which has led to better State government for the people of Georgia.
3. The members of the Subcommittee unanimously agree that the Parks and Recreation Division should be complimented on the visible signs of progress and improvement, overall clean appearance, and general upgrading of the State Parks visited by the Subcommittee.
4. The Subcommittee also acknowledges with appreciation, the excellent cooperation given to the Subcommittee in carrying out its duties by Mr. Joe D. Tanner, Commissioner, Department of Natural Resources, Mr. George T. Bagby, Deputy Commissioner, Department of Natural Resources, Mr. Henry D. Struble, Director, Parks and Recreation Division and other personnel of the Parks and Recreation Division.

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5. Attached as an appendix to this report are the findings and recommenda tions of the Subcommittee relative to each individual park.

/a/ Hugh Lee McDaniell Representative, 117th District Chairman
/s/ Paul E. Nessmith, Sr. Representative, 44th District Vice-Chairman
/s/ William A. Sims, Jr. Representative, 106th District Secretary

Respectfully submitted,
/s/ Roy J. Chappell, Sr. Representative, 42nd District
/s/ Ottis Sweat, Jr. Representative, 65th District
/s/ Joe S - Higginbotham Senator, 43rd District

APPENDIX

RECOMMENDATIONS AND COMMENTS OF THE SUBCOMMITTEE RELATIVE TO INDIVIDUAL STATE PARKS

SWEETWATER CREEK

The Subcommittee recommends:
1. That a study be made to look into the possibility of closing off one end of the county road in order to provide for better control of the park.
2. That an attempt be made to work out an Agreement with East Point concerning use of reservoir for recreation purposes.
3. That the park be opened to day users at the earliest date possible because of the Parks proximity to Atlanta.
4. That the majority of park area should be used for historical interpreta tion type activities with only limited facility development.
5. That the Division work with the Environmental Protection Division to correct pollution of Sweetwater Creek.
6. That immediate control of the area be gained by assigning a superinten dent to the area. It is suggested that he be housed in a trailer until the park is developed further.
7. It was noted that the East Point Police Department has a firing range adjacent to the park. The noise was very noticeable. This matter should be studied and possible remedies worked out in the future.
JOHN TANNER
The Subcommittee recommends:
1. That existing facilities be brought up to standard through extensive maintenance to certain structures and also provide needed furnishings.

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2. That the possibility of acquiring approximately 100 additional acres with 50% of the acquisition monies coming from the Land and Water Fund be looked into immediately.

3. That the expansion of the camping area and facilities be implemented at the earliest date possible.

4. That a new rest station in the day use area be constructed at the earliest date possible. Present rest station does not meet public health requirements.

5. That a rock entrance sign be erected as soon as feasible.

6. That the Division implement a tree planting program in all open fields located within the park boundary.

7. That sufficient picnic tables and grills be provided to accommodate campers and day users.

8. That necessary steps be taken to remodel and refurnish the group lodge and install a heating system in the group lodge in order for same to be used on a year round basis.

9. That a request for assistance be issued to the Department of Transporta tion in repairing the park roads.

RED TOP MOUNTAIN
The Subcommittee recommends:
1. That steps be taken to provide water and electricity to camping sites in the Iron Hill area.
2. That a properly equipped tractor be provided to take care of land fill and construct camping pads.
3. That arrangements be made to grass shoulders and road banks.
4. That steps be taken to construct additional comfort station at the Iron Hill area.
5. That a feasibility study be made on construction of a swimming beach in the camping area.

PORT YARGO
The Subcommittee recommends:
1. That construction of a Ranger's residence and staff quarters in WillA-Way Group Camp Complex be undertaken as soon as possible.

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2. That arrangements be made to construct additional campsites, preferably at another location rather than adding to the present.

3. That the Division plan and construct additional hiking and nature trails.

4. That steps be taken immediately to repair buildings in Will-A-Way complex. "Roofs leaking".

5. That more assistance be obtained in publicizing to all interested citizens and groups that the facility is available on a year round basis to handicapped citizens. The cottages are winterized and very much suited for winter use.

6. That the Department of Transportation be contacted with a request that the entrance road to Will-A-Way be paved.

7. That the advisability of a mobile home or residence for the Will-A-Way Director be considered.

WATSON MILL
The Subcommittee recommends:
1. That the Department of Transportation be contacted with a request for assistance in the improvement of road system.
2. That development of park area be limited to day use with overnight camping only.

HARD LABOR CREEK
The Subcommittee recommends:
1. That the Division request budget funds to construct 5 additional rental cottages.
2. That road improvements be implemented either by grading or paving as soon as possible.
3. That steps be taken to request budget funds in order to construct a Ranger's residence.
4. That arrangements be made to rework all camping sites as soon as feasible.
5. That the necessary steps be taken to wall up the stable stalls in order to eliminate possible injury to horses.

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PANOLA MOUNTAIN

The Subcommittee recommends:

1. That plans presented for development be adopted and implemented as funds become available, develop the park in the most practical manner for early usage.

WHITEWATER CREEK

The Subcommittee recommends:

1. That a request for the paving of park roads be implemented as soon as possible.

2. That additional picnic areas and facilities be established.

3. That steps be taken to remove objectionable growth from the lake area.

4. That steps be taken to sow grass seed in desirable areas to correct surface erosion.

5. That immediate steps be taken to cover open holes atop old generating plant or fence in area to prevent possible injuries to park visitors.

CHEHAW

The Subcommittee recommends:
1. That steps be taken to expand the day use facilities.
2. That consideration be given to the construction of a swimming pool, bathhouse and additional trails.
3. That immediate steps be taken to paint the group shelter.
4. That the electrical outlets in the camping area be reworked to provide 30 amps service.

GEORGIA VETERANS MEMORIAL
The Subcommittee recommends:
1. That the Department of Transportation be contacted concerning entrance road repairs especially at railroad crossing.
2. That a request be made to the Department of Transportation to inspect and resurface all roads where needed.
3. That steps be taken to expand day use facilities.

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4. That the Division proceed with the construction of horseback riding trails on this Park.

REED BINGHAM
The Subcommittee recommends:
1. Committee encourages the early completion of the motor vehicle access bridge which is being constructed by Department of Transportation. Access bridge will eliminate excessive travel on the park of the park visitor and will tie the Cook and Colquitt portions of the park together.
2. That the Department of Transportation be contacted in an effort to have the park roads on the Cook County side of the park area paved.

BAINBRIDGE
The Subcommittee recommends:
1. That the Division make an effort to lease the Restaurant building located on this park. Structure needs repairs at present time.

SEMINOLE
The Subcommittee recommends:
1. That the Department of Transportation be contacted in an effort to get roads paved on the park area.

KOLOMOKI MOUNDS
The Subcommittee recommends:
1. That the Department of Transportation be contacted to get park roads paved. Roads are in poor condition and need immediate attention.

PROVIDENCE CANYONS
The Subcommittee recommends:
1. That the Division continued to proceed with present development plans.
2. That steps be taken to provide a protective fence at crucial points around the Canyons.
3. That immediate steps be taken to eliminate or at least control the existing erosion problem.

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FRANKLIN D. ROOSEVELT

The Subcommittee recommends:

1. That steps be taken to provide environmental landscape improvement and protection of group shelter area, pool area and information center.

2. That air condition be provided in the 5 new cottages as funds become available.

3. That the Division budget for additional new cottages. Patronage in dicates the need.

4. That steps be taken to budget for the renovation of the group camp in order to put it in good usable condition.

5. That steps be taken to expand the present camping area and if not feasible, add an additional camping area.

6. That requests for paving that have previously been made of the Depart ment of Transportation be followed up.

7. That the Division work an open ditch in group shelter area, closed up by extending culvert to the end -- about 50 feet.

BLACKBURN
The Subcommittee recommends:
1. That the Division follow through with plans to pave needed roads as soon as possible.
2. That a study should be made to determine the feasibility of acquiring additional land.
3. That future plans be made for a trading post, group shelter and 2 picnic shelters.
4. That any publicity should be held to a minimum until all roads are in usable condition.

AMICALOLA PALLS
The Subcommittee recommends:
1. That additional personnel be employed--a laborer and possibly a maid. It was noted that attendance in 1972 was nearly double that of 1971.
2. That additional shelters be constructed as soon as feasible.

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3. That a residence for the ranger be constructed as monies become avail able. Present budget for same has been insufficient.

4. That certain additions to the Superintendent's residence be accomplished as soon as feasible.

5. That the Division implement a study to determine the feasibility of acquiring additional land.

6. That efforts be made in the future to separate the day use and camp areas.

7. That steps be taken as soon as possible to rehabilitate the day use area.

8. That the feasibility of guniting the Reflection Pool at the foot of the falls be looked into as soon as possible.

9. That a tree planting program be implemented as soon as feasible.

10. That outdoor grills and picnic tables be installed in the cottage area.

PORT MOUNTAIN
The Subcommittee recommends:
1. That one new four-wheel drive truck be purchased as monies become available.
2. That the Division accomplish the installation of electrical and water in the camping area where such is not available. At present time only 28 camp^ sites out of 117 have electricity. Water supply is not easily available to all sites.
3. That the request for additional labor be followed up as soon as possible.
4. That immediate steps be taken to keep the water pipes under the new cottages from bursting during freezing weather.
5. That grills and picnic tables be furnished at all cottage sites.

VOGEL
The Subcommittee recommends:
1. That consideration be given to the possibility of constructing an athletic field.
2. That the Division continue in their efforts to acquire additional land in order to properly expand Park facilities.

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3. That the construction of a control building be accomplished as soon as feasible.

4. That rustic fences should be erected instead of creosote poles throughout the park area.

5. That a study be implemented to determine the feasibility of relocating the central food service center.

6. That a study be made to ascertain the cost of putting in telephone communication to Walasiyi Inn.

7. That the possibility of selling authenic Mountain arts and crafts at Walasiyi Inn be looked into.

BLACK ROCK MOUNTAIN
The Subcommittee recommends:
1. That consideration be given to the possibility of constructing a check-in station in the camping area.
2. That immediate steps be taken to improving directional signs throughout the park area.
3. That immediate consideration be given to the paving of the roads into the cottage area.
4. That the Department of Transportation be contacted to see if they will approve the operation of their snow plows from the main highway to the park area.
5. That rustic fences should be erected instead of creosote poles throughout the park area.

TUGALOO
The Subcommittee recommends:
1. That the construction of a family and group shelter be undertaken as soon as budget monies become available.
2. That a new camping area be constructed as soon as feasible.
3. That consideration be given to the construction of additional cottages.
4. That consideration be given to the construction of additional boat launch ing ramps.

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HART The Subcommittee recommends:

1. That additional lawn mowers be obtained as soon as feasible.

2. That immediate steps be taken to install playground equipment as there are none on the Park and these are badly needed.

3. That consideration be given to construction of additional camping sites. No additional comfort station is necessary.

4. That the Division implement a study to determine the feasibility of in stalling a miniature golf course.

5. That a study be made to determine the feasibility of separating the day use facilities from the camping area.

PAYNES CREEK SITE

The Subcommittee recommends:

1. That the State take this area over from the Corps of Engineers pro vided it is developed as promised by them. This could be an outstanding future regional park. The layout is excellent.

VICTORIA BRYANT

The Subcommittee recommends:

1. That publicity plans should be made for the grand opening of the Ty Cobb Memorial.

2. That a study be made to determine the feasibility of installing automatic water system on the Golf Course. There are new innovations now available that may be much less than in the past. (For watering purposes).
3. That immediate consideration be given to enlarging the storage mainte nance barn.
4. That a group shelter be constructed as soon as feasible. There are none on the Park. (6 Picnic shelters are now in use).
5. That a study be made to determine the feasibility of reducing the annual green fee from $150 to $75 per year. Please note that this is a 9-hole Golf Course and not an 18-hole Golf Course such as at Hard Labor Creek State Park.

MAGNOLIA SPRINGS
The Subcommittee recommends:
1. That the upper lake be renovated with shoreline improvements and stump removal as soon as possible.

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2. That roadway over the dam be paved and rep rap on water side of the dam.

3. That immediate consideration be given to the paving of the parking areas and park roads.

4. That all interior park directional signs be improved at the earliest date possible.

5. That effort be made to increasing the capacity of amps at camping electrical outlets. Also the installation of electrical outlets and water at camp sites in old camping area.

6. That a trailer for park laborer be obtained as soon as monies become available.

7. That consideration be given to the construction of a spring overlook as soon as feasible.

8. That a sign showing park hours be erected immediately at the park entrance.

9. That the acquisition of additional land with possible lake site develop ment be looked into immediately.

RICHMOND HILL

The Subcommittee recommends:

1. That additional camp sites with electricity and water be constructed as funds become available.

2. That directional signs be improved on highways and at intersections from 1-95 to park area.

3. That Division personnel contact Department of Transportation requesting that causeway to Savage Island be paved prior to June 1, 1973.

SKIDAWAY ISLAND

The Subcommittee recommends:

1. That the First Phase of Development on the Skidaway Island State Park site be pursued and carried out at the earliest date possible.

CROOKED RIVER

The Subcommittee recommends:

1. That immediate steps be taken to rework park sign at intersection of main highway.

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2. That shower curtains needed in the cottages be furnished at the earliest date possible.

3. That immediate action be taken to move the old cottages.

4. That work on the pier be undertaken as soon as funds become available.

5. That consideration be given to eliminating the maintenance barn road.

6. That immediate action be taken to control the existing river bank erosion or make arrangements to relocate the swimming pool filter unit and cottages which will be immediately effected by the continuous river bank erosion.

7. That immediate repairs be undertaken to correct rotted out boards on cottage porches, securing steps and securing edge of floor by covering with metal stripping.

LAURA S. WALKER
The Subcommittee recommends:
1. That a suitable arrangement be worked out with Mr. Strickland whereby flood easement can be obtained in order to proceed with the proposed renovation work on park lake.
2. That the Division follow up with the Department of Transportation concerning the required road work throughout entire park area.
3. That the old green state park entrance sign located on the highway at the former park entrance be relocated.

GENERAL COFFEE
The Subcommittee recommends:
1. That the flag pole at entrance of park be relocated since the existing location creates a hazard to automobiles entering the park area.
2. That the proposed dam to impound a 525 acre lake be constructed as funds become available. The use of the park area and existing facilities will be minimal until such time as the proposed dam impoundment has been con structed.

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THE GENERAL ASSEMBLY
State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES, MEMBERS OP THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

REPORT OF THE SECURITY GUARD QUALIFICATIONS COMMITTEE

THE COMMITTEE

Honorable Dick Lane Representative, 101st District Chairman Honorable G. D. Adams Representative, 100th District Honorable Ted Hudson Representative, 48th District

Honorable Robert G. Peters Representative, 2nd District Honorable W. Randolph Phillips Representative, 38th District
Honorable E. B. Toles Representative, 9th District

December 1972

INTRODUCTION

The Security Guard Qualifications Committee was appointed pursuant to the provisions of HR No. 3. Honorable Dick Lane, Representative, 101st District, was appointed as Chairman of the Committee. Since there are no laws regulating the security guard business in Georgia, the Committee was formed to study the need for legislation in this area. It was determined that the Committee would make recommendations to the General Assembly after making a thorough study of the security guard business in this State.

COMMITTEE FINDINGS
There are over 500,000 people engaged in the security guard business in this country. Only fifteen states have laws regulating the industry, and only Texas has such a statute in the southern United States. Security guards armed with pistols and sometimes accompanied by dogs can be found at county government buildings, hospitals, grocery stores, shopping malls, mills, industrial plants, office buildings and even sporting events. In some instance mentally deficient and unqualified people are being hired as security guards. Such people are not trained in the handling of firearms and the laws applicable to the job. Some guards interviewed were asked if they knew what to do in given situations, and many did not know. The problem has not been so much with the companies in the security business as with some of the people who work for them. Some companies are just hiring anybody. In one instance a man from Miami was hired by a company in Atlanta after he was cleared with the local police. It was later learned from an informer that such person was a convicted burglar in Florida. The Federal Bureau of Investigation refuses to search its files for criminal records on an individual unless there is a state law requiring it. Georgia has no law, and all checking is limited to local sources. This means that a man may be a convict from as nearby as Alabama, but such man could be cleared locally to work as a gun-toting guard.

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The security guard business is increasing rapidly in this State. Some cities, such as Albany, Atlanta and Columbus, have found it necessary to enact local ordinances to control such security business. These ordinances provide for high security bonds for the companies and their employees working at various establishments, but such things as mandatory fingerprinting of guards
is lacking. An estimated 10,000 persons are engaged in the security guard business in the metro-Atlanta area. This is more than all the city and county police departments combined in the five-county metro area. Three years ago there were nineteen security guard companies in Atlanta and now there are fifty-four such companies.

Problems have occurred between security guards and local police depart ments. Security company uniforms are similar to police uniforms. Unless security guards have been deputized by an appropriate local police official, such security guards have no greater power of arrest than the ordinary citizen. However, in many instances security guards have acted beyond their authority in making arrest. Some private security guards and private detectives are carrying concealed weapons, although under Georgia law such activity is unlawful. There have been cases where private security forces patrolled public streets of subdivisions, thereby encroaching upon the jurisdiction of the local police department.

On the other hand, many local police representatives have pointed out instances where security guards have greatly aided the police in apprehending criminals. The police feel that adequately qualified and trained private security guards in cooperation with local police afford citizens greater protection from

Representatives from security guard companies are quick to point out that security personnel are not in the same business as law enforcement officers. Their personnel are used for many special events such as handling the Masters Golf Tournament and taking tickets at sporting events. It was pointed out that every major security company has a training program. Most guards, after their initial training, receive eight to twenty-four hours of on-the-job training with a supervisor before working alone. The amount of training varies with the different types of jobs. Guard training covers the following areas: standards of conduct, plant patrols, revolvers, fire extinguishers, public relations, first aid, flag etiquette, weekly time reports, safety hazards and personal safety.
The Committee found that although private security and law enforcement differ in many ways, they also have some things in common. The primary purpose of both is to fight crime. They both wear uniforms and carry guns, and to members of the public the distinction is somewhat blurred. Also, quite often they must work together on specific cases. Experience with the law setting minimum standards for police officers indicates that legislation has been effective in upgrading the quality of men coming into law enforcement, and it is believed that minimum standards for private security will contribute to the upgrading of the private security industry.
The members of the Committee agreed that legislation was needed to regulate the security guard industry. The Committee suggested to representa tives of the industry that a board be created, representative of the industry, law enforcement and the general public. The board would have the authority to grant and refuse licenses and to promulgate regulations for the industry.

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Representatives from the private security and private detective business agreed that legislation was needed in this State. They were in favor of such a board and training requirements for security personnel. However, they felt that unnecessary training would hurt the public in the long run. As a whole, the industry wants legislation to upgrade the quality of their personnel, but they do not want standards to be so strict that they are unable to hire anybody.

CONCLUSIONS AND RECOMMENDATIONS

Your Committee believes that legislation is needed to upgrade the security guard business in this State. At the present time mentally deficient and un qualified people are being hired as gun-toting security guards. The security guard and private detective businesses have been very cooperative and are in favor of such legislation.

It is not the intent of this Committee to put anybody out of work. However, the Committee feels that if security guards are going to patrol and carry a gun in public places, such security guards should at least meet minimum standards of competence for the protection of the general public.

The Committee recommends the passage of the bill attached thereto and made a part of this report.

/s/ Dick Lane Representative, 101st District
/s/ G. D. Adams Representative, 100th District
/s/ Ted Hudson Representative, 48th District

Respectfully submitted,
/s/ Robert G. Peters Representative, 2nd District
/s/ W. Randolph Phillips Representative, 38th District
/s/ E. B. Toles Representative, 9th District

APPENDIX
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 certain 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 pro vide for bonds; to provide for license and registration fees; to provide for qualifications; to provide for security on employer-employee basis; 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 suspension and revocation of licenses; to provide for appeals; to provide for exceptions; to provide a penalty; to provide for the application of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Short title.--This Act shall be known and may be cited as the Georgia Private Detective and Private Security Agencies Act.

Section 2. Definitions--As used in this Act unless the context otherwise requires, the term:

(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 reference 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, transactions, 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, accidents, 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 exclusively and regularly by only one employer in connection with the affairs of such employer only and where there exists an employer-employees relationship unless the employer is in the detective business.
(c) "Private security business" means engaging in the business as or ac cepting employment as a private patrol, watchman or guard service, for con sideration 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 relationship unless the employer is in the private security business.
(d) "Person" includes individuals, firms, associations, companies, partner ships 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 Detective and Private Security Agencies. The Board shall consist of five members, each of whom shall be appointed by the Governor and confirmed by the Senate, to serve for a term

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of four years.The first appointees 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 mem bers shall be engaged in city, county or state law enforcement and shall have at least four years' experience in governmental law enforcement immediately pre ceding his appointment. One member shall be appointed from the public at large. At the first meeting of the Board held each year, the members shall elect a chairman to serve for one year. A majority of the board members shall con stitute a quorum for all board business and, with the exception of hearings, may conduct business by conference telephone. The Governor may remove 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 appointment 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 administra tive 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 regis tration 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 con duct of persons licensed and registered under the provisions of this Act.

Section 4. Application for license; qualifications.-- (a) Any person or cor poration 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.

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(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 officer and an adequate training program with a curriculum approved 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' experience
as a supervisor or administrator in industrial security or with a licensed private security agency, or at least two years' experience 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, association or partnership shall meet the qualifications set out herein for an individual applicant, and shall be an officer of such corporation, or member of such association or partnership. The license of a corporation may be denied by the Board, or suspended or revoked, if it shall appear that ten percent or more of the stock of such corporation is held by a person who cannot meet the qualifications required of an applicant.

(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 ad dresses 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. If the applicant is an association, corporation or partnership, similar information shall be required of each officer of such association, corporation or partnership and of each stockholder owning ten percent or more of the stock of a corporation. Each ap plicant 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 documentation as the Board may require by regulation.

Section 5. 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 thirty thousand dollars. No bond shall be accepted for filing unless it is with a surety

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3751

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 provisions of this Act. Any person aggrieved by an act of the principal named in such bond in violation of the provisions of this Act may proceed on such bond against the principal or surety therein, or both, to recover damages.

Section 6. 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 business or private security business stated in such application. 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.

(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 7. Qualifications of employees; registration; fees.-- (a) Any li censee 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. 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 investigate the character, competency and integrity of the em ployee. The application for registration shall be accompanied by two sets of fingerprints 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 termina tion of employment of any registered employees. The Board may waive the sub mission of fingerprints and photographs for any employee who has been em ployed by a person licensed under this Act within the previous six months. Such

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registration shall be for one year and application for renewal shall be on a form furnished by the Joint-Secretary.

(b) The registration fee for an employee registered in accordance with the provisions of subsection (a) shall be an initial fee of $10.00 and for renewal of any such registration $10.00 per year.

Section 8. Security on employer-employee basis.-- (a) Any person or cor poration 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 other source;

(3) pay an annual license fee of $25.00.

(b) Any person or corporation licensed in accordance with subsection (a) shall within twenty days of the beginning of employment of a person in private security work furnish the Board with the name, photograph, 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 person so registered shall pay an annual registration fee of $5.00. 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 illenss, 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 application for renewal shall be on a form furnished by the Joint-Secretary.

Section 9. 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 fingerprint system of identification estab
lished by such Department and the fingerprint system of identification estab lished by the Director of the Federal Bureau of Investigation at Washington, B.C.

(b) It shall further be the duty of the Board to keep a record of all infor mation received from the Department of Public Safety and the Federal Bureau of

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Investigation with respect to criminal identification and to cooperate with the Department of Public Safety, with departments in other states and with the Department of Justice in Washington in any criminal identification system.

Section 10. Permit to carry firearms; fees; training; exemptions.-- (a) The Board may grant to any person licensed or registered in accordance 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-Secre tary 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 received 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 registered 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 engaged in the private detective business 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 con cealed 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, relat ing to carrying a pistol without a license;

(2) Code Section 26-2904, Code of Georgia 1933, as amended, relat ing to license to carry pistol or revolver.

Section 11. 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 registra tion 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 turpi-

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tude or any other crime involving the illegal use, carrying or possession of a dangerous weapon;

(5) committed any act in the course of the licensee's business con stituting dishonesty or fraud;

(6) impersonated or permitted or aided and abetted any other per son to impersonate a law enforcement officer or employee of the United States or of this State or any political subdivision thereof;

(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, battery or kidnapping;

(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;

(12) undertaken to give legal advice or counsel or to in anywise represent that he is representing any attorney or is appearing or will appear in any legal proceedings or to issue, deliver or utter any simula tion of process of any nature which might lead a person or persons to believe that such simulation, written, printed or typed, may be a sum mons, 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 subsection (a) shall be in writing, signed by the Board, stating the grounds upon which rev ocation 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.

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Section 12. 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 exclusively in the business of obtain ing and furnishing information in relation to the financial rating of persons;

(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 transacted 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 city, county, or city and county, including in the registration full information as to the identification and employment of the individual.

Section 13. 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 14. Application of Act.--This Act shall only apply to persons, associations, partnerships and corporations who become engaged in the private detective business or private security business after the effective date of this Act. This Act shall not apply to any person, association, partnership or corpora tion who is presently engaged in the private detective business or private security business on the effective date of this Act.

Section 15. Effective date.--This Act shall become effective upon its ap proval by the Governor or upon its becoming law without his approval.

Section 16. Repealer.--All laws and parts of laws in conflict with this Act are hereby repealed.

3756

JOURNAL OF THE HOUSE,

THE GENERAL ASSEMBLY State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
*********

REPORT OF THE STATE OF REPUBLIC COMMITTEE
*********

THE COMMITTEE

Honorable Mobley Howell Representative, 60th District Chairman Honorable Claude A. Bray, Jr. Representative, 31st District Vice Chairman Honorable James W. Keyton Representative, 70th District Secretary Honorable J. E. Bohannon Representative, 20th District Honorable Jack Connell Representative, 79th District Honorable Walt Davis Representative, 75th District Honorable A. B. C. Dorminy, Jr. Representative, 48th District

Honorable Ward Edwards Representative, 45th District Honorable Leon R. Floyd Representative, 75th District Honorable Joe Isenberg Representative, 67th District Honorable E. R. Lambert Representative, 25th District
Honorable W. W. Larsen, Jr. Representative, 42nd District Honorable Lauren McDonald, Jr. Representative, 15th District Honorable Tom O. Triplett
Representative, 93rd District Honorable Tom Turner Representative, 3rd District

January, 1973

REPORT OF THE STATE OF REPUBLIC COMMITTEE

BACKGROUND OF THE COMMITTEE

During the 1972 session of the General Assembly, two legislative proposals were before the Committee which provided for the holding of a Presidential Preference Primary in Georgia. These proposals were not considered by the Committee during the 1972 session. During the interim, a special subcommittee of the full Committee was created to investigate the need for a Presidential Preference Primary. Following the delegate selection processes to the national nominating convention of the Democratic Party, many members of the Committee received complaints from their constituents to the effect that the delegate selec tion process employed during 1972 did not result in delegates being selected which reflected the will or views of the majority of the electors at the Demo cratic Convention. Following these complaints, it was felt that the subject of

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Presidential Preference Primaries warranted the attention of the entire Com mittee, and the full Committee undertook this subject as a project for its interim committee work.
WORK OF THE COMMITTEE
Each of the forty-nine States were surveyed concerning their laws relative to Presidential Preference Primaries and procedures for delegate selection. At the various meetings of the Committee, representatives of the Democratic and Republican parties were requested to appear as well as the national committeemen and committeewomen of each party along with the State Election Board in order to receive the input from these individuals regarding this subject.

FINDINGS OF THE COMMITTEE
Based upon the information received by the Committee, the Committee drafted legislation with these objectives in mind:
(1) Not to require an additional election with its attendant inconveniences to the voting public and requiring additional expenditures.
(2) Preserve as much as possible the autonomy of the political parties in the process of delegate selection.
(3) Devise a means for delegate selection so that the selection process would be so structured that the will of the electorate might be represented at any na tional nominating conventions of the major parties.

RECOMMENDATION OF THE COMMITTEE

Based upon the information received and the objectives set forth above, the Committee has prepared a Presidential Preference Primary law which, in the opinion of the Committee, meets the criteria set forth above. This legisla tion is recommended for passage by the General Assembly.

/s/ Mobley Howell Representative, 60th District Chairman
/s/ Claude A. Bray, Jr. Representative, 31st District Vice Chairman
/s/ James W. Keyton Representative, 70th District Secretary
/s/ J. E. Bohannon Representative, 20th District
/s/ Jack Connell Representative, 79th District
/s/ WaltDavis Representative, 75th District
/s/ A. B. C. Dorminy, Jr. Representative, 48th District

Respectfully submitted,
/s/ Ward Edwards Representative, 45th District
/s/ Leon R. Floyd Representative, 75th District
/s/ Joe Isenberg Representative, 67th District
/s/ E. R. Lambert Representative, 25th District
/s/ W. W. Larsen, Jr. Representative, 42nd District
/s/ Lauren McDonald, Jr. Representative, 15th District
/s/ Tom 0. Triplett Representative, 93rd District
/s/ Tom Turner Representative, 3rd District

3758

JOURNAL OF THE HOUSE,

THE GENERAL ASSEMBLY State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

*********

REPORT OF THE STATE PLANNING AND COMMUNITY AFFAIRS COMMITTEE
(House Resolution No. 3)

*********

THE COMMITTEE

Honorable Elliott H. Levitas Representative, 77th District Chairman Honorable Sam A. Nunn, Jr. Representative, 41st District Vice-Chairman Honorable Gerald Talmadge Horton Representative, 95th District Secretary Honorable W. M. Alexander Representative, 96th District Honorable Howard Atherton Representative, 117th District
Honorable Jesse Blackshear Representative, 91st District Honorable Haskew H. Brantley, Jr. Representative, 114th District Honorable Ben Brown Representative, 110th District Honorable Dekle Coney Representative, 82nd District Honorable Rodney M. Cook Representative, 95th District Honorable Walt Davis Representative, 75th District Honorable Robert H. Farrar Representative, 77th District

Honorable Leon R. Floyd Representative, 75th District Honorable Arch Gary Representative, 21st District Honorable Harry C. Geisinger Representative, 72nd District Honorable Guy Hill Representative, 97th District Honorable Eugene Housley Representative, 117th District Honorable Nathan G. Knight Representative, 30th District Honorable Dick Lane Representative, 101st District Honorable George K. Larsen Representative, 113th District Honorable Janet S. Merrittt Representative, 46th District Honorable Matthew W. Mulherin Representative, 78th District Honorable Grover C. Patten Representative, 63rd District Honorable Walter B. Russell, Jr. Representative, 77th District Honorable Larry W. Thomason Representative, 77th District

January, 1973

REPORT OF THE STATE PLANNING AND COMMUNITY AFFAIRS
COMMITTEE

INTRODUCTION

The interim studies conducted by the Standing Committee on State Planning and Community Affairs were conducted by five special subcommittees which

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3759

were established on function lines corresponding with current pressing problems in the field of community concern and planning, as follows:

1. Air and Water Pollution

2. Community Development

3. Local Government Finance

4. Local Zoning and State Land-Use

5. Urban Growth

Except for the establishment of a new subcommittee dealing with zoning and land use, the subcommittees were continuing their investigations and efforts in these areas from the interim period of 1971 as well as from the 1972 session of the General Assembly.

This report of the Full Committee consists of the separate reports of each of the functioning subcommittees, which reports will speak for themselves. While the subcommittees operated independently under their respective chairmen, the entire effort was conducted under the scope of the Full Committee. This in volved an initial delineation of effort by the Full Committee and approval of the subject matters by it prior to subdividing into the smaller groups. This was followed by a mid-work report session in which preliminary findings were re viewed by the Full Committee based on the reports by each subcommittee with suggestions, comments, and direction being given to each subcommittee at that time. Finally, the reports of each of the subcommittees were made to the Full Committee and carefully reviewed and evaluated by the entire membership prior to being included in this report.

The staff of the Full Committee worked closely with each of the subcom mittees. Through the excellent and appreciated cooperation and generosity of Georgia State University and, in particular, the Urban Life Center, under the direction of Dean Alex Lacey, staff services were provided for each subcommittee. Also, the Graduate City Planning Department of the Georgia Institute of Technology, under the able leadership of Dr. Tony Catanese, provided invaluable assistance to the subcommittee on Local Zoning and State Land-Use.

The various subcommittees conducted 66 meetings from May to December 1972. More than one-third of these public work sessions were held throughout the State with every attempt made to notify the general public through press releases and direct mailings to concerned organizations and community groups. The subcommittees were as follows:

1. Air and Water Pollution
Representative Harry Geisinger--Chairman Representative George Larsen--Vice Chairman Representative Haskew Brantley Representative Nathan Knight Representative Sam Nunn

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2. Community Development
Representative Janet S. Merritt--Chairwoman Representative Ben Brown--Vice Chairman Representative Arch Gary Representative Dick Lane Representative Grover C. Patten Representative Walter Russell, Jr.
3. Local Government Finance
Representative Howard Atherton--Chairman Representative Dekle Coney--Vice Chairman Representative Rodney Cook Representative Walt Davis Representative Robert Farrar Representative Harry Geisinger
4. Local Zoning and State Land-Use
Representative Gerald T. Horton--Chairman Representative George Larsen--Vice Chairman Representative W. M. Alexander--Secretary Representative Haskew Brantley Representative Ben Brown Representative Walt Davis Representative Harry Geisinger Representative Nathan Knight Representative Dick Lane Representative Matthew Mulherin Representative Walter Russell, Jr.
5. Urban Growth
Representative Matthew W. Mulherin, Chairman Representative Eugene Housely--Vice Chairman Representative W. M. Alexander Representative Jesse Blackshear Representative Haskew Brantley Representative Leon Floyd Representative Guy Hill Representative Larry Thomason
STAFF:
Quinn Hudson, Legislative Aide David Baird, Georgia State University J. T. Henson, Georgia State University Cathy Inabnit, Georgia State University Richard W. Schmidt, Georgia Tech Fred S. Schwartz, Georgia Tech Ken Kessler, Georgia Tech Leon A. Pierce, Georgia Tech
The report of each of the subcommittees was adopted in principle at meet ings of the Full Committee held on November 28, 1972, and December 20, 1972.
Respectfully submitted,
/s/ Elliott H. Levitas Representative, 77th District Chairman

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3761

AIR AND WATER POLLUTION

Conclusion

The Air and Water Pollution Subcommittee has attempted, during the in terim study period, to devise a means of providing financial assistance to local governments that would allow them to conform to the standards established by the State and national governments. While the Subcommittee, in the report to the 1972 General Assembly, had determined a level of need to warrant State financial assistance, it remained for the subcommittee to resolve the specific form and approach of an assistance program.

One of the first determinations of the subcommittee was to accept a loan assistance program, rather than a grant program, which would be designed to help a local government provide its local matching funds required for receiving
Federal grants. And it was also decided to incorporate water systems into the concept of a loan assistance program, in that it is becoming increasingly diffi cult to separate the problems of "water supply" to "water treatment". It was originally assumed that a five-year $100 million program or $20 million a year would be initially sufficient to meet the minimum needs of local governments. The subcommittee also assumed that the State would be able to engage directly in deficit financing, and that the money could be raised through the selling of State obligations. The cost to the State of the long term financing would be largely offset by the local government reimbursing the cost of the loan.

However, the program is intended to be permissive on the part of local governments. The attractiveness of the program for local governments would be the lower interest rate commanded by the State and more favorable terms of the loans, i.e., extending the length of the loan and deferring the initial pay ment until the facilities begin generating revenue. The State would be providing local governments with "cheaper" money and subsidizing the interest payment in the short run as another means of providing financial assistance. The con tinuing obligation of the General Assembly would be to appropriate sufficient monies to maintain the trust fund, but it is expected that by the third year of the program the repayments by local governments will begin to offset this appropria tion. However, it is intended that the primary savings for local governments would be reduced interest charges, and only as local needs dictate, would the availability of more favorable loan terms be offered to local governments.

It remained for the subcommittee to determine the means of administering the program. At the Full Committee meeting of November 28, 1972, the sub committee proposal of creating a new commission to administer the financial aspects and to supervise the construction of facilities, similar to the operation of the Georgia Education Authority (Schools), was endorsed by the Full Com mittee. Subsequent to this meeting, the subcommittee became aware of a pro posal to consolidate within a Construction Supervision Division of the Depart ment of Administrative Services the responsibility to supervise the construction of facilities as authorized by capital expenditures. As this new agency would have the general background and experience and is to function as a service agency for other departments of the State government, it became less desirable to create a new commission in which one of its primary functions was to super vise the construction of State supported water and sewer facilities. However, it was still necessary to indicate an agency with responsibility for approving and administering projects, to serve as a point of contact for local governments at the
State level.

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Recommendations

One important aspect of administering the program involves an economic and financial expertise as necessary to evaluate the financial commitment of local governments. As this capability is presently not available in the Environ mental Protection Division of the Department of Natural Resources, it was de cided as the individual sections of the Environmental Protection Division are also expected to review the technical and engineering aspects of local plans, that an Economic Analysis Section be created within the Environmental Protec tion Division to administer the State loan assistance program.

It is intended, within the enabling legislation for the Economic Analysis Section, to include the authorization for a $100 million loan assistance program. The Economic Analysis Section would further be directed to:

1. Determine economic needs of local governments in financing water supply and pollution control activities on a short term and long term basis;

2. Assess and advise the criteria of need by which loans and grants may be made available to local governments, given the technical basis of need as presented by the existing sections of the Environmental Protection Division;

3. Specifically administer the loan program wherein may recommend the terms of repayment, whether it will be an extended term of payment and/or whether a postponement of the initial payment be allowed until the facility is operational;

4. Study and recommend to local governments an equitable and adequate rate structure of user charges, so as to ensure the self-sufficiency of the local system to finance its operating and capital costs;

5. Be a party to the negotiation of the lease-back and financial details of the letter of commitment between the State and local governments;

6. Serve as liaison between the Environmental Protection Division and the Construction Supervision agency as relates to the financial details of the leaseback arrangements;

7. Own and operate water and sewer facilities when local governments become delinquent or default their obligations to the State;

8. Report annually to the State Planning and Community Affairs Com mittee the financial needs that require some nature of State assistance to local governments, it being expected that the Legislative Budget Analyst will append his interpretive remarks.

It is expected that when a local government requests financial assistance, the Economic Analysis Section would survey the financial implications while being aware of the general priority of the proposed facility to receive engineer ing and Federal approval. The Section would also be aware of possible uses that might be requested of its own limited resources. As the engineering and financial details are completed, the Construction Supervision would be notified and a final contractual agreement prepared. Once the proposed facility is com-

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pleted and operating, responsibility is turned over to the local government. The Section would monitor the repayment activities of the contractual agree ment. A similar approach for water systems would be used with the major dif ference being the possibility of 100 percent financing.

The subcommittee has taken a tedious but flexible path to the above con clusions, but has constantly sought out a functional approach of State assistance to local governments which will serve the best interests of both the State and the local governments. The loan proposal contains a long term commitment of financial assistance but one which also is flexible enough to increase or decrease its scope once the program is underway. This is one of the reasons that the re quirement is being made for an annual report which is intended to justify the existence of the program through legislative oversight of its activities. Costs

Water and Sewer Loan Assistance Program

1. Debt Servicing

_. _

2. Program Administration ______

$1,700,000 __________ 60,000

TOTAL ...______._..___.__. ..... ______ ____________ $1,760,000

Breakdown of Cost Estimates

Deficit Financing
Series 1 Series 2 Series 3 Series 4 Series 5
Total:

$20,000,000 20,000,000 20,000,000 20,000,000 20,000,000
$100,000,000

Debt Servicing
Year 1 Year 2 Year 3 Year 4 Year 5

$1,700,000 3,400,000 5,100,000 6,800,000 8,500,000

Note: Debt servicing is computed on 20 year notes at 5% interest.

Program Administration
Personal Services Operating Expenses
Total:

$50,000 10,000
$60,000

Number of Full-Time Positions: Total State Appropriation FY 74 Debt Servicing Program Administration
Total:

4
$1,700,000 60,000
$1,760,000

Respectfully submitted,
/s/ Harry C. Geisinger Representative, 72nd District Chairman

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COMMUNITY DEVELOPMENT

The Community Development Subcommittee was given the responsibility of studying the following areas during the 1972 interim:

1. Rural Housing.

2. New Towns.

3. Role of the Area Planning and Development Commissions (APDCs).

Rural Housing
Conclusion
The 1970 report of the Joint Committee to study State Housing Needs concluded:
"that Georgia's public response to its housing problems has been too minimal and too uncoordinated to successfully deal with the problems. It (the Joint Committee) felt that the same broad and systematic means by which the State responds to its citizens' needs with regard to education, highways, health, and many other services, should be brought to bear on the require ment for more and better housing."
As far as a comprehensive State housing planning program, Georgia has made little progress since the 1970 report recognized the need. A State Office of Housing has been established by executive order, but under reorganization the housing function was transferred to the Department of Human Resources. The Department of Community Development was given all the resources for a State housing planning program. Such things as the HUD '701' comprehensive planning funds, the coordination of APDC activities, and general responsibility for community affairs are major items which are integral in any successful housing program. The responsibility and the resources need to be placed together.
Also, the State Office of Housing needs to be legislatively mandated with a set of powers and responsibilities. This will add a degree of stability to the housing function and allow the legislature a significant role in a State housing program.
In the past the Federal government has played the dominant role in "provid ing a decent living environment for all Americans". Now, through comments by Secretary Romney of HUD and special revenue sharing proposals, we see the desire of Congress and the current Administration to shift the responsibility for housing problems to the states through block grants. Such grants will only go to those states with a housing program. Georgia needs to seriously consider now what role it will play, if any, in implementing a housing program.
Recommendation
1. That the State Office of Housing be created by legislative mandate and located in the Community Affairs Division of the Department of Community Development;

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2. That the State Office of Housing be legislatively delegated the following responsibilities:

a. be responsible for a State housing planning program to be pre sented annually to the General Assembly. This report shall include a discussion of the housing problem in Georgia and the extent of Federal, State and local involvement;

b. be responsible for all State level Federal housing planning pro grams ;

c. provide technical assistance to regional and local sponsors of nonprofit housing;

d. encourage local and regional housing authorities;

e. provide housing technical assistance to local governments and APDCs;

f. aid in the organization and incorporation of nonprofit housing development corporations;

g. technical assistance to organizations applying for Federal hous ing-related grants and loans;

h. review and coordinate all State level housing-related planning grant applications within the State;

i. provide training to housing development corporation staff, Com munity Action Agency staff, and APDC staff in housing.

3. Increase funding and staff of the State Office of Housing to adequately administer the legislatively delegated responsibilities.

4. Transfer the State Building Administrative Board from the Secretary of State's Office to the State Office of Housing for administrative purposes only;

5. Provide that the director of the State Office of Housing shall be the permanent secretary of the State Building Administrative Board;

6. Adopt the final code recommendation of the State Building Administra tive Board as Statewide minimum standards for local governments;

7.

a. That the Georgia Development Authority for Housing Finance

(H.B. 1245, 1972) be amended to permit the Authority to act as primary

mortgagee for low and moderate income housing developments under

taken by approved sponsors;

b. In areas where no sponsor interest is shown and a shortage of low and moderate income housing exists that the Georgia Development Authority for Housing Finance be authorized to sponsor and finance needed low and moderate income housing development.

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8. Establish a Housing Development Corporation Revolving Loan Fund to be administered by the Georgia Development Authority for Housing Finance. The fund would be used to make "seed money" loans to sponsors of low and moderate income housing.

Costs

A. Legislatively establish the State Office of Housing and locate it in the Department of Community Development.
Costs .......... ..________.....-..-_--___._._.$250,000

Note: The current State Office of Housing was created by executive order on September 29, 1972. The funding of $250,000 could be used to provide matching money for addi tional Federal funds, thus increasing the total amount of monies available to the State Office of Housing.

B. Transfer the State Building Administrative Board to the State Office of Housing.

Costs

-_.--.. ....--..-.-..$ 85,000

Note: Since FY 71-72, the State Building Administrative Board has been appropriated $85,000 for operating expenses, therefore, no additional funding will be required to operate this responsibility.

C. Activate the Georgia Development Authority for Housing Finance and add the following powers:

1. Permit the Authority to act as primary mortgagee for low and moderate income housing developments undertaken by approved sponsors;

2. In areas where no sponsor interest is shown and a short age of low and moderate income housing exists, the Au thority is authorized to finance needed low and moderate income housing development.

3. Establish a revolving loan fund to be administered by the authority for "seed money" loans to nonprofit sponsors of low and moderate income housing.

Costs ..... ..... ............ ........ . . ..

- ....._.................._...__... $100,000

Note: With the proposed amendments to the Authority Act, the Georgia Development Authority for Housing Finance will be eligible for funding by the Department of Housing and Urban Development. According to HUD document HPMCFHA 4400.4--1, State and local agencies are eligible for Federal monies if they provide financial assistance for hous ing development. Also, bond anticipation notes may be used to obtain the needed funds for implementation. If funds can-

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not be obtained through the two mentioned avenues, then the State would have to appropriate a one-time allocation. Once the Authority is established, it can finance activities through its bonding power. Item No. 3 will not require any additional expenses for implementation because of the bonding power of the Authority.

To give a perspective in relation to the costs of other state's implementing costs for housing finance agencies, con sider the following:

1. Massachussetts -- $ 300,000

2. Michigan

-- $ 947,000

3. Illinois

-- $1,000,000

Further, the General Assembly might provide the imple mentation money as a loan instead of a grant. Within a short period of time (est. two years) the General Assembly would be reimbursed.

D. Total Costs (Items A, B, and C) _. ... ..... .._........... .... ..... $435,000

Note: If you consider that Item B is already funded and Item C would be a repayable loan, then the only money which the State would provide would be $250,000 for Item A.

NEW TOWNS

Conclusion

Georgia is fortunate that it has not experienced the problem of urban sprawl, congestion, and adverse growth which several East and West coast cities have. New towns which provide for orderly growth and utilize concepts of open spaces and greenbelts, provide adequate housing and services, and pursue a policy of balanced growth and natural resources preservation are being planned and constructed in Georgia.

The State, as in housing, has not adopted a policy towards "new towns". Such a policy is being considered by the State Office of Planning and Budget. This proposal could be enacted by executive order and would be implemented by the cooperation of developers when proposed projects do not anticipate Federal or State funding assistance.

The Federal government through the Department of Housing and Urban Development has a program of providing loan guarantees and grants to private developers of new communities. At this time, there has been one development to make application for such funding but no awards have been made.

Any attempt to adopt a rational, orderly growth plan for Georgia must include a discussion of new communities. Planned, organized new towns are an answer to the disorderly, random, adverse development of many of our country's metropolitan areas. Congestion, pollution, and land abuse are results of a lack

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of forethought. Georgia is unique in the sense that it still has time to avoid the growth problems of the Northeast and West coast of the United States.

Recommendation

The subcommittee recommends that the State Office of Planning and Budget present to the General Assembly a State New Town Policy with consideration to be given to the following areas of potential State activity:

A. State planning and technical assistance;

B. housing mixture requirements;
C. financial assistance, tax incentives, and grants;
D. creation of a development authority with the powers of eminent domain and the ability to incur debt for the purposes of acquisition and development of new towns;
E. require new town developers to donate all of the open space, school sites and rights-of-way to a State Authority with the understanding that these lands could be swapped around as the plan evolved;

F. a policy which includes equal emphasis on the three types of new com munities (new town-in-town, satellite towns, new communities).

ROLE OF THE AREA PLANNING AND DEVELOPMENT COMMIS SIONS
Conclusion
Georgia has been a national leader in the creation and establishment of sub-state, multi-jurisdictional planning agencies. No other state is as advanced as Georgia in providing a planning program to assist in local and State govern mental decisions. The APDCs are providing invaluable assistance to local govern ments, but there are several problems which need to be addressed such as the following questions:
-- Are APDCs a function of local or State government?
-- Should APDCs be used as administrative arms of State government?
-- Should APDCs be given legislative and/or regulatory powers?
-- Should Act 1066 be amended to clearly define the role of APDCs?
-- What is the potential effect of the State-Local Fiscal Assistance Act of 1972 on the programs of the APDCs?
-- What role should the legislature play in its relationship with APDCs?

Recommendations

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1. Act 1066 be amended to specifically define an APDC and its relationship to State and local governments;

2. legislatively mandate the composition of the APDC boards to include a requirement that the mayor of the largest municipality and the commission chairman of the largest county be on the board; also, set the board composition in regard to minority groups, private citizens, and public official representatives;

3. allow APDC review of all State programs affecting local governments much in the same procedures as Federal A-95 review;

4. require APDC staff to provide accounting and auditing assistance to local governments;

5. set minimum charge for local governments to pay for financing APDC activity, the amount of 30<f per capita is suggested.
Respectfully submitted,
/s/ Janet S. Merritt Representative, 46th District Chairwoman

LOCAL GOVERNMENT FINANCE

Conclusion

There exists in Georgia a need for the State to provide additional sources of revenue for local governments and provide, at the same time, tax relief for property owners. Consider the following:

-- from FY 64 to FY 70, all State and local taxes increased 91.7% and 92.0%, respectively;

-- as a percentage of total taxes, property taxes constitute .3% on a State level and 88.6% locally;

-- property taxes increased 82.4% and 90.8% on a State and local level, respectively, from FY 64 to FY 70;

-- the major source of revenue for local education efforts is the property tax;

-- recent State Supreme Court rulings in Texas and California have indi cated a judicial feeling that local education cannot be financed solely by property taxes;

-- on October 20, 1972, President Nixon signed into law the State and Local Fiscal Assistance Act of 1972 (Federal General Revenue Sharing Act).
Recommendation
The subcommittee offers the following tax proposals for consideration. The

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several recommendations offer the General Assembly a list of alternatives from which the legislature can choose.

1. Property Classification Amendment. A proposed constitutional amend ment to allow the General Assembly to classify property and a corresponding taxation schedule. This would allow the legislature to classify land and tax
according to use, such as the Tennessee system.

2. Local Option Income Tax. A local option 1% income tax at point of residence. If adopted Statewide, this tax would produce $65 million or $14.16 per capita. Any city or county adopting this tax must reduce the local millage rate in an amount not less than 50% of the net proceeds of said tax. A municipality is defined as providing any three of the following services: water, sewage,
garbage collection, police protection, fire protection, and library.

3. 1(5 Statewide Sales Tax Increase. This tax will produce $139 million or $30.28 per capita Statewide. The distribution formula is as follows:
(a) one-half of the amount raised will be allocated to each county based upon point of collection;

(b) remainder will be allocated to the counties on a percentage of total State population basis;

(c) 40% of the total funds to each county will be allocated to the county board of education;

(d) 60% of the total county amount will be allocated between the county and all municipalities according to population percentage of the entire county.

In order to be eligible, each county, municipality, and board of education must reduce ad valorem taxes by not less than 50% of the amount received. Also, accounting and auditing procedures are required.

4. Sales Tax Credit. A sales tax credit for persons with a net taxable income of $5,000 or less in order to offset the regressiveness of the sales tax increase. The table is as follows:

If the Georgia taxable net income of the resident individual for the taxable year is:

The credit to resident individuals
for himself:

Under $1,000 ................_........................._..._._.......... _...................... $10.00

$1,000 to 1,999 ____________ ______ _______

15.00

$2,000 to 2,999 ______________ ..... ...... ____________________ ____________ .... _ 25.00

$3,000 to 3,999 __________________________________________

35.00

$4,000 to 5,000 ____________

_

______ 45.00

5. 1# Cigarette Tax Increase. Increase from 12^ to 13<* per pack the State cigarette tax. This will raise $5.3 million or $1.17 per capita Statewide. Alloca tion to the local governments will be 1/26 to municipalities and 1/26 to counties on a proportional population basis with total State population.

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6. 10 Sales Tax Increase. Increase State sales tax without any provision for allocation.

7. Malt Beverage Tax. Establishes a minimum of 5$ per 12 ounces of beer to be imposed by municipalities. This would raise almost $36.1 million or $7.86 per capita Statewide. All monies will remain with the local government.

Federal General Revenue Sharing Recommendation

The subcommittee offers the following observations and recommendations on the Federal General Revenue Sharing Program. The plan provides monies for a period of five years only. Therefore, State and local governments should not use these revenues for recurring expense items. The allotment for local governments is split among the State's county areas according to population times general tax effort times the relative income factor.

The State, by law, may change the formula for allocating funds among county areas (not county governments) or among units of local government. It can use a formula based on:

-- population times the general tax effort;

-- population times the relative income factor; or
-- a combination of these two factors.

Any change in the formula must apply uniformly throughout the State and continue in force for the remainder of the five-year program. The State must notify the Secretary of the Treasury 30 days before the beginning of the entitle ment period in which the change is to take effect.
Local governments should make efforts to ensure the accuracy of the infor mation. They supply to the Bureau of the Census and other Federal agencies, which in turn supply data to the Treasury Department. The Secretary of the Treasury uses such information to plug into the formula for local dispersal of funds. Many questions have been raised as to why two apparently equal local governments receive disparative amounts in General Revenue Sharing monies. One of the reasons could well be inaccurate information being provided to the Federal government.
The Federal government will be closely monitoring the expenditure practices of local and State governments. Therefore, the success and continuation of the program will depend on the participating governments.
Those governments that reduce taxes will also reduce their amount of General Revenue Sharing money.
User-pay charges do not count toward local taxing efforts.
Local option taxes do count toward local taxing efforts.
A State sales tax increase does not count toward local taxing efforts, but a local option sales tax increase does.

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In conclusion, it must be noted that the Federal General Revenue Sharing Program is not a financial panacea for money-troubled State and local govern ments. The precariousness of the program (only for five years with no guarantee for continuance), the confusion of distributing funds from the Federal govern ment to local governments, and the problems associated with Federal control over spending programs magnify the need for State and local governments to help themselves financially. The subcommittee strongly feels that the State must look to itself in order to assist local governments.

Also, in line with the General Revenue Sharing Plan, Congress has con
sidered and will probably enact, in the near future, several special revenue sharing proposals. For example, under one idea, the Department of Housing and Urban Development programs on housing will be consolidated into one block grant (special revenue share) to those states with housing programs. Similar suggestions exist for other Federal agencies. The subcommittee recommends that the State keep abreast of these developments in order to participate more fully in programs which were once solely administered by Washington.

Federal Grants to the General Assembly
Another area of subcommittee interest was to study the feasibility of making application for a Federal grant to provide a professional research staff to the Full Committee. The subcommittee has already made an application to the Atlanta regional Office of Health, Education, and Welfare. The proposal calls for 75% Federal financing of a two-year demonstration staffing project. The Committee would be provided with a full-time, professional research staff in order to demonstrate to the General Assembly the need for a full-time staffing program for all major standing committees.
The grant application has the following goals:
A. to create a better informed legislature on matters of interest, subsequently providing for better legislation;
B. to determine the impact of staff professionals on the legislative system itself;
C. to create a better understanding and closer relationship between Federal agencies and the State legislature;
D. to provide a better liaison between the Committee and State agencies;
E. to bring about greater legislative independence by allowing the Committee to obtain its own information and conduct independent research and analysis.
Respectfully submitted, /s/ Howard Atherton
Representative, 117th District Chairman

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LOCAL ZONING AND STATE LAND USE POLICY

Conclusion

Local governments should conduct comprehensive master planning and ad minister land development regulations in relation to the master plan. The Gen eral Enabling Act should be revised to insure comprehensive planning as an on-going process and to give local governments the responsibility of comprehen sive master planning of areas of critical state concern within its political juris diction. Specific considerations in revision of the General Enabling Act for plan ning and zoning should include the following provisions: The area planning and development commissions should prepare guides and policies for regional (Multicounty) development. Local plans and projects should be reviewed by the APDCs and a policy determination made if a plan or project had "regional significance" or "area-wide impact." If so, that plan or project would be reviewed by the APDC to see if it conforms with the regional development policies. Determination of whether or not a plan has "regional significance" and review and approval of the plan would be a function of the board of the APDC. That board should be composed solely of locally elected officials representing the units of govern ment in which they are elected. State involvement in regional matters would be minimal, except for revision of Georgia Act 1066 (1970) to establish the pro cedures and APDC membership outlined above.

The legislature should designate by law the areas of the state which are of "critical state concern." These would-be areas, because of their environmental nature, developmental characteristics or potential impact on state-wide develop ment are of importance beyond their local and regional characteristics. Develop mental plans for these areas should be prepared by local governments where a critical area is in a single political jurisdiction or the APDC where the area is a number of jurisdictions. The plans should be reviewed and approved at the
state level.

Enforcement of regulations to obtain the objectives of the critical areas plan and to foster the implementation of that plan should be a local governmental responsibility.

The Subcommittee was impressed during its hearings with the particularly critical nature of the Georgia mountains. There is little local zoning or subdivi sion control by local governments in the region. Where the Georgia Marshlands Protection Act provides some state protection to coastal Georgia, there is no state protection for the mountains.

It is the intent of the Subcommittee to propose legislation that will provide a system of planning, regulation, and enforcement for all critical areas of state concern which the General Assembly may in the future designate. If such a comprehensive and unified system is not desired at this time, then the Sub committee urges that legislation restricted to the mountain areas be considered. A continuation of the creation of such single-area land control agencies as the Marshlands Protection Agency or a Georgia Mountains agency should and must be considered, but only if the General Assembly does not desire a uniform and coordinated total system for areas of state critical concern.

One of the major forces in Georgia with the ability to bring about orderly, reasonable development is State government. Through a public investment policy

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which establishes balanced growth, the State would be able to guide the location of industry and people. A capital investment program which is closely aligned with a State growth policy could affect the use of limited natural resources through such projects as highways, water and sewage projects, and government office location. A serious consideration should be given to the dispersal of popula tion by making the rural areas of Georgia more attractive to people and industry.
At present in Georgia, land use regulations direct development in little of the state's land area. In those relatively few counties and cities with zoning ordinances, problems arise over the lack of a land use plan and adhering to the plan once it is adopted. The Subcommittee's guiding philosophy is to strengthen local control over land use matters. All the recommendations are oriented toward local decision-making with the State providing needed powers, identifying critical areas and assisting in implementing controls.
During the public hearings, the Subcommittee witnessed the tremendous growth Georgia is experiencing. The unique, fragile areas of the coast and mountains are beginning to feel the pressures of development which in some cases are threatening to destroy some of Georgia's greatest natural resources. The State needs a growth policy which balances a desire for economic gain with a need for natural resources preservation and public health protection.

Recommendations
1. Require that each jurisdiction adopt and update annually a comprehen sive land use plan.
2. Require adherence to the land use plan in zoning decision-making.
3. Require APDC review of local land use plans in relation to the biennial
development plan.
4. Encourage planning and zoning boards be reflective of all elements of local population groups.
5. Adopt a statewide code of ethics for local and private citizens and public officials on planning and zoning boards.
6. Adopt strict procedures on rezoning applications. Require at least two years before parcel can be rezoned, even if included in a larger parcel.
7. Enable local units of governments to adopt the Macon-Bibb County plan ning and zoning board organization without a constitutional amendment.
8. The legislature should designate certain areas of the state to be of critical concern and provide a means of planning and directing the development of these areas. The Subcommittee recommends that the following areas be con sidered as of possible critical concern to the state.
a. Coastal--A coastal zone of influence to include that land con tained in an area inland to the 100' contour line and seaward 12 miles.
b. Mountains--The Physiographic-Cove Area which includes the Tennessee Valley Divide and contiguous high ridges known as Brasstown

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Bald, Mount Oglethorpe, and the Cahuttas. Includes steep lands and flood plains within the national forest proclamation boundary, and the contiguous lands above the 1500' elevation contour. The one exception would be the intermountain valleys which have a minimum existing land base of 640 or more contiguous acres in 16% or lesser slopes existing. All lands above the 1500' elevation contours or with slopes above 16%.

c. Rivers--A categorization of those rivers and waterways in Georgia which because of their sensitivity to development require planning and regulation. This information will be derived from consulta tion with Department of Natural Resources and other knowledgeable groups.

d. Flood Plains--Those areas contained within the 100 year flood plain. The burden of proof would be the responsibility of the developer. The reason for this is the tremendous costs and effort for local and state governments to determine and map the 100 year flood plains for the entire state.

e. Fringe Area Zoning--Counties shall plan and regulate an area at least three miles beyond the corporate limits of a municipality which has a zoning ordinance. If the counties fail to adequately provide for land use control in the designated area within two years, then the municipality shall have extra-territorial zoning authority within said
area.

f. Major Developments--

1. Section Home Development: The Georgia Land Sales Act of 1972 needs to be amended to provide for developments of less than 150 lots, for more land use regulation standards, and a greater role for the local governments and APDC's.

2. Planned Unit Development: H.B. 838 from the 1972 ses sion has been assigned to the Subcommittee for study. Attention needs to be given to the creation of a P.U.D. enabling law for local governements.

3. New Towns: The State Office of Planning and Budget needs to study the proper state's role in the development of new towns in Georgia.

g. Major Highways and Interchanges--One thousand feet either side of the existing right-of-way.

h. Airports--Those areas encompassed by the standardized ap proach, horizontal, conical and transitional zones.

i. Historical and Natural Areas--Those areas and sites designated by the Governor through the assistance of the Georgia Heritage Trust Study which are of such historic, archeological, and natural importance

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that they require protection from adverse development. This list will be presented annually to the General Assembly for ratification.

9. Other Land Use Matters

During the Subcommittee's six area public hearings around the State, testimony and information was received on land use matters not directly related to the afore-discussed items, but still of great importance to avoiding the abuse of the land. Following is a brief discussion of these subjects and the Subcom mittee's recommendations:

a. Mobile Homes: Generally, mobile home utilize more local govern mental services than they pay for in taxes. A reason for this is that mobile homes are legally defined as a means of transportation. A re definition of mobile homes as houses needs to be made in order for them to pay a fair share of taxes.

b. Codes: There are no uniform statewide building and housing codes. The State Building Administrative Board has not adopted model codes. The Subcommittee recommends the Board to act with all deliberate speed in promulgating the codes which they are mandated to do. Once adopted by the Board, the General Assembly should give serious con sideration to adopting these codes as minimum statewide standards. Also, a program of assisting local code enforcement through the APDCs is needed.

c. Automobile Junkyards: Legislation is needed to assist local governments in controlling the size and location of automobile junkyards. Also, a definition is needed for an abandoned automobile so that local governments can deal with this problem.

d. Groundwater Supply: At present, there is an existing groundwater problem in coastal Georgia. Because of unrestricted use of fresh groundwater on the coast, many areas are threatened by salt water intrusion, thus damaging the fresh, usable water in that area. Recent location of large industry in this area has caused the water table to drop considerably. The 1972 General Assembly passed a groundwater use law, but it needs strengthening.

e. State Development Plan: The State needs to adopt a compre hensive policy toward growth and land use. The State Office of Plan ning and Budget is required to establish a biennial development plan, but there is much confusion and ambiguity as to the requirements of Act 1066 (1970) and this needs to be cleared up.

f. Education of Local Citizens and Public Officials: The State needs to establish a program through the APDCs to educate local citizens and officials on the need, definition, and structure of a land use plan and regulatory system. Also, formal training classes for local zoning officers is a needed program.

g. Land Taxation System: A land classification system similar to Tennessee should be investigated. Such legislation would relieve the pressure placed upon land owners where land is assessed at potential

INTERIM COMMITTEE REPORTS

3777

rather than actual use. Land would be placed into several categories according to use and a graduating assessment scale would be applied. Another suggestion is to redefine "fair market value" to be existing use rather than potential. This matter is under the consideration of the Subcommittee on Local Governmental Finance.

h. Septic Tanks: Several counties do not have sewage systems and have to rely on septic tanks. This problem is very evident in north Georgia where a few counties have sewage systems and the land physically cannot sustain a septic tank. The tremendous second home development in the mountains necessitates stronger restriction on loca tion, construction, and certification of septic tanks. One recommenda tion would be to make it a misdemeanor to sell lots before percolation tests are made of the land. Also, the provision that a septic tank certification is not needed on lots larger than five acres should be eliminated.

i. Strip Mining: In middle and north Georgia, there exists a problem with strip mining operations. Stronger restriction on strip mining operations to include stricter regulation of land reclamation procedures should be considered.

j. New Town Policy. The State needs to adopt as part of an overall growth policy a new town policy. Such a policy would establish the desired extent of state involvement in the creation of new towns, re development of existing towns, and new towns-in-town.
k. Non-zoning Procedures: To give full consideration to all pos sible avenues of land use control and critical area protection, the Sub committee intends to study the concept of non-zoning and where it might be applicable in Georgia.
1. Impact Zoning: This is another area of land use control which warrants further study and investigation. The techniques of impact zoning are simple but unique. This form of zoning requires large amounts of specialized information but is most objective in making land-use decisions. Such zoning would be possible for any local govern ment under the proposed amended General Zoning and Planning Ena bling Act.
Respectfully submitted,
/s/ Gerald T. Horton Representative, 95th District Chairman.

Subject Matter Studied:

URBAN GROWTH

A. Minimum Police Training Standards.

B. Solid Waste.

C. Problems of Transitional Neighborhoods.

3778

JOURNAL OF THE HOUSE,

Minimum Police Training Standards

Conclusion

There is a need to provide a program in Georgia that will improve the efficiency and economy of the entire law enforcement system within the State by increasing Statewide training, establishing State grants to local law enforce ment units, and providing educational incentives based on the acquisition of college credits.

The subcommittee found the Georgia Police Officers Standards and Training Act to be deficient in the following areas:

1. The Act provides no penalty for cities or local governmental units that hire unqualified personnel.

2. There are no provisions in the Act to make it mandatory for officers exempted under the "grandfather clause" to take any training whatsoever.

3. The present 114 hours of training is inadequate.

4. There are no provisions in the Act for separate schools for in-service personnel and "rookies".

5. The Act specifies that the Council shall consist of "Directors or Presi dents" of certain organizations and does not say designee. This tends to make the Council inoperative at times due to the lack of a quorum.

6. The Act does not require the Council to meet.

7. The Act does not include sheriffs or other constitutional officers with enforcement power who hold elective office.

8. The Act provides no minimum pay scale for those men who meet the qualifications set forth in the Act.

9. Part-time (less than 40 hours) officers are exempt from the training requirements of the Act.

10. The Act is not applicable to State enforcement officers not employed by the Department of Public Safety.

11. The Act requires no training beyond the recruit level.

12. Salaries for full-time peace officers in Georgia are as low as $2,000 per year.

13. The average salary paid by law enforcement units to recruits is below $5,000 per year.

INTERIM COMMITTEE REPORTS

3779

14. The disparity of salaries makes it difficult for many law enforcement units to keep qualified personnel.

15. Many smaller law enforcement units use part-time personnel to circumvent the meaning and intent of the Act.

16. Of the 34 states which have Police Standards Councils in operation, the average length of basic training is six weeks.

17. The Goals for Georgia Study found elevation of Minimum Fitness and Training Standards for law enforcement a priority concern among Georgians.

18. There are five law enforcement units operated by less than a full-time employee.

19. There are two counties in the State with only one law enforcement unit.

20. There are 316 law enforcement units which employ four or less men representing 57.6% of the State law enforcement agencies and 9.7% of the men.

21. Only approximately 6% of Georgia's law enforcement agencies provide financial incentives to officers who attend college.

22. Local governmental units must have some outside financial assistance if the level of training and salary is to be significantly increased.

The subcommittee's basic conclusion is that the existing law is inadequate to meet the needs of the police officers in the State of Georgia, and that additional education and training should be made available to persons seeking to become police officers and to persons presently serving as police officers.

Recommendation

The Subcommittee offers the following amendments to the Georgia Peace Officers Standards and Training Act:

1. Reduce the number of members on the Peace Officers Standards and Training Council from 13 to 10 without changing the representation of various groups and organizations. This will allow an avoidance of duplication, thus overburdening the operation of the Council.

2. Include the chairman of the State Crime Commission of Georgia and the Coordinator of Criminal Justice Programs of Georgia State University as advisory members to the Council.

3. Require all certified peace officers to carry a standardized ID card.
4. The State shall provide a minimum salary and educational incentives for certified peace officers.
5. Allow sheriffs and other constitutional officers who hold elective office to be certified.

3780

JOURNAL OF THE HOUSE,

6. Increase from 114 to 240 the number of required training hours.

7. Require in-service training for all certified peace officers. Twenty hours per year or forty hours biannually is proposed.

8. Require all peace officers with arrest powers to comply with the pro visions set forth in the Act.

9. Allow personnel of other State agencies who have power of arrest to be certified at their discretion.

10. Forfeit the certification of those peace officers who remained unem ployed for longer than 90 days.

11. Any violation of the requirements of this Act shall be a misdemanor.

Costs:
A. Council Staff, Administrative and Support Costs __________________________.....____.__.._.__.__.--$ 75,000
B. ID Cards ._.__.___..__.__..__________.._._._-__________.$ 5,000 C. State Grants to Local Law
Enforcement Units __.__._..___.._._..___.._.__---__$5,065,000 D. Georgia Policy Academy Expansion ._...__.....__.____.___.$2,000,000
TOTAL: Items A - D ...............__.....__....______..______._____________... .$7,145,000

NOTE: Item (D) is a result of the recommendation and should be considered separately from the actual direct cost of items (A-C). Thus, the direct costs to the State are: ______.____...............$5,145,000

Solid Waste Management
Conclusion
The Solid Waste Management Section of the Environmental Protection Di vision has been engaged in revising their rules and regulations pursuant to the Solid Waste Management Act of 1972. The activities of the Section could be summarized as one of preparing to work under the new legislation while looking to the future needs of local government submission of solid waste management plans.
The Local Government Study Commission has proposed a technical assistance and a capital grant program to assist local governments in complying with the provisions of the Solid Waste Management Act of 1972. The Subcommittee should review these suggested efforts to insure that they fit into the long-term best interests of the State and its local governments.
Many local governments have yet to engage in providing a Solid Waste Management Program. The Subcommittee has an obligation to monitor these efforts as well as observe the efforts of the Solid Waste Management Section in encouraging local governments to comply with the new requirements.

INTERIM COMMITTEE REPORTS

3781

Recommendation

Because of the recent enactment of the Solid Waste Management Act of 1972 and subsequent implementation of the EDP, the subcommittee feels it would be premature to make any specific legislative recommendations. The subcommittee does intend to monitor the activities of EDP and local governments and continue research of this subject.

Conclusion

Problems of Transitional Neighborhoods

A special subcommittee was created within the Urban Growth Subcommittee to consider problems of local government service delivery and real estate practices in neighborhoods experiencing a change in racial character.

The problems of racially changing neighborhoods are created by the public and private sectors of our society. Attitudes create the initial situation of discrimination and actions perpetuate the vicious cycle. From a governmental standpoint, little can be done to alter attitudes, but a great deal can be accomplished by modifying the practices of unethical real estate salesmen, the blatant decline of municipal services within transitional neighborhoods, and making government more responsive to needs of local citizens.

The subcommittee feels that a basic cause of these problems is racially segregated housing patterns caused by unscrupulous real estate practices. A system needs to be established which will minimize the possibility of housing discrimination, allow for closer monitoring of housing practices to include apartment dwellers; and an avenue of greater participation into local govern ment by citizens.

Recommendation

The Subcommittee received several suggestions from various groups con cerned with a State open housing law and a stronger anti-blockbusting law. No consensus has been reached as to the appropriate system for alleviating the recognized problems of transitional neighborhoods.

The subcommittee intends to study closely those proposals which will be forthcoming in the 1973 General Assembly. These suggestions will be measured against the findings of the subcommittee and comments will be made.

Membership on the special subcommittee included:
Representative W. M. "Bill" Alexander Representative Jesse Blackshear Representative Ben Brown Representative Leon Floyd
Respectfully submitted,
/s/ Matthew W. Mulherin Representative, 78th District Chairman

INDEX

3783

INDEX TO JOURNAL

OF THE

HOUSE OF REPRESENTATIVES
REGULAR SESSION 1973
PART I--ALPHABETICAL TABULATION
(House and Senate Bills and Resolutions) PART II--NUMERICAL TABULATION
(House Bills) PART III--NUMERICAL TABULATION
(House Resolutions)
PART IV--NUMERICAL TABULATION (Senate Bills in House)
PART V--NUMERICAL TABULATION (Senate Resolutions in House)

INDEX

3785

HOUSE JOURNAL Part I

HOUSE AND SENATE BILLS AND RESOLUTIONS

ABANDONMENT

SB 237 SB 48

--Adoption; parent's failure to provide support in excess of 24 months considered abandonment and consent to adoption not required ....-.-..._.----.--...-- 1913, 1916, 2000
--Illegitimate children; proceedings ._._._-_._._ 927, 929, 1017, 2799, 3305

ABORTION HB 915 HR 251

--Criminal Code; define criminal abortion ----.1369, 1477, 2610, 2888, 3591, 3605, 3614, 3624
--Lives of the unborn; Congress urged to reinstate all legal protection. .... 1504, 2465, 2871

ACCOUNTABILITY

HB 362 HB 369

--Georgia Educational Accountability Act; enact --.---..---.---..--- ........339, 417
--Georgia Educational Accountability Act; enact ..... ...._,, ....._ .....340, 418, 2192, 2688

ACWORTH, CITY OF HB 990 --Corporate limits ........... --.1633, 1748, 2321, 2348, 3146

ADAMSON, REV. DEWEY --Prayer offered by ..-- .___.._....__---...__..__........__..........286

3786

INDEX

ADEL, CITY OF HB 406 --Congratulate _________

. ...

_________ 3654

ADMINISTRATIVE PROCEDURE ACT

HB 817 HB 533

--Department of Human Resources;

appeals and judicial review .___.__..__._.__.....

1000, 1189

--Private Employment Agencies Act;

regulations ................... .... 476, 569, 1656, 2143, 3156, 3245

ADMINISTRATIVE SERVICES, DEPARTMENT OF

HB 338 HB 341 HB 436 HB 321
HB 349 HB 435 HB 437 SB 358 HB 744 HB 471

--Commissioner's salary ______________-..----_

... - 302, 362

--Commissioner's salary fixed by

appointing authority _.__..-..-_

303, 362

--Federal surplus property program;

transfer and consolidation ......... ........ ..... .410, 482

--Fiscal Division; replace State Treasurer as

member of State Depository Board

....298, 359, 1019,

1275, 3360, 3482

--Grants to municipalities; street

maintenance and traffic control... 336, 415, 572, 666, 1389

--Office space to all State departments

and agencies; allocation ______ ... _.. . ....... 409, 482, 578

--Public authorities; transfer of State

surplus property by negotiated sale

.........410, 482

--Public debt; Georgia State Financing

and Investment Commission....... 2679, 2783, 2797, 2992, 3264

--State employees; fidelity bonds ________

854,920,2801

--Telecommunications Consolidation

Act of 1973 ...... ....

_______ 463, 559, 2196, 2589, 3372

ADMINISTRATORS (See Estates, Wills)

SB 334 SB 310 SB 311 HB 413
SB 312 SB 313
HB 15
SB 151 SB 369

--Annual returns of expenditures __. 2359, 2361, 2463, 2800, 3304 --Bond; value of the estate _________ 1914, 1917, 2001, 2467, 3385 --Bond; value of the estate ________ 1914, 1917, 2001, 2802, 3386 --Executors or Trustees; compensation _____________ 348, 425, 640,
974, 1779 --Fiduciaries; investments ____..._..___...__________ 1914, 1917, 2001 --Investments to include life insurance,
endowment and annuity contracts ....... . 1107, 1111, 1198,
2800, 3020, 3159 --Nonresident executors; requirement of
giving bond ________.__._.........__ ..__________________60, 79, 119, 649, 652 --Private sales by administrators ________ 1512, 1514, 1558, 2802 --Trust deemed executory may not
be revoked if irrevocable _______________ 2491, 2546, 2698, 2802 3050, 3378

INDEX

3787

ADMISSION FEES (See Amusements, Athletic Events, Sports Events)

HB 597 HB 703 HB 107 HB 807 HB 706

--Athletic events; regulations ..--..--_.--.----_______.____563, 637 --Athletic events; service charge ..--.690, 794, 924, 1117, 2041 --Excise tax; public amusement events _------.--._.130, 178 --Excise tax; public amusement events ......--~.----.--918, 1016 --Sunday business activities; amend
Criminal Code - .........__.._.... 690, 794, 1199, 1629, 2194, 2952

ADOPTION HB 158
SB 177
HB 157 HB 506
SB 237

--Change of name; parent's consent ..----__----.----__.--......... 167, 208, 487, 1446, 2359
--Department of Human Resources; certain financial assistance ..... 1226, 1227, 1313, 2193, 3195
--Investigation and report; amend laws ------------.----167, 208 --Juvenile Court Code; voluntary consent
of parent to adoption of child .......,.__.___.471, 565, 703, 1168 --Parent's failure to provide support in excess
of 24 months considered abandoment and consent to adoption not required .... ...1913, 1916, 2000

ADULTS HB 507

--Protective Services for Adult Act; enact _._...--------_.___471, 565

AD VALOREM TAX (See Taxation)
HR 209- 871--Corporations; common voting stock; out-of-state subsidiaries; amendment to the Constitution --1183, 1308
HB 214 --Educational tax; exempt persons 62 or older .___.----_._._____--------_...------.____..------_.__.204, 256
HB 929 --Fair market value; county property; municipal Board of Tax Assessors ___.__--........_._. 1472, 1554
HR 84- 280--Homestead exemption; amendment to the Constitution _ _._......_.___.._......----._.........__.___.......--___.._.290, 351
HR 85- 280--Homestead exemption; amendment to the Constitution ,,__.___..._--______..__----____.._----____._._------_. 290, 352
HR 86- 280- Homestead exemption; amendment to the Constitution ... .__--------____--_----_------------.290, 352
SR 30 --Homestead exemption; disabled veterans; amendment to the Constitution .___.. 1108, 1109, 1196
HR 139- 509--Homestead exemption; educational purposes; exempt aged; amendment to the Constitution ................ ._______----..----.._--------......_.__..472, 566
HR 142- 540--Homestead exemption; educational purposes; exempt aged; amendment to the Constitution __. 542, 628
SR 5 --Homestead exemption; increase; amendment to the Constitution ----_----_______----______873, 923

3788

INDEX

HR 19- 58--Homestead exemption; school tax exemptions

for certain elderly persons; amendment

to the Constitution ____.._.___.____.________.___.________________________111, 144

HR 177- 696--Intangible tax exemptions; amendment

to the Constitution ....

-

688, 793

HR 178- 697--Intangible tax exemptions; amendment

to the Constitution ...........__._...____..._..___.___________-_...___.....689, 793

HB 696 --Long-term real estate notes; exemptions ___.._..._.-_.-...688, 792

HR 254- 964--Machinery; assessment rates; amendment

to the Constitution _...._..._.....-._..._.._.___.__._._.._..._--1548, 1649

HB 1

--Minimum Foundation Program of Education; reduction of local funds ......._............_._.__._._. 58, 76, 161, 187, 2371, 2452, 2517, 2521, 2542, 2896, 3012

SB 100

--Mobile homes; assessment; amendment the Constitution _________________.._..__..__________.______..1914, 1915, 1999

HB 160

--Motor vehicle license plates; refund procedure ......................._...._ 167, 209, 430, 507, 1225

HB 967 --Motor vehicles; minimum tax imposed ....................1548, 1649

HB 711

--Motor vehicles; reciprocity with other states in assessment and collection __.._...________________._783, 857

HB 219

--Nonprofit hospitals; implement 1972 Constitutional Amendment _.. 239, 306, 799, 877, 1513

HR 22- 78--Property; separate classification; amendment to the Constitution ..,,_._...-.._..........._--__116, 147

HB 781 --Property tax levy; reduce ._____._._........___._..__.._._.,,...._...._ 912, 1012

HR 264-1012--Warehouses; exemptions; amendment to the Constitution ........._..._.._._.__.......__......_._________________1638, 1752

ADVERTISING

HB 440 HB 355

--Criminal code; amend relating to improper advertising of goods _._._._..........,,.....,,...,, 410, 483
--Purchase of instruments; banking associations ______ ____.___.. ___________ 337, 416, 572, 657, 719, 1313, 1471, 1539, 2637

AGE OF MAJORITY

HB 812

--Georgia Gift to Minors Act; clarification __________________________ .....999, 1188, 1656, 1820, 3152

AGED SB 15

--Building specifications for institutional homes ............................. 927, 928, 1017

HB 1089 HB 507

INDEX

3789

--Medicaid; disposition of overpayments received by hospitals of any person who dies intestate ..........._.__. 1741, 1886, 2323, 2878
--Protective Services for Adult Act; Department of Human Resources ___.,,.-.._-.----___471, 565

AGENCY HB 83

--Termination and revocation of an agency relation; power of attorney for incompetent persons ___._._ 124, 173, 427, 500, 1779, 1812

AGERTON, G. FRANK, JR. HR 134- 503--Compensate ._.______..,,.....___._____...___..__.... 470, 564, 2003, 2248, 3156

AGRICULTURE (See Named Subject)

SB 353

--Cooperative Marketing Act; fisheries products ....... ........ 2236, 2239, 2318, 3134, 3472

HB 1070 --Erosion and Sedimentation Act of 1973; enact .....1738, 1883

HR 337

--Farm commodities; Secretary of Agriculture urged to support prices ......._._......_.__.______,,___ 2763, 3132, 3681

HB 678

--Farm credit institutions; investment in farm loan bonds .. ._ . 627, 701, 1019, 1287, 2637

HR 236- 942--Food Costs Study Committee; create ............ 1475, 1556, 3132

SR 76

--Milk; support price for manufacturing ._._.._...._..........__.._.1391, 1392, 1479, 1894, 3252

HB 106

--Open Space Lands Assessment Act; State Agricultural Land Evaluation Board .__..,,.._____,, 130, 178
--Poultry Matters subcommittee report .-.._...__.___.__...__. .3725

HB 201

--Treated Timber Products Act of

1973; enact

. .. . 201, 253, 1313, 1579, 3008, 3100

HR 197 --Wild Hog Study Committee; create._-___..__..__.._._...-..811, 2801

AID TO DEPENDENT CHILDREN ACT

HB 918

--Illegitimate children; eligibility for assistance ___._.___._.._.__._..___-___.____._.______._____._____._1370, 1477, 2465

AILEY, CITY OF HB 687 --Corporate Limits ._..__...._.......__..._.....687, 791, 1202, 1212, 2487

3790

INDEX

AIR POLLUTION (See Pollution)

HB 1010 HB 1008

--Air Quality Control; evidence in private actions -- --------_____________ 1637, 1751, 2005, 2450
--Air Quality Control; permits ------. 1637, 1751, 2320, 2696, 3300, 3524

AIR RIGHTS SB 20

--Georgia Code of Public Transportation; amend ------------------------494, 495, 571, 2196, 3282, 3377

AIR TRAVEL
HR 64- 202--Aircraft hijacking; State Board of Pardons and Paroles; amendment to the Constitution -----.201, 254
SB 250 --Georgia Airport Licensing Act of 1973; enact ------------_------------------------.1392, 1393, 1480
HB 18 --Tax or fee on persons traveling in air commerce; prohibit ______...... 61, 79, 1661, 2091, 3008, 3473

AKINS, HONORABLE BONNELL HR 313 --Wishing speedy recovery _---------- __------.--_ ---- -2111

ALBANY, CITY OF HB 600 --Corporate limits ----

,, 554, 637, 867, 1568, 2744, 3008

ALCOHOLIC BEVERAGES (See Malt Beverages, Mixed Drinks, Taxation, Wine)

SB 381
SB 17
HB 1065 HB 110 HB 873 HB 184
HB 987 SB 260 SB 160
HB 109

--Alcoholics; ordinary's duty to deliver to emergency receiving facilities _----------... 2643, 2781, 2795
--Contraband articles; moneys paid into county treasury ----_--------__--------.1389, 1392, 1479, 2800
--Counties and municipalities; referendums _._._------1737, 1882 --Excise tax; authorization to levy --------___------....131, 178 --Excise tax; wine ----------------.1184, 1309, 1486, 1627, 3152 --License fees and excise tax; remove
certain limitations ___------------------------------197, 250 --License restrictions; State officials --------------1553, 1653 --Licenses; domestic producers --------.----------1327, 1330, 1375 --Licenses; fingerprints prerequisite
to issuance --__----____.-----------------871, 922, 924, 1154 --Malt beverages and/or wine; excise tax;
hotels & motels ---------------------------------130, 178

HB 329 HB 1110 HB 931
SB 161
HB 1116
HB 750 HB 871
HB 1068 HB 973
HB 333
HB 737
HB 237
HB 561

INDEX

3791

--Malt beverages; excise

tax ............. 300, 360, 1763, 2067, 3263, 3286

--Malt Beverages; excise tax ____._...______...___.________-______..1745, 1889

--Malt beverages; excise tax;

consumption within the household ....1473, 1555, 1763, 2492

--Malt beverages; fingerprints

prerequisite to license issuance --.---....871, 923, 924, 1156

--Mixed drinks; counties and municipalities;

referendums ................._....-.._..._...__._.-.._.........____......._..1746, 1890

--Mixed drinks; excise tax... ........_._._...____..855, 920, 1317, 1862

--Mixed drinks; excise tax ............. .......... 1183, 1308, 2008, 2697,

2853, 3519, 3568

--Mixed drinks; license authorization ............... __..___.1737, 1883

--Mixed drinks; University System

of Georgia .............. ......1550, 1650, 2323

--Unbroken packages; restrict hours for

retail sales

..__...._.... 301, 361

--Unbroken packages; sales

restrictions ........ ...... ....790, 862, 1022, 1845, 1918, 2518

--Wine products for household use;

200 gallon maximum ... .............. ....... 242, 308, 706, 989, 1486

--Wine; tax equalization, domestic and

foreign wine ....._._......_........._....._.__......_......_._......545, 630, 1022

ALCOVY JUDICIAL CIRCUIT

HB 294
HB 293 HB 295

--Court reporter; authorize

employment _._.._____..._____.._.______.____.____..294, 355, 487, 576, 3371

--Judge's salary .

. _. 293, 354, 1199, 1206

--Judge's salary .........................__......._........_. 294, 355, 1199, 1207

ALEXANDER, JOSEPH SIMMONS, SR.
HR 54- 161--Rename Piney Bluff Bridge; Altamaha River ............................... 168, 210, 428, 496, 1226

ALEXANDER, MRS. DOROTHY HR 298 --Commend ...._......_.........,,_..__.__..__..___.,,_____ .2099

ALIENS HB 951

--License to practice medicine; eligibility ..._....____._..._____..___._.__.__..___. ......1545, 1647, 2799

3792
ALIMONY HB 1084 HB 459

INDEX
--Out-of-state judgments _....._._____...____.__..__________________.__._1740, 1885 --Revision upon petition; service upon
nonresident by certified mail ____________..._-.______461, 558

ALLEN, MAYOR J. R. HR 213 --Express sympathy for passing of ___..._.______.__..........1137, 1326

ALLRIGHT PARKING OF GEORGIA, INC.

SR 119

State Properties Control Commission; lease _____ 2517, 2547, 2609, 2801, 3343, 3409

ALPHARETTA, CITY OF

HB 970 HB 912

--Corporate limits .... ______________.._..._______________......._._.___________1549, 1650 --Elected officials' salaries ....__________ 1369,1477, 2802, 2826, 3369

ALTAMAHA RIVER
HR 54- 161--Piney Bluff Bridge; rename the "Joseph Simmons Alexander, Sr. Memorial Bridge" .........._____......_._._____..168, 210, 428, 496, 1226

ALUMINUM ORE
HR 259- 983--Appropriations for commercial production; amendment to the Constitution __ ___._.._______...__.______ 1552, 1652

AMBIENT NOISE CONTROL HB 451 --Georgia Health Code; regulations _________ ....._______413, 484, 2465

AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments, Named Subject)
HR 177- 696--Ad valorem intangible tax; exemptions ___--..---_____...688, 793 HR 178- 697--Ad valorem intangible tax; exemptions __.._____._.__.._..___689, 793 HR 22- 78--Ad valorem property tax; separate
classification .....____________.....__ ____________________________...______116, 147 HR 19- 58--Ad valorem tax exemptions for school
purposes for certain elderly persons _._________._.-..._.___lll, 144

INDEX

3793

HR 139- 509--Ad valorem tax for educational purposes;

exempt aged ------------...----------------------------472, 566

HR 142- 540--Ad valorem tax for educational

purposes; exempt aged

--------542, 628

HR 84- 280--Ad valorem tax; homestead exemption .--------------290, 351

HR 85- 280--Ad valorem tax; homestead exemption ----------------290, 352

HR 86- 280--Ad valorem tax; homestead exemption .----------------290, 352

SR 5 --Ad valorem tax; homestead exemption ---------------.873, 923

SR 30 --Ad valorem tax; homestead exemption

for disabled veterans ......................-_________.____1108, 1109, 1196

HR 254- 964--Ad valorem tax; machinery ------------------------1548, 1649

SR 100 --Ad valorem tax; mobile homes ....._..............._.__.1914, 1915, 1999

HR 209- 871--Ad valorem tax; out-of-state

subsidiary corporations ----------__....------------1183, 1308

HR 264-1012--Ad valorem tax; warehouses; exemptions --------1638, 1752

HR 64- 202--Aircraft hijacking; State Board of

Pardons and Paroles ....________.__.___.____._._.____._________.___.___.201, 254

HR 259- 983--Aluminum ore; appropriations for

commercial production ----------------------.--....1552, 1652

HR 141- 536--Annual appropriations; provide for ____________________________477, 570

HR 238- 942--Apportionment; General Assembly __.____.___.___.........1475, 1557

HR 150- 597--Apportionment; General Assembly;

effective after 1980 census ----------------....--------553, 637

HR 68- 202--Armed robbery; parole prohibitions ------------------202, 254

HR 60- 191--Atlanta, City of; Ad valorem tax;

homestead exemption

.... .... --------------------.199, 251

HR 69- 215--Atlanta, City of; Ad valorem tax;

homestead exemption .... 205, 257, 1896, 1904, 3153, 3202

HR 70- 215--Atlanta, City of; Ad valorem tax;

revenue bond interest _._................._........_.___.____._..........205, 257

HR 132- 480--Atlanta, City of; Board of Education;

land leases .. .._..._.._._.____.._.__.__._.._.. ... .------------465, 561

HR 130- 480--Atlanta, City of; Housing Code;

demolition of slums ------------------.-465, 561, 2611, 2629

HR 183- 719--Atlanta, City of; lotteries --------------785, 858, 2802, 2843

HR 63- 191--Atlanta, City of; special service district taxes ----199, 252

HR 181- 719--Calhoun, City of; HAND UP, INC.; appropriations ....._ ______________... ..-785, 858, 1201, 1222, 1778

HR 331-1230--Chatham County; horse and dog racing --------2603, 2791

HR 26- 98--Citizenship immunities as a result of a crime; restoration ----------------------------______._--127, 175

SR 13 --Civil and criminal cases; jury panels--1107, 1108, 1196, 2800

HR 37- 135--Civil and noncapital criminal cases; juries --.------136, 183

HR 208- 855--Cobb County; ad valorem tax; homestead exemption .... ..._. 1008, 1195, 1317, 1336, 3370

HR 263-1012--Cobb County; planning and zoning powers ......_........ 1638, 1752, 1896, 1910, 3301, 3310

HR 147- 568--College Park, City of; ad valorem tax; homestead exemption . ........_._...... 547, 632, 1317, 1330

3794

INDEX

HR 7- 27--Compensation of innocent victims of

violent crimes .....__.._-___.________..______________.______.._63, 81, 314, 438

HR 176- 680--Corporate powers; how granted ........685, 790, 1200, 1456, 2235

HR 326-1199--Counties and cities; debts incurred

- --..2313, 2462

HR 135- 503--Counties; commissions to protect rivers

and flowing streams _______________________________________...470, 565, 704

HR 233- 930--Court of Appeals; review of orders of the

Public Service Commission .........................._._.___1473, 1554

HR 42- 135--Courts; venue of all cases ____....__........................-...........137, 183

HR 205- 832--Covington, City of; Parking Authority;

create .

.. ... 1003, 1191, 2007, 2018, 3370

HR 289-1068--Damage to private property for public purposes;

court costs and attorney's fees --------------------1737, 1883

HR 15- 58--Election date ........................................111, 143, 575, 1173, 1227

HR 25- 98--Death Penalty; cruel and unusual punishment -----.--127, 175

HR 36- 121--DeKalb County; ad valorem tax for

educational purposes ........_..............--------------------133, 180

HR 231- 921--DeKalb County; pari-mutuel betting _.._.__._._..............1370, 1478

HR 107- 376--East Point, City of; City Council;

pension benefits ................. 342, 420, 2198, 2223, 3301, 3341

HR 187- 736--Education; lease for land, buildings or facilities --189, 861

SR 93 --Educational assistance grants to qualified

students who are children of deceased

servicemen and to certain veterans ........_1572, 1753, 1653

HR 149- 596--Floyd County; Medical Examiner;

create office ............._...__________.___.._553, 637, 1201, 1217, 1778

HR 30- 98--Fulton County; ad valorem tax;

homestead exemptions ........._._..___...._....128, 176, 1896, 1901

HB 35- 121--Fulton County-City of Atlanta; ad valorem

tax for educational purposes ___._----.......---- 133, 180

HR 184- 719--Fulton County; pari-mutuel wagering and

off-track betting ___.___.__..............._. ...........786, 858, 2802, 2845

HR 91- 300--Fulton County; retired persons' benefits ----------------._...------295, 356, 2198, 2225, 3369

HR 133- 480--Fulton County; School Superintendent's appointment _--__----...-..--..--___------------._------466, 561

HR 255- 978--General Assembly; increases during term of office ___..__._....................._____.._................._.__.1551, 1651

HR 174- 670--General Assembly; meeting; time limit and adjournment .....-..-...----_.___............_..._,.______.........626, 700

SR 32

--General Assembly; membership; terms; meeting days; compensation .....__.______..........2236, 2239, 2319

HR 253- 952--General Assembly; privilege of members ....~_-________1546, 1647

HR 241- 942--General Assembly; special election to fill any vacancy ----............._..----------._,,_.__. ..-- 1476, 1557

HR 188- 719--Gordon County; Hand Up, Inc., appropriations .................__..___...___785, 858, 1201, 1219, 1778

HR 21- 58--Governor and Lieutenant Governor elected jointly -,,....--.__.._.....__-- ._______..112, 144, 1021

INDEX

3795

HR 43- 135--Governor; eligibility for succession effective 1982 ----------------------------------137, 184
HR 56- 161--Governor; succession __.___------ ----------------_----169, 210 SR 94 --Grand and traverse juries; method
of selection ___----_-___ 2542, 2778, 2792 HR 271-1049--Gwinnett County; officers' salaries ------------------1645, 1758 SR 26 --House of Representatives; four-year
terms for members ---__----------.--------1107, 1108, 1196 HR 210- 874--Houston County; license fees ---- 1184, 1309, 2007, 2031, 3370 SR 147 --Income tax; prisoners of war or persons
missing in action in Vietnam conflict .--..2643, 2778, 2793 HR 41- 135--Judges; Supreme Court, Court of Appeals,
Superior Courts; eligibility ----------________________.--137, 183 HR 66- 202--Kidnapping; State Board of Pardons
and Paroles ... ----......--------_.202, 254 HR 61- 191--Lieutenant Governor; abolish office ___________.._____199, 252, 1021 HR 32- 98--Life imprisonment for crime of murder;
parole prohibited __ _____________________________ 128, 176 HR 82- 280--Life imprisonment sentences; parole prohibitions _____ 289, 351 HR 90- 280--Life imprisonment sentences; parole prohibitions _____ 291, 352 HR 237- 942--Lobbyists; repeal provisions declaring
lobbying a crime _______________--------------------------1475, 1556
HR 31- 98--Misdemeanor cases; jury of 6 persons ----128, 176, 428, 496 HR 58- 175--Municipal employees' pension benefits --------------171, 212 HR 88- 280--Murder or rape; parole prohibitions __________._____._._.____._.290, 352 SR 112 --Oconee County; regulate pedestrian
and vehicular traffic _______------1777, 1782, 1892, 2802, 2840 HR 136- 504--Palmetto, City of; ad valorem tax;
homestead exemption ____----__.----__..------------------.471, 565 HR 89- 280--Perjury; parole prohibitions; amendment
to the Constitution .--_...___----__________________________________ 291, 352 HR 171- 642--Perry, City of; ad valorem tax;
homestead exemption _------________..620, 696, 1317, 1333, 3677 HR 240- 942--Poll tax levy .--------.--..--.-----.--..------------1476, 1557 HR 102- 332--Property classification for tax purposes --------------301, 361 SR 85 --Public debt; limitations; counties
and municipalities ________________________----_ 2679, 2783, 2796, 3135 HR 67- 202--Rape; parole prohibitions --___----__--------------------202, 254 HR 92- 300--Retirement; increase of benefits ___...._____.___.._.----------295, 356 HR 111- 430--Revenue anticipation obligations;
elections __________________________----__..___... 409, 481, 642, 745, 1669

HR 230- 909--Revenue anticipation obligations; expand purposes for issuance __--.----------------------_____1306, 1374

HR 112- 430--Revenue anticipation obligations; public parking and beach erosion protection systems ..__..__.___._._.._................-.._.________________--______ 409, 481, 2597

SR 110

--Richmond County; consolidation and merger of county and municipal governments --.2094, 2096, 2191

HR 239- 942--Salaries of State officials; increases during term of office --------_..........__.____--___________,.1475, 1557

3796

INDEX

HR 186- 734--Salaries of State officials; increases or decreases during term of office ----------------789, 861
HR 20- 58--School districts; consolidation or merger ----.112, 144, 1200 SR 25 --Senate; four-year terms for members ___..... 1108, 1108, 1196 HR 128- 430--Slum clearance; land acquisition ----------__._------_----465, 560 HR 65- 202--Sodomy; State Board of Pardons and Paroles .--__._. 201, 254 HR 8- 27--Special election __----------.------------------_..--------63, 81 HB 71- 217--Special election ..--___.---__--_------------------------206, 257 HR 207- 855--State Board of Pardons and Paroles; powers ----.1007, 1195 HR 27- 98--State Court of Claims; create --------.127, 176, 365, 435, 3150 HR 39- 135--Superior Courts; jury selection .........................136, 183, 573 HR 40- 135--Supreme Court and Court of Appeals; changes ........136, 183 SR 131 --Supreme Court; review of rate orders
of the Public Service Commission ........... 2851, 2979, 2988 SR 12 --Supreme Court's jurisdiction; Court of
Appeals Judges' election and composition --------------------..1513, 1514, 1558, 1761, 3059 HR 265-1012--Tangible property in transit; exemptions ----------1638, 1752 HR 29- 98--Tangible property tax increases; referendums ______.128, 176 HR 34- 113--Tax assessment of certain property _--------____------131, 179 HR 75- 251--Telfair County; county officers' eligibility ----_....------____...----------.245, 310, 1201, 1215 HR 83- 280--Unicameral Legislature; provide for ___--,,--_____.------..___----_ 290, 351, 1021, 1112, 1298 HR 38- 135--Unified Judicial System; create .---------------_______----_ 136, 183, 185, 220, 260, 261 SR 11 --Unified Judicial System; create--484, 495, 571, 573, 741, 872 SR 10 --Venue of all cases as provided by law _...--_----370, 374, 425

AMUSEMENTS (See Admission Fees, At-hl-etie Events, Entertainment Events, Sports Events)

HB 597 HB 807 HB 703 HB 107 HB 706

--Admission tickets; athletic events --------------------553, 637 --Admission tickets; excise tax ----_.------------------918, 1016 --Admission tickets; service charge ....690, 794, 924, 1117, 2041 --Excise tax; admission charges --_____......_.._.____....130, 178 --Sunday business activities; amend
Criminal Code _._. ---------- __ 690, 794, 1199, 1629, 2194, 2952

ANATOMICAL GIFT ACT SB 107 --Death; define ----.--------.1225, 1226, 1312, 2800, 3118, 3375

ANESTHESIA SB 309

--Nurse anesthetists; professional and educational standards .----...._ 2490, 2545, 2608, 2799, 3199

ANIMALS HB 469 HB 472 HB 1038 HB 607 HB 972 HB 444

INDEX

3797

--Confined Animal Control Act; Georgia Health Code ____._...........__.______.__.--........._.______.......414, 485, 1314
--Confined Animal Control Act; Georgia Health Code __..___._...........__.__._____........463, 559, 1314
--Dead Animal Disposal Act; Department of Transportation ....________1643, 1756, 1894, 2494, 3159, 3335
--Dead Animal Disposal Act; redefine _._________.....__________......555, 639, 1313, 1471, 1531, 3012
--Endangered Wildlife Act of 1973; enact ...._._......._..... 1549, 1650, 1658, 1871, 2595, 3374
--Georgia Animal Importation Act; enact ..._._____.___..__,..._____________._.._.411, 483, 578, 1315, 2502, 3676

ANNEXATION HB 702 --Municipalities; annexation by operation of law,....,,---690, 794

ANTENNAE HB 955

--Georgia CATV Regulatory Surveillance Act; Public Service Commission ..._____..________________1546, 1647

APARTMENTS

HB 1238 HB 434

--Apartment Ownership Act; deeds or subleases .._.........___.3472 --Complexes; electrical power requirements ..__._._____--..348, 425

APPEALS HB 947 HB 95 HB 131 SB 29
SB 300

--Civil and criminal cases; concise

statements ._._.___--.._.....----_-- 1544, 1646, 1761, 2589, 3678

--Criminal cases; State's right to

appeal ----.. .....--------.....,,.--------... 126, 175, 258, 398, 1570

--Interlocutory appeals upon petition _.......... 135, 182, 766, 1113

--Interlocutory appeals upon petition to

Supreme Court and Court

of Appeals .._.

.. .... .........1105, 1109, 1196, 1482, 3214

--Transfer of prisoners while appeals

are pending .

. ... .......... 2235, 2238, 2318

APPLING COUNTY

HB 1168

--Board of Commissioners' salaries .. ..... ............ - 1994, 2189, 2469, 2483, 3155

3798
HB 1169
HB 1167 HB 1190 HB 1170

INDEX
--Board of Education; members' salaries ........._._.....................______ 1994, 2189, 2469, 2483, 3155
--Ordinary's salary ________ 1994, 2189, 2469, 2483, 3154 --Sheriff's deputies ..........................2186, 2316, 2612, 2624, 3367 --Small Claims Court; vacancies in office
of judge _____.____..._.........._..___..._.___1994, 2189, 2612, 2620, 3365

APPORTIONMENT

HR 238- 942--General Assembly; amendment to the Constitution ___.._..----..._......_____._____-___............._______1475, 1557

HR 150- 597--General Assembly; effective after 1980 census; amendment to the Constitution ___.__._____________553, 637

SR 32

--General Assembly; amendment to the Constitution ..................._._______.___.__._______.___.2236, 2239, 2319

HB 668

--House of Representatives; Fulton County boundaries __..._ 625, 700

HR 412

--Legislative and Congressional Reapportionment Committee urged to preserve county lines of House Districts ..._._......_._.........._..................._._......_..._.._.___-.86B9

HB 667

--State Senatorial Districts; Fulton County boundaries ...._._..._..................._.....__._....625, 700

APPROPRIATIONS (See Budget, General Appropriations Act)

HR 141-536 --Annual appropriations; amendment to the Constitution ............_._.___.._._.._................._.._..........477, 570

HB 140

--General Appropriations Act; change appropriations of certain agencies for remainder of fiscal year ending June 30, 1973 ....... 138,184, 702, 825, 1781,1787, 1814, 1815, 1817, 1939, 2043

HB 141

--General Appropriations Act; fiscal year 1973-74 ... .... 138, 184, 1894, 2271, 3151, 3164, 3244, 3245, 3262, 3483, 3679

HB 1118

--Georgia Budget Act; annual appropriations

........ 1746, 1890, 2006, 2696, 3677

ARBITRATION

HB 38

--Uniform Abritration Law; establish ........ ........ ..............._..__......___.._.._._.._._....___107, 140

INDEX

3799

ARCHITECTS SR 33
HB 715

--Architectural firms doing business with the State; exempt certain contracts ......-------.872, 873, 922, 1314, 3065
--State Board; certification of architects with over 20 years' experience .....__._,_..--__....----_____________.___--784, 857

AREA PLANNING AND DEVELOPMENT COMMISSIONS

HB 467 SB 227
HB 747

--Critical Areas Act of 1973; enact ------.------..----413, 485 --Department of Community
Development; contracts ....--------------.----.1780, 1872, 1892 --Development guides;
prepare and adopt .__._________._.__._. ....______________________.854, 920, 1317

ARMED ROBBERY
HR 68-202 --Parole prohibitions; amendment to the Constitution ------.......

.----...--202, 254

ARREST IDENTIFICATION RECORDS HB 204 --Return to person if acquitted. .......... 202, 255

ASHBURN, CITY OF HB 628 --Candidates; majority of votes . .

...617,694, 863, 868, 1570

ASHMORE, DR. HENRY L. HR 148 --Commend

... ......... ........ . .................. 516, 650

ATHENS, CITY OF

HB 980 HB 791 HB 1066
HB 932 HB 792

--Board of Education;

new system .............. 1551, 1651, 1896, 1900, 3013, 3055

--Civil Service Commission............. 915, 1014, 1486, 1498, 2233

--Clarke County; centralization

of governmental facilities

and operations

.1737,1882,1468,2474,3147

--Corporate limits ......

1371,1479,1660,1669,2489,2648

--Public transportation system . 915, 1014, 1561, 1563, 2356

3800

INDEX

ATHLETIC EVENTS (See Admission Fees, Amusements, Entertainment Events, Sports Events)

HB 807 HB 597 HB 703
HB 706

--Admission tickets; excise tax ...............-....___._.. 918, 1016

--Admission tickets; regulations ____.._.......________ 553, 637

--Admission tickets;

service charge ____.._..___.._...

690, 794, 924, 1117, 2041

--Sunday business activities;

amend Criminal Code ____________690, 794, 1199, 1629, 2194, 2952

ATKINSON COUNTY

HB 1019 HB 1021

--Board of Commissioners; clerk _-.-...-..__.... .... _..----._1640, 1753, 2008, 2016, 2640
--Sheriff's automobiles_______.___.-_-.__.._ 1640, 1754, 2008, 2016, 2641

ATLANTA BALLET

HR 299

--Designate as the State Ballet Company

.................. 2100, 2491

ATLANTA, CITY OF

HB 121 --Ad valorem tax for

educational purposes; filed

with City Clerk

._.._.____._ 133, 180, 2198, 2204, 3153

HR 35-121 --Ad valorem tax for educational

purposes; amendment to

the Constitution

_......_....._._ 133, 180

HB 577 --Ad Valorem tax for educational

purposes; homestead exemption ....549, 634, 2324, 2825, 3369

HB 185 --Ad valorem tax for educational purposes --_,...___-_--__- 197, 250

HR 60-191 --Ad Valorem tax; homestead exemptions;

amendment to the Constitution ________________________ ____199, 251

HR 69-215 --Ad Valorem tax; homestead

exemption; amendment to

the Constitution

... 205, 257, 1896, 1904, 3153, 3202

SB 169 --Ad valorem tax; maximum

limitation _______________________ ........ .......... _________1571, 1573, 1653

HR 70-215 --Ad Valorem tax; revenue

bond interest; amendment

to the Constitution _______________________ ____________________ _... ____205, 257

SB 368 --Alcoholic beverages; sales

for consumption on premises

during certain hours ______

2847, 2980, 2988, 3349, 3354

SB 80 --Atlanta-Fulton County

Recreation Authority;

pension benefit credits _____________________ 2231, 2236, 2316, 3349

INDEX

3801

SB 79 --Atlanta-Fulton County Recreation

Authority; pension fund __________ 2230, 2236, 2316, 3349, 3355

HB 481 --Atlanta Housing Finance and

Development Authority Act; create ____ 466, 561, 2802, 2803

HR 132-480 --Board of Education; land leases;

amendment to the Constitution . ....___------_.__-_..._.__._-465, 561

HB 20 --Board of Education; reorganize __________________ 61, 80, 1022, 1028

HB 282 --Board of Trustees;

composition ......___.._..__ 291, 353, 3072, 3074

HR 370 --Charter; relative to Senate Bill 50 _____________________________________ 3096

HB 292 --City-County Pension Fund

Study Commission _________ ........__-____.__..293, 354

HB 910 --Corporate limits ___._._.__....___......_ 1306, 1374

HB 116 --Corporate limits; enlarge

and redefine _._...____.--___

_....___..132, 179

HB 117 --Corporate limits; enlarge

and redefine ________ _____....__.____._ 132, 179

HB 118 --Corporate limits; enlarge

and redefine ......................__._.__......___,, 132, 179

HB 119 --Corporate limits; enlarge

and redefine ....

..__.......__......._..__ 132, 180

HB 120 --Corporate limits; enlarge

and redefine ..._..._.._...._..._._____ 133, 180

HB 241 --Corporate limits; enlarge

and redefine

..___._______. 243, 309

SB 35 --Criminal Court; jury panels ______________ _________1570, 1573, 1653

HB 208 --Delinquent tax execution;

issuance after December 20 ........ 203, 255, 2198, 2218, 3154

SB 95 --Employees'pension fund;

disbursements ____________________________________________ 2485, 2543, 2606

HB 725 --Employment of personnel _____ ________________________________ 787, 859

HB 302 --Fire department;

pension benefits ________ ...... 295, 356, 3072, 3077, 3379, 3543

HB 286 --Fire department; pension eligibility..,.___________ _________ 292, 353

HB 177 --Fire Department; disability

benefits ..... ......... ........... ....... ...... 172, 213, 2198, 2215, 3153

HB 19 --Fulton and DeKalb Counties;

reincorporate _ _________________ ... .......... 61, 79, 1022, 1047

HB 522 --Fulton County; Governmental

Merger Commission; create --.._____--___...... ._________.___474, 568

HB 123 --Fulton County; pensions;

transfer of employees __________...._________..____________.....__ 133, 180

HB 1135 --Governing authority; members' salaries ________________ 1876, 1997

HR 130-480 --Housing Code; demolition of slums; amendment to the Constitution __............465, 561, 2611, 2629

HB 261 --Judges; pension benefits ........................... .........248, 312, 387

HR 183-719 --Lotteries; amendment to the Constitution ...... ____......_______. 785, 858, 2802, 2843

HB 779 --Mayor's qualifications . ......._...__ __________________________ 912, 1011

SB 261 --Mayor's qualifications .._.... ________ ..... 2485, 2545, 2607

3802

INDEX

SB 218 --Municipal Court; court

counselor _____ _..._................ ..._.._._ 3054, 3125, 3131, 3349, 3356

HB 291 --Officers and employees;

retirement benefits _........._....._._.___._._ __.._....._ 293, 354

HB 85 --Ombudsman Chapter of the Charter ......_._.125, 173, 2007, 2012

HB 122 --Pedestrian traffic between

private premises; bridges;

tunnels, etc. _______________________ 133, 180, 2198, 2206, 3013, 3201

HB 304 --Pension benefits; officers

and employees _______.___._.......____ 296, 356, 3072, 3079, 3379, 3544

HR 250 --Pension Study Commission;

relative to ._._..._.___._...... -_--1503, 3007

HB 178 --Pension system; disability benefits;

employees and teachers

.... _ 172, 213, 2198, 2199, 3154

HB 176 --Pension system; employees

and teachers .... ....._.__....__. 172, 212, 2198, 2211, 3160, 3542,

3546, 3588, 3604, 3679

HB 203 --Pension system; employees

and teachers _____ _____________ _ ........... 202, 255, 2321, 2347, 3360

HB 281 --Pensions; deferred payments .......................__..._._....__..._ 291, 353

HB 284 --Pensions; deferred payments ________._..._......_...._.............. 292, 353

HB 288 --Pensions; eligibility for benefits .......... ........_.____....._..__. 293, 354

HB 305 --Pensions; eligibility

for participation .............._..__._._____.____.__.___...._.___.___ 296, 357, 882

HB 285 --Pensions; Federal O.A.S.I. program ______________ 292, 353, 2536

HB 287 --Pensions; monthly earnings ................................... ........ 292, 354

HB 290 --Pensions; population figures ______________ ______ .... 293, 354

HB 303 --Police department; pension

benefits ___________.___._........_..._____ 296, 356, 3072, 3078, 3379, 3544

HB 175 --Police Department; disability

benefits ............... _....

171,212,611,2198,2207,3153

SB 50 --Reincorporate in Fulton

and DeKalb Counties _____ __ 2675, 2782, 2795, 3072, 3073

HB 206 --Revenue Bond Law; pledge

of payment ___________________

...____ _________________ 203, 255

HB 183 --Salary increases; prevent

change by Home Rule .......... ______ .................197,250

SB 49 --School system; create

new structure .............. .. _ 2709, 2782, 2796, 3072, 3073

HR 63-191 --Special service districts taxes;

amendment to the Constitution ......

..... ..._....._199, 252

HB 283 --Teachers'Retirement System;

transfer of funds

_______ 291, 353, 2195

ATLANTA JUDICIAL CIRCUIT

SB 53 SB 22

--Assistant District Attorneys;

retirement benefits ..____...._ ... .1106, 1109, 1197, 3349, 3351

--Deputy district attorneys; establish

position and compensation

._._.. 374, 375, 425, 705, 715

INDEX

3803

ATLANTA MASONIC CLUB NUMBER 151 HR 321 --Commend ....._.._...._...---------__....._____.--_----------.._.----2364

ATTORNEY GENERAL

SB 295

--Charitable trusts; supervision of administration ...... ........_......._ ........ 2360, 2543, 2606, 3134

ATTORNEYS HB 83
HB 860 SB 307 HB 275
SB 355 HB 749 HB 462 HB 5
HB 4 SB 367 SB 91

--Agency relations; termination

and revocation; power of

attorney for incompetent

persons .... .............................. 124, 173, 427, 500, 1779, 1812

--Bad faith; fees _..._...._.............._.........___._._......._____._______.1181, 1307

--Bad faith; fees

... . 1914, 1917, 2001, 2467, 3392

--Insurance cases; bad faith

liability for insurer for damages

and attorney's fees ................_._._...._......____.__--___._.288, 350

--Plea bargaining; provide for . ........ -2636, 2780, 2794, 2991

--Practice of law; redefine .......... ....-_.._..._. 854, 920, 1199

--State Bar Examination;

educational requirements .............._._....._............. ---.-.462, 558

--State Bar Examination;

graduates of nationally

accredited law schools - _._________.._.____...______________58, 77, 259, 668

--State Bar Examination;

students' eligibility - ........................ .... 58, 77, 81, 259, 1293

--Supreme Court; appointment of

bar examiners .......................... .2491, 2546, 2608, 2991

--Unlawful practice of law;

punishment . ....

. . . .......... 928, 930, 1018, 2800

AUCTIONS HB 112

--Jewelry; regulate sale of other articles of personal property

131, 178, 572, 761, 1512

AUDITOR, STATE

HB 933

-Part of Legislative Branch of Government 1473, 1555, 2467, 2537, 3155, 3404, 3545, 3591, 3594, 3595, 3623, 3679

AUDITS AND ACCOUNTS, DEPARTMENT OF

HB 933

--Part of Legislative Branch of Government ......1473, 1555, 2467, 2537, 3155, 3404, 3545, 3591, 3594, 3595, 3623, 3679

3804

INDEX

AUERBACH, RABBI DAVID H. Prayer offered by --..-----.._.____----_-__.__--__-_.-__.. _,,_________________782

AUGUSTA, CITY OF

HB 621
HB 1063 HB 620

--Board of Tax Assessors; salaries .__------------------_.._.----...616, 693, 1561, 1563, 3361
--City Council; election __________...... 1736, 1882, 2322, 2349, 3363 --Coliseum Authority; create ... _ 616, 692, 1561, 1562, 3361

AUGUSTA JUDICIAL CIRCUIT HB 529 fudges' salaries ____________________.,,,,..._._ __________ __476, 569, 705, 713

AUSTELL, CITY OF HB 917 --Corporate limits _______________ 1370, 1477, 2321, 2347, 3013, 3017

AUTHORITIES (See Named Subject)

HB 142 HB 709 SB 72 SB 195 HB 234 HB 755 HB 555 HB 907 SB 230
HB 437
HB 1015 HB 921 HB 521

--Central-South Georgia Medical

School Authority; create .................. _------_______------_138, 185

--Georgia Development Authority for

Housing Finance Act; enact .._--------..----783, 856

--Georgia Ports Authority;

membership .------__---- _715, 717, 795, 2196, 2967, 3014, 3376

--Hospital authorities;

define "project" .....___ ________1390, 1393, 1480, 2193, 3020

--Housing Authorities Law;

area of operation .------_.._._.___._----_.--.------------ _____ 242, 308

--Jekyll Island-State Park Authority;

by-laws; amend ......._.--_--._856, 921

--Jekyll Island-State Park

Authority; membership .--.----.__..____--______________------544, 630

--Members' eligibility to appoint

chief executive officer _______

._..._..._.___.__ 1306, 1373

--North Georgia Mountains

Authority; membership

bylaws __________________ ...... ...... ....... 2490, 2545, 2607, 2801, 3034

--Public Authorities; transfer of

State surplus property by

negotiated sale; Department

of Administrative Services __ ._ _ _

__________410, 482

--State Ports Authority Act;

membership __ ___.._..._._..__ .......... ___.__------------_1639, 1753

--State Ports Authority; Marshlands

Protection Act

______ .......... _____ 1370, 1478, 1659, 2045

--Walnutgrove-Youth Water Authority;

amend an Act creating .... ______ 474, 568, 705, 711, 1388

AUTOPSIES HB 562 HB 372

INDEX

3805

--Georgia Port Mortem Examination Act; amend .-____.-.-.-..-__._....-....-___-.....-____.__.-.....-.._545, 631, 1314
--Georgia Post Mortem Examination Act; Medical Examiners' fees ....._______....___.____...._____.___._._341, 418, 486, 675

AWARDS SB 115

--Employees' Suggestion and Awards Board; change certain provisions ____-.....__-__..__.____.___.__.__.._.___...._ 649, 650, 701, 704, 1153

B

BACON COUNTY

HB 511 HR 357 HB 513 HB 510 HB 514 HB 512

--Board of Commissioners; salaries .--__.472, 566, 705, 709, 1387 --High School Boys' Basketball Team; commend .....__...._..2861 --Ordinary; secretary ......_____-..._-..___473, 567, 1201, 1203, 1774 --Sheriff's salary __._____..____.._____._____..___..._.__472, 566, 705, 708, 1087 --Small Claims Court; create _..._.___._..473, 567, 705, 709, 1387 --Tax Commissioner; personnel ______,,_,,. 473, 566, 705, 709, 138,

BAD FAITH
HB 860 SB 307 HB 275

--Attorney's fees _._____-____--__._._____.______-_________.____________-1181, 1307 --Attorney's fees _______.__________._______.1914, 1917, 2001, 2467, 3392 --Insurance; liability of insurer for damages
and attorney's fees ,,......____..___.......___.____ .....__.___.......__.288, 350

BAGBY, HONORABLE GEORGE T.
HR 295-1152--Pataula Creek State Park; rename "George T. Bagby State Park" _________.1880, 1999, 2006, 2447, 3150, 3309

BAGLEY, LT. COL. BOBBY HR 409 --Commend .....____.._.___......-._-_-_...-.__..____........_____.__.....__-__--..........3657

BAIL HB 3

--Bond; deposit of driver's license for arrest of minor traffic violation ........ 58, 77, 121, 152, 494, 801, 873, 2127, 2360, 3108, 3376

3806
HB 174
HB 666 HB 377
SB 38
HB 913 SB 31 SB 338

INDEX
--Bond; deposit of driver's license for arrest of minor traffic violation ._...,,_,,.__........_.,,__,,____.........171, 212
--Bond; eligibility ...._.___.._._.._____.._____...._._.... 625, 699, 2194 --Bond; offenses involving narcotics .___......._._...._.342, 420, 640,
1132, 3360, 3383 --Bond; Peace Warrants and Behavior Bonds;
repeal Code Title ........... 1779, 1781, 1891, 2196, 3197, 3381 --Bond; regulate bail bond business ________.-___.__1369, 1477, 1784 --Bond; right of person refused bail
to be heard __.._______._1105, 1109, 1197, 1328, 2991, 3598, 3681 --Bond; sureties; compensation ._......_...__ 2642, 2780, 2794, 2802

BAINBRIDGE, CITY OF HB 1153 --Corporate limits __...._..._.__._......_..__.1991, 2187, 2322, 2356, 3149

BALDWIN COUNTY

SR 50 SR 63 SR 9
SR 62

--Convey certain real property ...____.1108, 1109, 1197, 1485, 2654 --Convey certain real property .______._____.___-___.1326, 1329, 1374 --Milledgeville-Baldwin County Recreation
Commission; transfer control to State Properties Control Commission ______.__._____________.370, 374, 425,
428, 504, 872 --State Properties Control Commission;
convey property ............................. ......... 1326, 1329, 1374

BALLET HR 299

--Atlanta Ballet; designate as the State Ballet Company .. .......... 2100, 2491

BANKING AND FINANCE, DEPARTMENT OF

HB 833
HB 339 HB 340
HB 1233 HB 264

--Branch banking; population data ........1003, 1191, 1313, 1471, 1533, 3011, 3099
--Commissioner's salary .............. 302, 362 --Commissioner's salary fixed by
appointing authority ___....._..__.__......._____._........_......303, 362 --Financial Institutions Code of Georgia; enact ....... 2603, 2791 --Securities Act of 1973; provide for .. ... 286, 349, 1019,
1296, 1395, 2636

BANKS AND BANKING

SB 86

--Bad checks; deceptive practices; Criminal Code .....-.._.--.__,, ....928, 930, 1018, 2800

INDEX

3807

HB 427
HB 165 HB 613 HB 353 HB 612 HB 833 HB 27
SB 18

--Bank holding companies; Comptroller of the Currency of the U. S. shall be supervisory agency _____________________ 408, 480, 1019, 1236, 2637
--Bank holding companies; stock regulations _____________ 169, 211 --Bank holding companies;
voting stock ____________._..________615, 691, 1313, 1471, 1524, 2852 --Banking Laws; expansion or extension of
existing facilities _______ _________________337, 415, 1019, 1286, 3009 --Banking Laws; merger or consolidation ______ 614, 691, 1313,
1471, 1526, 2852 --Branch banking; population data _..... 1003, 1191, 1313, 1471,
1533, 3011, 3099 --Certificates of deposit insured by Federal Deposit
Insurance Corporation; investment by local governmental units ___________ ________62, 81, 1019, 1240, 1778, 1815 --Clearing corporations; define .___________369, 374, 425, 2005, 3051

SB 301 --Director's qualifications ____________ 2043, 2096, 2191, 2798, 3049

HB 678 --Farm loan bonds; investments _______ 627, 701, 1019, 1287, 2637

SB 203

--Fiduciaries; deposits by custodians in a securities depository or clearing corporation ____ ___1107, 1111, 1198, 1506, 2005, 3054

HR 317-1189--Financial Institution Laws Study Committee; create ___________________________ 2186, 2315, 2464, 2878

HB 1233 --Financial Institutions Code of Georgia; enact __._... 2603, 2791

HB 354

--Georgia Building and Loan Commissioner; charters _______________________________________________ 337, 416, 572, 655, 1328

HB 356 HB 164

--Georgia Business Development Corporation Act; Banking and Finance Commissioner ______________ 338, 416, 572, 1151,1779
--Insurance; Banks prohibited from transacting insurance business ______ .___________ 169, 210, 365, 1471, 2516

HB 1180 --Intangible Property Tax Act; exemptions __ ___ 2184, 2314

HB 801

--Intangible Tax Equalization Fund; creation and administration ___________ 916, 1015, 2192, 2523, 2538, 3545

HB 536

--Lender Credit Card Act; method of computing finance charges __________ __________,,. _______ 477, 570

HB 925

--Lender Credit Card Act; method of computing finance charges _______________________________________ ___________1371, 1479

HB 91

--Loans; credit institutions; prohibit any discrimination _ ________________________________________ 126, 174, 2464

HB 949

--Off-premise business transactions; prohibit ________________________________ 1545, 1646, 1759, 2509, 3373

HB 352

--Powers of corporations chartered by superior courts _______ ________ 337, 415, 572, 659, 1328, 1870

HB 355

--Purchase of instruments; advertisement ___________ 337, 416, 572, 657, 719, 1313, 1471, 1539, 2637

HB 264 --Securities Act of 1973; provide for _.__.. _______ 286, 349, 1019,

1296, 1395, 2636

3808 HB 321
HB 300 HB 396 HB 68

INDEX
--State Depository Board; Fiscal Division of the Department of Administrative Services; replace State Treasurer as member ..._.._____.___.298, 359, 1019, 1275, 3360, 3482
--State Depository Board; state funds ..._.._.295, 355, 1019, 1112 --Stock; control indirectly ._____.__...,,____..___.._......_._...._..._._..345, 422 --Worthless checks or drafts;
prosecution .._._._......_-._........______......___114, 146, 428, 502, 1225

BAR HB 462 HB 5 HB 4

--State Bar Examination; educational requirements .,, --....__,,__----__._----_----___._......... 462, 558
--State Bar Examination; graduates of nationally accredited law schools ._.......___.__.__........_.______.58, 77, 259, 668
--State Bar Examination; students' eligibility .._______.._.....-______-___.______--~_.-58, 77, 81, 259, 1293

BARBER, HONORABLE MAC HR 430 --Commend _..........___.____....._.-_.__-.-....._.__.___-........________.__.._.____.3671

BARBERS HB 415 HB 1087

--Georgia State Board of Barbers; create ___.____._________.__-__________________.._..._._406, 479, 486, 772, 2490
--Workmen's Compensation Law; inapplicable ---.1741, 1885

BARNESVILLE, CITY OF

HB 1133
HB 1131 HB 1130

--Antenna Television Service System ..._._________..__........_..____......1876, 1997, 2322, 2354, 3148
--City Ward Boundaries ______________.1876, 1996, 2322, 2354, 3148 --Recorder; election qualification _..______.__.___.._..1875, 1996, 2322,
2353,3148

BARROW COUNTY

HB 934 HB 1049

--Board of Commissioners; removal from office ._...__.__-_-__-......-....1473, 1555, 1763, 1769, 2488
--Sheriff's deputies and employees ......___-.__..__..1645, 1758, 2198, 2202, 2849

BARTON, SERGEANT FARRELL HR 216 --Commend ._,,,,.,,._._,,,,_,,__._______________,,_..__ ._.......,, ..1139

INDEX

3809

BARTOW COUNTY
HR 290-1091--Convey certain State-owned real property _____.._.__________.-_____..___-_______1742, 1886, 2007, 2495, 3675

BAXLEY, CITY OF

HB 1205 HB 1224

Corporate limits .._____-......_.__........____._____..._.____..-_.-___.2459, 2604 Corporate limits __._......_.._......___.____....2602, 2790, 2993, 3001, 3674

BEER (See Alcoholic Beverages, Malt Beverages, Taxation)

HB 931
HB 1110 HB 109 HB 329
SB 161

--Excise tax; consumption within the

household

. _ _ _ ...____.______1473, 1555,1763,2492

--Excise tax; counties and municipalities --_...-_--. 1745, 1889

--Excise tax; hotels & motels ........___.____...____........____..._...130, 178

--Excise tax; municipalities ......_._.___..._.___.300, 360, 1763, 2067,

3263, 3286

--Licenses; fingerprints prerequisite

to insurance ....._._.__..._..........__.._....._.._.........._871, 923, 924, 1156

BEN HILL COUNTY

HB 99

--Court of Ordinary; motor vehicle traffic cases .____.____.___-_.________-________.__-.________.__129, 177, 366, 368, 715

BENNETT, REV. GEORGE --Prayer offered by ....._______...._-..___.....--.___......__-_.._...-__......._.___.163

BENNETT, J. R. HR 144-568 --Compensate ______,,. ....__......______...-_...._..___._....-.____......___.547, 632

BERLIN, HONORABLE ROBERT A. --Communication from ______...._.__._...___.._.._.._..._____...___.....1302

BERRIEN COUNTY

SB 392
SB 390 SB 391

--Board of Commissioners' salaries _______ 2847, 2980, 2989, 3135, 3136, 3376
--Sheriff's salary _______________..2847, 2980, 2989, 3135, 3135, 3379 --Tax Commissioner's salary .____...2847, 2980, 2989, 3135, 3142

3810

INDEX

BETWEEN, TOWN OF HB 1185 --Reincorporate ..----------.--..----2185, 2315, 2612, 2623, 3366

BIBB COUNTY

HB 578

--Water and Sewerage Authority Act; membership ---------- -----...549, 634, 1201, 1204, 1775

BICENTENNIAL CELEBRATION

HB 926

--Georgia Commission for the National Bicentennial Celebration; create ---------- 1471, 1553, 2004, 2264, 3011

BICYCLES HB 899 HB 870
HB 244

--Bicycle Safety Act; enact --1304, 1372, 1657, 2513, 3301, 3384 --Georgia Scenic Trails Act;
bicycle trails _.....----.------------.1183, 1308, 1483, 1613, 3010 --Traffic; Uniform Rules of the Road - 244, 309, 427, 655, 2195

BINGO GAMES SB 279 --Amend Criminal Code ____....._._.1513, 1515, 1559, 2004, 3022

BINNS, HONORABLE JESSE DAVIS HR 190 --Express sympathy for passing of --------------.----------804

BIRTH CERTIFICATES

HB 179

--Copies forwarded to mother's county of residence __.._--------.,,_------------- _.____...172, 213, 1656

BLACKSHEAR, CITY OF HB 690 --Election dates .---------...----._--687, 792, 1202, 1213, 1777

BLANKS, HONORABLE WILLIAM F. HR 94 --State Election Board; election as member ------------276

INDEX

3811

BLASTING OPERATIONS

HB 853

--Georgia Safety Fire Commissioner; rules and regulations ___._._..._.._._............._-._._.__.............___.____...1007, 1195

BLECKLEY COUNTY

HB 1158

--Tax Commissioner; clerks' salaries _____________________.............._____1992, 2188, 2469, 2481, 3154

BLIND HB 604 HB 622
HB 507

--Georgia White Cane Act; enact ................555, 638, 2193, 2496 --Income tax exemptions for transportation
to and from work .._._._.....--_.._...._..__..........._ 616, 693 --Protective Services for Adult Act; Department
of Human Resources ....,,..,,,,.,,--._---,,-__._______,,____,,_....471, 565

BLOOD HB 399 HB 247

--Blood alcohol chemical tests; admissibility as evidence .....__.._..^_.__.____._.___..-..-..__.___.________.__.345, 423, 641
--Chemical blood tests; amend Uniform Act Regulating Traffic on Highways .....-...._.-.-.._-.._.._.244, 310, 427, 1609

BLUE LAW HB 324 HB 974 HB 706
HB 608
HB 181
HB 149

--Amend and repeal certain laws __.._..__.._______..._.......299, 359

--Common Day of Rest Act of 1973; enact ................1550, 1650

--Criminal Code; exceptions ___________._____________690, 794, 1199, 1629,

2194, 2952

--Limit business activities on both

Saturday and Sunday __,,._____-___-______-__.__--_.____--..556, 639

--Sunday Business Activities Act;

repeal ................._..__........._...196, 250, 2004, 2525, 2645, 2921

--Sunday Business Activities Act;

repeal

. _^_ _.___..._._.......___.___.165, 207

BLUE RIDGE, CITY OF SB 420 --Ad valorem tax rate _______.._____-__.._._-..._...........3244, 3335, 3348

BLUE RIDGE JUDICIAL CIRCUIT

HB 976

--Assistant District Attorney's salary _.____.____,,____--_____-___-.-_~___.1550, 1651, 1659, 1766, 3151

3812

INDEX

BOARD OF EDUCATION HB 96 --Rezoning; review of applications by local boards .--127, 175

BOARD OF HEALTH

HB 51

--Fluoridation in incorporated communities ___,,-----___...---_109, 142, 162, 223, 799, 961

BOARD OF HUMAN RESOURCES

HB 51 HB 684 HB 360 HB 268

--Fluoridation in incorporated communities ___.._____.__- 109, 142, 162, 223, 799, 961
--Identification cards; issuance to residents of Georgia ...___._____.-_....._-._______....686 ( 791
--Local Health and Rehabilitative Services Act of 1973; enact .---_.........__-338, 417, 1020, 1471, 1925
--Natural Resources Act of 1973; provide for _.__....... 287, 349, 641, 749, 1391

BOARD OF REGENTS

HB 137 HB 973

--Executive Reorganization Act of 1972; exempt from provisions ____________137, 148, 184, 235, 1327
--University System of Georgia; sale of mixed drinks -.._..-__-._...._.~_-_____..._-_____1550, 1650, 2323

BOARDS, STATE (See State Boards)

HB 92 HB 113 HB 41

--Dental Examiners, Board of; compensation ____.-..._-________126, 174, 702, 1291, 3009, 3027
--Georgia Contractors Licensing Board; create ..._...--__..__.._...._...._.._._......131, 178, 703, 976
--Georgia State Board of Nursing Homes; education programs for administrators ______ 107, 140, 486, 1264, 2042

BOATS HB 332

--Georgia Boating Safety Act; enact ______,,__-___301, 360, 1658, 2049, 2850, 2900

BOGGS ACADEMY HR 420 --Commend .._.._..._...._._....._._._____-________________3664

INDEX

3813

BOILERS AND PRESSURE VESSELS

HB 543

--Safe construction and installation .___--_____.------_------_542, 628, 923, 1269, 3011

BOND, DR. HORACE MANN HR 173 --Express sympathy for passing of ___----,,__________,,_,,____610

BONDS
HB 3 --Bail; deposit of driver's license for arrest of minor traffic violation ________.___58, 77, 121, 152, 494, 801, 873 2127, 2360, 3108, 3376
HB 174 --Bail; deposit of driver's license for arrest of minor traffic violation _..._..._....._______--_----_.171, 212
HB 666 --Bail; eligibility ----.------------------------------.625, 699, 2194 HB 377 --Bail; offenses involving narcotics __.._._____.342, 420, 640, 1132,
3360, 3383 SB 38 --Bail; Peace Warrants and Behavior Bonds;
repeal Code Title _________.1779, 1781, 1891, 2196, 3197, 3381 HB 913 --Bail; regulate bail bond business.--~--_-___1369, 1477, 1784 SB 31 --Bail; right of person refused bail to
be heard _________1105, 1109, 1197, 1328, 2991, 3598, 3681 SB 338 --Bail; sureties; compensation --------2642, 2780, 2794, 2802 HB 588 --Contractors doing business with counties
and municipalities; performance and payment bonds ____------___-____,,____----------------------551, 635 HB 509 --Contractors doing business with counties; performance and payment bonds --_----____...._...__..472, 566 SB 38 --Peace Warrants and Behavior Bonds; repeal Code Title _.----------------1779, 1781, 1891, 2196, 3197, 3381 HR 111-430 --Revenue anticipation obligations; elections; amendment to the Constitution ___.___.409, 481, 642, 745, 1669 HR 230-909 --Revenue anticipation obligations; expand purposes; amendment to the Constitution ____1306, 1374 HR 112-430 --Revenue anticipation obligations; public parking and beach erosion protection systems; amendment to the Constitution --.409, 481, 2597 HB 808 --Revenue Bond Law; solid waste - ..918, 1016, 2004, 2449, 3373

BONE, REV. BOB L. --Prayer offered by _____----______------------------.-------104

BOONE, HONORABLE JACK HR 221 --Express sympathy for passing of __----_--._--------------1142

3814

INDEX

BOSTICK, HONORABLE HENRY

HR 341

--Commend ----.--------------------..-.... ............ .._.........- 2766 --Communication from .--------...--_...-__....-...._.....-..--3687, 3688

BOWDON, CITY OF HB 1222 --Reincorporate --.--,,-----,.--.2601, 2790, 2993, 3000, 3674

BRANCH BANKING HB 1233 --Financial Institutions Code of Georgia; enact ----2603, 2791

BRANTLEY, HONORABLE HINES L. --Communication from .------------...-..-..--------------3682, 3683

BRIDGES
HB 447 --Municipalities; authority to erect, all public ways -- 412, 484 HR 54-161 --Piney Bluff Bridge; rename the Joseph Simmons
Alexander, Sr. Memorial Bridge ....................168, 210, 428, 496, 1226
HR 87-280 --W. A. (At) Nail Bridge; Tattnall County; designate __..__------------.__.__..._..--290, 352, 428, 966, 1778

BRINSON, REV. FRANK L.

--Prayer offered by -- ._._.-- - ....

684

BROKERS HB 83
HB 576

--Agency relations; termination and revocation; power of attorney for incompetent persons __..-----,,-----------.124, 173, 427, 500, 1779, 1812
--Real estate; revise laws ..----------549, 633, 2194, 2563, 3152

BROOKS, REV. EDDIE D. HR 280 --Express sympathy for passing of --.-----... ----1686

BRYAN COUNTY HB 1191 --Deputy sheriffs ..-------.......2187, 2316, 2612, 2624, 3519, 3520

INDEX

3815

BUCK, HONORABLE THOMAS B., Ill HR 294 --Congratulate --.--..._.--.-.___..___.___....._._......__._...1786

BUDGET (See Appropriations, General Appropriations Act)
HR 141-536 --Annual appropriations; amendment to the Constitution ___........... ......_......__...._...._._._........477, 570
HB 140 --General Appropriations Act; change appropriations of certain agencies for remainder of fiscal year ending June 30, 1973 _......__.......138, 184, 702, 825, 1781 1787, 1814, 1815, 1817, 1939, 2043
HB 141 --General Appropriations Act; fiscal year 1973-74 ___--_-..-___.__.138, 184, 1894, 2271, 3151, 3164, 3244, 3245, 3262, 3483, 3679
HB 1118 --Georgia Budget Act; annual appropriations ____________________..___1746, 1890, 2006, 2696, 3677
HB 439 --Office of Planning and Budget; minimumstandards for counties and municipalities ,,----....410, 482, 1317, 1619, 1674, 2946
BUFORD, CITY OF
HB 1237 --Commission; members' election ..-,,,,,,.-.. . 2789, 2988, 3349, 3355

BUILDING ADMINISTRATIVE BOARD, STATE

HB 670 HB 1119 HB 840 HB 429

--Assignment; Department of Human Resources .--....... 626, 700

--Definitions

____..._____.____-....1747, 1890

--State Codes; Jurisdiction ____._.__.____._.._..1003, 1193, 2196, 2593

--State Office of Housing Section; supervisor's

duties .,,-..,,. .............__._....._.__.._408, 481, 1763

BUILDING AND LOAN ACT

HB 354
HB 1180 HB 949

--Georgia Building and Loan Commissioner; charters ........ ___..-. 337, 416, 572, 655, 1328
--Intangible Property Tax Act; exemptions ........___.__2184, 2314 --Off-premise business transactions;
prohibit .._..............._....._.______......-.1545, 1646, 1759, 2509, 3373

BUILDING AUTHORITY ACT, GEORGIA
HB 1057 --Bonding capacity .........._......_...,.-_...-..-_-_...............-..--...1735, 1881 HR 140-535 --General Assembly; parking spaces for
members .............._......_...-.....477, 570, 1560, 1698, 2638, 3280

3816 BUILDINGS
HB 434 SB 19 SB 59 SB 15 HB 700

INDEX
--Apartment complexes; electrical power requirements ---------------------------- ________________ 348, 425
--Georgia Health Care Facility Fire Safety Act; enact ----------_------------1327, 1329, 1374, 2193
--Georgia High-Rise Building Safety Act; enact ------_----_----------------------_ 928, 299, 1018, 2611
--Georgia Safety Fire Commissioner; specifications ----______------------------------.. 927, 928, 1017
--Public buildings; handicapped persons; elevators ----------------------------__689, 793, 923, 1169, 3151

BULLOCH COUNTY

HR 24

--Southeast Bulloch High School Football Team; commend -------- ---------------------------- _._.... 118

BUREAU OF STATE PLANNING AND COMMUNITY AFFAIRS

HB 256

--Department of Community Development; functions transferred ----...----_--..247, 311, 315, 394, 3371

BURKE COUNTY

HB 956
HB 765
HB 519 HB 1129 HB 957 HB 215

--Board of Commissioners' salaries ----------1546, 1648, 2198, 2200, 3145
--Hospital Authority; membership .--------_.---- _---- 909, 1009, 1376, 1380, 2038
--Sheriff's salary ----_.----....._..__.----.474, 567, 1318, 1319, 2036 --Small Claims Court; create ........... 1875, 1996, 2322, 2353, 3148 --State Court; terms ..._....,,_------... 1547, 1648, 2198, 2201, 3145 --Superior Court; terms ----...._------...205, 257, 429, 430, 3155

BURT, HONORABLE ADDISON M. HR 332 --Commend ....---------------._..------ ........----......---- .......2660

BUSBEE, HONORABLE GEORGE D.

HR 109

--Commend _._.......__------ .................................... 325 --Majority Leader; certification ------------------------..--56

BUSES, SCHOOL

HB 232

--Minimum Foundation Program of Education; transportation costs ------------------.___---------- 241, 307

HR 283 HR 224

INDEX

3817

--Motor Vehicles required to stop; enforcement of the law ..._.........-_..____._._...._......___.__._...........__.1689, 2362
--School bus safety program; commend ______________......___..1144

BUSINESS HB 571
HB 356
HB 974 HB 608 HB 149 HB 181 HB 324 HB 706

--Business Corporation Code; Corporate charters for stock and mutual insurers _____________ 548, 632, 703, 1158, 1778, 1972
--Business Development Corporation Act; Banking and Finance Commissioner; articles of incorporation _________-_._____.___...____________338, 416, 572, 1151, 1779
--Common Day of Rest Act of 1973; enact _____,,_____.. 1550, 1650 --Limit business activities on both Saturday and
Sunday ..______._____________.._........_.........._......_.._.........._...556, 639 --Sunday Business Activities Act; repeal _________________165, 207 --Sunday Business Activities Act; repeal _______.____196, 250, 2004,
2525, 2645, 2921 --Sunday business activities; amend and repeal
certain laws ____________.,,____._,,,,_ __^ 299, 359 --Sunday business activities; amend
Criminal Code .___.___.___.,,.,,_.._. 690, 794, 1199, 1629, 2194, 2952

BUTTS COUNTY

HB 744
HB 772 SR 64 HB 773 HB 771

--Board of Commissioners; Chairman's election ________911, 1011, 1376, 1383
--Commissioners' salaries _______________.______.._-_.911, 1010, 1376, 1382 --Convey certain property .__ 1326, 1329, 1374, 2801, 3019, 3159 --Deputy Sheriffs' salaries _._.___......... 911, 1010, 1376, 1382, 3013 --Tax Commissioner's salary _________ 910, 1010, 1485, 1487, 2232

BYINGTON, REV. WILLIAM W. --Prayer offered by

,,___,,,,_________________________________________.____._ 2456

c

CABLE TELEVISION

HB 955

--Georgia CATV Regulatory Surveillance Act; Public Service Commission __ ____________________________..____1546, 1647

CAIRO, CITY OF

HR 408 HR 407

--Cairo "Syrupmaids"; commend ...._._.,,_.,,..-_..._..._________._____.. 3656

--Cairo "Syrupmakers"; commend

.._,,__,,_,,._,, 3655

3818

INDEX

CALDWELL, HONORABLE HORACE G. HR 158 --Commend .--...,,..-

- ..580

CALHOUN, CITY OP
HR 181-719 --HAND UP, INC., appropriations; amendment to the Constitution __..__......._....... 785, 858, 1201, 1222, 1778

CALHOUN COUNTY HB 66 --Tax Commissioner's salary ....................113, 145, 488, 489, 925

CAMDEN COUNTY HB 601 --Tax Commissioner's personnel ..............554, 637, 863, 867, 1569

CAMILLA, CITY OP

HB 538 HB 537

--City Court; salaries ..............................478, 570, 705, 714, 1388 --Corporate limits .............._.....__.._........_..477, 570, 705, 714, 1774

CAMP, BRIGADIER GENERAL CHARLIE P.

HR 260 --Honor

._..___.__._ .............

1575

CAMPBELL, MRS. BILLY W. HR 50-161 --Compensate ............................................168, 209, 2002, 2241, 3158

CANDLER COUNTY

HB 423 HB 422

--Board of Commissioners; salaries---.-407, 480, 705, 707, 1385

--Sheriff's salary -

---407, 480, 705, 706, 1385

CANNON, REV. CLARENCE L. --Prayer offered by --------.--.___..,,--------__._...___._____.___.___.852

CAPITAL PUNISHMENT (See Courts)
HR 25-98 --Cruel and unusual punishment; amendment to the Constitution ........._...............__......__...._........

127, 175

HB 28
HB 12 HR 44

INDEX

3819

--Felony cases; sentence review of cases where death penalty imposed ------------------------------.....76, 116
--Imposition; provide for ...........60, 78, 148, 328, 487, 594, 1327 --Imposition; urge Congress to propose amendment
to the U. S. Constitution --------...--------------149, 428

CARMICHAEL, HONORABLE JAMES V. SR 38 --Express sympathy for passing of .-.__...__.___........._____..__.370, 457

CARROLLCOUNTY

HB 1082
HB 457 SB 63

--Ad valorem tax; homestead exemption for the aged ....-...--...........-.-.-1740, 1885, 2199, 2204, 2850
--Coroner's salary _.------ -................461, 557, 643, 644, 1386 --State Court; Solicitor's salary------716, 717, 795, 2803, 2830

CARTER, JUNE HR 316 --Invite to address the House ------------------.----------2250

CARTER, LUCILLE HALL HR 138-509 --Compensate ._._____........._._,,...---.-.-472, 566, 2002, 2241, 3157

CASH, JOHNNY HR 316 --Invite to address the House ......----...------ __----..2250

CATCH-OUT PONDS
--Subcommittee report on House Bills 1402 and 1403 (1972 Session) ._---------...___...... .---..-..............3694

GATES, REV. OTIS MITCHELL HR 169 --Commend .---------..----------------------------589

CATOOSA COUNTY

HB 876 HB 906

--Commissioner's personnel --. ....1185, 1308, 1762, 1768, 2634 --Development Authority; implement
Constitutional Amendment --.1305, 1373, 1660, 1668, 2634

3820
HB 878
HB 880 HB 875 HB 877

INDEX
--Hospitalization insurance for employees ____--~_._._____.___.1185, 1310, 1762, 1769, 2633, 2709
--Sheriff's deputies ________________1185, 1310, 2198, 2220, 3014, 3161 --Superior Court Clerk's salary --.1184, 1308, 1762, 1768, 2634 --Tax Commissioner's personnel -- 1185, 1310, 1762, 1768, 2634

CATTLE HB 994

--Exemption of property from taxation ........___.-._......_........_._._...1634, 1749, 2324, 2557, 3374

CEDARTOWN-ATLANTA FREIGHT LINES, INC.

HR 377-1238--Compensate _.,,._....,,.._,,..---...-. ..........3472

HE 378-1238--Compensate __..._..... .

..-3472

CEDARTOWN, CITY OF

HR 196 HR 113

--Cedartown High School Future Business Leaders

of America; commend _________._.--_--_--_..._____.-----------..--.809

--Fire Department; commend _._-.,,--.

370

CENTERVILLE, CITY OF HB 1111 --Corporate limits ._-___...._......___.....1745, 1889, 2322, 2351, 3147

CENTRAL PRESBYTERIAN CHURCH OF ATLANTA

HR 188 --Congratulate ,,--,,...,,.

754

CENTRAL-SOUTH GEORGIA MEDICAL SCHOOL AUTHORITY HB 142 --Create _____.---. .._..._....... .........._....... 138, 185

CERTIFICATE OF NEED

HB 504

--Hospitals, nursing homes and related health care institutions ....,,..___.._._.. 471, 565, 1481, 2592, 2718, 2856

CERTIFICATE OF TITLE

HB 407

--Motor Vehicle Certificate of Title Act; increase fee for filing ._...__....... ..__._...__._____________.._.._..___._._.347, 424, 1657

INDEX

CHANDLER, HONORABLE PHILIP M.

HR 307 --Honor ..... . .

.. . .___,, ..------

3821 ......... 2106

CHAPLAINS, PRAYER OFFERED BY (See Named Chaplain)
--Robertson, Rev. Vernard E. ------.----...--_--._.----..--5, 75 --Bone, Rev. Bob L. --____.--_......_.__..--.___..--___.....--.._......--...104 --Durden, Rev. H. Kelmer ..------ ...... ... .... .123 --Bennett, Rev. George _.----.------------.._...----..........163 --Myers, Dr. T. Cecil ... ... ----.-- _------_...----.------ 194 --Smith, Elder Guy E. ..--.....__.----- ..--....._............. .238 --Adamson, Rev. Dewey .---- ...----....------.----....--------286 --Huych, Rev. Albert W., Jr. _----..--._.--..--......----------335 --Richmond, Major Tom .._.....----.__._____.----_--_----....------404 --Pirtle, Dr. Jon A. ------.-- -- --...-- --------..------ 460 --Sparks, Rev. Donald J. .--------.----..._..------....--------__.541 --Winn, Rev. William Douglas ,,......_--.....----_--....--------- 614 --Brinson, Rev. Frank L. ...--_._..----_...--...------.._.........----684 --Auerbach, Rabbi David H. _......---- ..... --._._........782 --Cannon, Rev. Clarence L. --.___--__________----_._----___--_,,___ 852 --Clements, Rev. John M. ._..__...__..__......____--------------_.....--___"907 --Cobble, Rev. J. Howard _....._--.._...__....----...._.....--.....___...__... 998 --Warnock, Rev. Earl E. .....-- ...-------------------- 1180 --Shepherd, Rev. H. F. .._..._._........___...--__----__.----.___-___.- -1303 --Jefferson, Rev. Hugh M. ..___----_--------____.--__..----_--__.__.. 1367 --Hulsey, Rev. George S. ------._.....__....._...----------_____--1470 --Kerr, Rev. Robert A. ._------.--..._.------ __..------__.....1642 --Merrion, Rev. Lucios _......_....._._......--...__......--,,..--_.....___......._1631 --Dyal, Rev. Earnest ,,....--........,,...-.__._...._-..-_...._.-..----.1732 --Horton, Rev. John E., Jr. _--__.--___.__------__----___--______1873 --Gerald, Rev. Inman ------_.----_________--_----____--------1989 --Glover, Rev. Fred --__-----._---_-_._.-----______........2181 --Toles, Honorable E. B.------..--...--.._-..--_..._._...--.... 2309 --Byington, Rev. William W. __------.--___.--_._-__--...2456 --Griner, Rev. Virlon H. _--_--------.--_----____--__------2598 --Lowery, Rev. J.E. --._------___--..........--...._......__....._._...--....2786 --Clark, Rev. Theodore ..__._....._....--._.--__._----_.__--_____----.2985 --Flournoy, Rev. William W. __..--..------___--.__.--...__._.......3128 --Gilstrap, Rev. L. G. -....._...__...__............-...--__--.----____3346

CHARITABLE TRUSTS

SB 295

--Attorney General; supervision of administration ......._------_._,,________.__..2360, 2543, 2606, 3134

CHARLTON COUNTY HB 741 --Ordinary's Clerk; salary ..................853, 919, 1659, 1661, 2487

3822 CHARTERS
HB 571
HB 645

INDEX
--Corporate charters for stock and mutual insurers; Georgia Business Corporation Code ............_.-........_-__.-.-.__.B48, 632, 703, 1158, 1778, 1972
--Municipalities; minimum standards; inapplicable in certain counties (population of over 1,000) .__-........____.-.....__....._.___...621, 696, 798, 943, 1693

CHATHAM COUNTY

SB 409 --Board of Elections;

create ..._........._.....__-_...2678, 2784, 2797, 2993, 3006, 3379

HB 414 --Commissioners and ex officio judges,, 406, 479, 573, 577, 1385

HB 729 --Commissioners and ex officio judges;

salaries __..._-.........-_._._.........__.........._..788, 860, 1318, 1324

HB 785 --Commissioners; composition ________ 913, 1013, 1485, 1488, 2232

HR 319 --Grand Jury urged to make investigation relative

to reevaluation of property ____,,__.________-._.______.__.__.________.._ 2363

HR 331-1230--Horse and dog racing; amendment to the

Constitution ....-_.._...,,_,,_.,,._._...__-._.....___.........___.._.. 2603, 2791

HB 936 --Sheriff's salary ,, ... ________^ ....

1474, 1555

HB 937 --Superior Court Clerk's salary ___.___.____._____.______________._1474, 1555

HB 1202 --Tax Commissioner's salary .__...._.,,,,

.2313, 2463

CHATTAHOOCHEE COUNTY

HB 242 HB 243

--Board of Commissioners; clerk's salary __._____.___________.______..__._________._____243, 309, 488, 491, 926
--Tax Commissioner's salary--------- 244, 309, 488, 492, 926

CHATTAHOOCHEE JUDICIAL CIRCUIT HB 657 --District Attorney's salary.--.-----....-------..-- 623, 698

CHATTOOGA COUNTY

HB 639 HB 636
HB 635 HB 633
HB 638

--Commissioner's salary ______.___.______._.620, 695, 1022, 1026, 1775 --Deputy sheriffs and jailer;
salaries _..._.-..........___........._-.....__.619, 695, 1022, 1025, 1775 --Ordinary's salary .-___._._--......-........_619, 695, 863, 870, 1570 --Superior Court Clerk; deputy's
salary _____.____________-__________._______._______.619, 694, 863, 869, 1775 --Tax Commissioner; deputy's
salary .___._.......-.-_..........._-.....__.....619, 695, 1022, 1025, 1775

CHECKS SB 86 HB 68

INDEX

3823

--Criminal Code; bad checks; deceptive practices ------------____----...--------928, 930, 1018, 2800
--Worthless checks or drafts; prosecution ..........................._._...._.......114, 146, 428, 502, 1225

CHEMICAL TESTS

HB 399

--Blood alcohol tests; admissibility as evidence ........--._---------____._.--------------345, 423, 641

CHEROKEE COUNTY

HB 814 HR 343 HB 889
HB 813

--Board of Education; membership..999, 1188, 1486, 1493, 2233 --High School athletic program; commend-----_-----------2768 --Officials' deputies and clerical
assistants ------__-..------------_ 1187, 1311, 1660, 1666, 2489 --Water Authority Act; bonds.----..999, 1188, 1486, 1492, 2233

CHEROKEE JUDICIAL CIRCUIT

HB 1219 HB 1220

--Court Reporter's salary........----...2601, 2789, 2993, 2999, 3673 --Office of Investigator----..__.----.2601, 2789, 2993, 3000, 3673

CHICKAMAUGA, CITY OF HB 572 --Corporate limits _----.----------------648, 633, 1022, 1024, 1774

CHILD ABUSE

HB 375 SB 176

--School system employees; reports concerning cruel treatment _--__.----__ _._._...341, 419, 1020, 1248, 2041
--School system employees; reports concerning cruel treatment ----------._------------------__ 1225, 1227, 1312

CHILD SUPPORT RECOVERY ACT SB 173 --Enact ------------__------------------1670, 1671, 1758, 2193, 3063

CHILD WELFARE AGENCIES

HB 508

--Department of Human Resources; injunctive relief ------------------------....472, 565, 703, 1339, 3380, 3480

3824

INDEX

CHILDREN AND YOUTH ACT

SB 177
HB 508 HB 553

--Adoption; financial assistance by the Department of Human Resources in certain cases ----_--------.--------------1226, 1227, 1313, 2193, 3195
--Child welfare agencies; Department of Human Resources--------------472, 565, 703, 1339, 3380, 3480
--Juvenile Courts; penalty provisions relating to certain youthful offenders --------------544, 629, 721, 1656, 2166, 3380, 3572

CHIROPRACTORS

HB 699 HB 858
HB 147
HR 227

--Educational requirements for license.------. --.689, 793, 1655

--Georgia Public Assistance Act; provide for

coverage .----_----------------.-------- ...

1008, 1196

--Insurance Code; accident and sickness

insurance coverage --____----------__------...165, 207, 214, 2004

--Insurance companies urged to offer full

coverage --------------------._._..

1148, 2004, 2869

CHURCHHILL DOWNS GARDEN CLUB HR 304 --Commend ----------...______,,.----_.-.----_----.......---- 2104

CIGARETTES (See Taxation) HB 328 --Excise tax; increase -- . --.-- .

--.--.300, 360

V
CITIZENSHIP
HR 26-98 --Immunities as a result of conviction of a crime; amendment to the Constitution ,,__------._------__......127, 175

CITY CENTER, INC.

SR 119

--State Properties Control Commission; lease .----...----.---------- 2517, 2547, 2609, 2801, 3343, 3409

CIVIL DEFENSE

HB 258 HB 385

--Employees; Joint Municipal Employees' Retirement System ___. _ 247, 312, 1484, 1720, 3151
--Georgia Civil Defense Act; redefine policy and purpose ... ---------- 343, 421, 796, 1340, 2041

HB 257 HB 603

INDEX

3825

--Immunity to persons furnishing shelter... 247, 312, 1483, 1717 --Interstate Civil Defense and Disaster Compact
Act; enact ___......._._...______.._..._....__.__....554, 638, 796, 1340, 2041

CIVIL PRACTICE ACT

SB 46 SB 29

--Dismissal of suits pending for a period of three years..-- --------_.------------_. 369, 375, 426
--Interlocutory appeals upon petition; Supreme Court and Court of Appeals . 1105, 1109, 1196, 1482, 3214

CLAIMS ADVISORY BOARD

HB 644

--House of Representatives; introduction of resolutions .__... ........... ........ .............621, 696, 1316, 1450

CLARK, REV. THEODORE --Prayer offered by ._..____._..._....._..._._._._.._._..... ...................... 2985

CLARKE COUNTY

HB 1066 SB 341

--Athens, City of; centralization of governmental facilities and operations ------.1737, 1882, 2468, 2474, 3147
--Board of Commissioners; create new Board-------.---.--2036, 2097, 2192, 3135, 3138, 3378

CLARKESVILLE, CITY OF

HB 746 SB 413

--Close a portion of Hoyt Circle ..................854, 920, 1375, 1377 --Repeal and replace charter ._...----_------.._. --3054, 3126, 3132

CLAYTON COUNTY

HB 1071 HB 77 HB 824

--Ad Valorem taxation for educational purposes; exemptions ........................1738, 1883, 2322, 2349, 3013, 3093
--Board of Commissioners; comptroller-administrative assistant......... ...--._._._...........115, 147, 366, 367, 1226, 1254
--Superior Court Administrator; create office..... .................. ................... ........1001, 1190, 1486, 1493

CLAYTON JUDICIAL CIRCUIT

HB 823 HB 345

--Court Reporters; employ 3 additional ....._........._______....1001, 1190, 1486, 1493, 2850, 2895
--Judges; salary supplements....-..---........ 303, 363, 487, 577

3826

INDEX

CLEMENTS, REV. JOHN M. --Prayer offered by __----..._------------___---------- .._._.__..... 907

CLERKS, SUPERIOR COURT (See Courts)

HB 199 HB 482 HB 318
HB 70
HB 530 HB 323
HB 591

--Civil cases; fees ....------_____------____..._--.... 200, 253, 1199 --Maps and surveys; filing and indexing._----------.____ 466, 561 --Minimum salaries _------_.___ 298, 358, 574, 677, 719, 1316, 1471
1535, 2894, 2914 --Newspapers; preservation of
advertisements.--------------------------....114, 146, 259, 322 --Office hours ....-.-.._-_-_-_----------------------------476, 569 --Retirement benefits; armed forces
credit--.--------------....------ .--------... ---299, 359, 2639 --Traffic violations; submission of certain data... ....... 552, 636

CLINCH COUNTY

HB 1022 HB 1055

--Ordinary's salary _.............._.._._.___ 1640, 1754, 2008, 2017, 2641 --Sheriff's deputies ._..___._.......__... ....1735, 1880, 2199, 2203, 2849

CLOSED MEETINGS HB 200 --Boards of education; exempt --------.---- 201, 253, 2196, 2977

COASTAL ZONES

HB 556
HB 467 HB 921

--Coastal Marshlands Protection Committee;

create ----....---- ------.-------- 544, 630, 1021, 1356, 2638

--Critical Areas Act of 1973; enact

413, 485

--Marshlands Protection Act; convey certain

property; State Ports Authority..--1370, 1478, 1659, 2045

COBB COUNTY
HR 208-855 --Ad valorem tax; homestead exemption; disabled; amendment to the Constitution ...1008,1195,1317,1336, 3370
HB 575 --Ad Valorem tax; homestead exemption; educational purposes....----_.._._.___.549, 633, 1661, 1765, 2485
HB 1197 --Board of Commissioners; real estate interests ....--------.....------------2312, 2462, 2612, 2626, 3367
HB 861 --Board of Commissioners; real estate interests..--...1181, 1307 HB 677 --Board of Commissioners; recall
provisions------------------.----.....627, 701, 1202, 1211, 1776 HB 900 --Board of Commissioners; zoning
actions----....................----------1304, 1372, 2198, 2200, 3145

INDEX

3827

HB 890 --Juvenile Court; judge's salary--1187, 1311, 2007, 2012, 3145 HR 103-332 --Land survey by Secretary of State......301, 361, 642, 968, 1571 HB 1227 --Planning and zoning powers.-- 2602, 2790, 2994, 3002, 3674 HR 263-1012--Planning and zoning powers; amendment to the
Constitution-------------1638, 1752, 1896, 1910, 3301, 3310 HB 1029 --Revenue Tax Act to Legalize and Control Alcoholic
Beverages and Liquors; allocation of funds received .....------.._..----------...--------....1641, 1755 HB 477 --State Court; additional judge ._-------------------464, 559 HB 989 --State Court; assistant solicitors.... 1633, 1748, 1896, 1900, 2640 HB 795 --State Court; Court Reporters--- 915, 1014, 1486, 1490, 2634 HB 1196 --State Court; judges' salaries---2312, 2462, 2612, 2625, 3367 SB 187 --State Court; office of magistrate......--------925, 929, 1019 HR 152-604 --State Properties Control Commission; lease certain property to City of Marietta---------------------555, 638, 1484, 1696, 2851 HB 1206 --Taxation Study Committee; create _..-.._.------------------2459, 2604, 2803, 2827, 3673 HR 252 --Telephone Directory; relative to --------------------1505

COBB JUDICIAL CIRCUIT
HB 794 --Court Reporters -----------915, 1014, 1486, 1490, 2633, 3104 HR 76-251 --State Librarian to furnish certain
law books ........... --------__.. ............246, 311, 704, 1262, 3677

COBBLE, REV. J. HOWARD --Prayer offered by _..._______.____________._..-_______-_________,,_____._.___._.___..--998

COCHRAN, CITY OF HB 1159 --Mayor and Alderman; election- 1992, 2188, 2469, 2481, 3154

CODE OF TRANSPORTATION

HB 348 SB 140

--Georgia Code of Public Transportation; establish new laws --___.__.._-------- _ .._._.__..___.336, 414, 572
--Georgia Code of Public Transportation; establish new laws...... ...... ....... 871, 874, 922, 1315, 3127, 3273, 3377

COFFEE COUNTY
HR 318-1197--Convey certain State-owned real property----..------.----------2312, 2462, 2468, 2653, 3370

3828

INDEX

COLLEGE PARK, CITY OF

HR 147-568 --Ad Valorem tax; homestead exemption; amendment

to the Constitution.---------------------- 547, 632, 1317, 1330

HB 103 --Charter; provide new charter...... _--

. 129, 177

HB 223 --Charter; provide new charter........ ........240, 306

HB 672 --Corporate limits -----............. 626, 700

HB 673 --Corporate limits ------.----,,. ._..---- .... 626, 701

HB 674 --Corporate limits -_-_----------------------------627, 701

HB 675 --Corporate limits ----.---------- ..--... , 627, 701

HB 676 --Mayor and Councilmen;

qualifications.----.------_-__.-----____627, 701, 2802, 2825, 3369

COLQUITT COUNTY HB 1127 --Officers' salaries------.-_------1875, 1996, 2612, 2619, 3364

COLUMBIA COUNTY

HB 527
HB 528 HB 526

--Board of Commissioners; Chairman's salary ..-------------.... ....475, 569, 705, 713, 1389
--Small Claims Court; create-------476, 569, 705, 713, 1389 --Superior Court Clerk; Sheriff;
salaries-------------------_----------475, 568, 705, 712, 1389

COLUMBIA HIGH SCHOOL HR 305 --Wrestling Team; commend------------------------ --.. 2105

COLUMBUS, CITY OF

HB 454
HB 1014 HR 220 HR 116 HB 722 HB 623 HB 721 HB 387

--Columbus Airport Commission; powers

and duties ..__._.------------------------460, 557, 643, 643, 1386

--Demolition of certain dwellings------------------.1639, 1752

--Employees; commend

...... .............. ...1142

--Fire Department; commend------___---------------------- 373

. --Municipal Court; deputy marshal....786, 859, 1318, 1323, 2038

--Municipal Court; Law Library------617, 693, 863, 868, 1569

--Sale of a certain tract of land------786, 859, 1318, 1323, 2037

--Urban Services District taxes; homestead

exemption _----_------------------.344, 421, 488, 493, 926, 3279

COMMERCE HR 288

--Ports; preference prohibitions ...................... ..............1693

INDEX

3829

COMMERCE, CITY OF

HB 1002 HR 361

--Councilmen-at-large; election--------1636, 1750, 2008, 2640 --High School Football Team; commend_. _ 2864

COMMISSIONS (See Named Commission)
HR 127-480 --Constitution Revision Commission; create ..........465, 560, 1485 HB 86 --Consumer Affairs Advisory Commission; create ----125, 173 HB 926 --Georgia Commission for the National Bicentennial
Celebration; create-----------1471, 1553, 2004, 2264, 3011 HB 907 --Members' eligibility to appoint chief executive
officer ....____.___.__.....___________._.._-__-...-..___.._______________1306, 1373 HB 643 --State Literature Commission; create ---------------------621, 696

COMMITTEE REPORTS, INTERIM (See Named Committee)
--Fish and fishing; House Bills 1402 and 1443 (1972 Session) subcommittee report .._.._......_...._._..----....3694
--Highway Safety Subcommittee _._.___._._........._._.....................3699 --Joint Georgia Jail Standards Study Committee----------3713 --Justices of the Peace Study Committee--......................... 3718 --No-fault Insurance Study Committee------- _________________.3721 --Penal Institutions of the State Subcommittee _..__.._____________3724 --Poultry Matters Subcommittee ..........___.__..._................... 3725 --Property Control Subcommittee of the State
Institutions & Property Committee report----.......... 3728 --Recreational Facilities Subcommittee and Special
Senate Committee on State Parks ....................................3730 --Security Guard Qualifications Committee report- --3745 --State of Republic Committee report ... ...... ... .. ....3756 --State Planning and Community Affairs Committee ----3758

COMMITTEES (See Named Committee)

HR 334 --Children's Lead Poisoning Study

Committee; create ................... -------------- ....................2760

HR 364 --Corridor Loop Study Committee; create........................_._.2867

HR 380 --Educational Benefits for Veterans Study

Committee; create .................. ............_..........__._..... 3636

HR 335 --Energy Crisis Study Committee; create--- .. . ......... 2761

HR 282 --Environmental Education Study Committee;

create ........... . . ..... .. ............. 1688, 2006

HR 317-1189--Financial Institution Laws Study Committee;

create

.......... .......... 2186, 2315, 2464, 2878

HR 236-942 --Food Costs Study Committee; create............. 1475, 1556, 3132

HR 368 --Georgia Warm Springs Foundation Study

Committee; create

.. ...--. -

..... -----3094

3830

INDEX

HR 99 --Illegal Use of Dangerous Drugs in High Schools and Elementary Schools Study Committee; create ___..._. 278
HR 172-648 --Metropolitan Atlanta Rapid Transit Overview Committee; create -.622, 697, 798, 950,1669, 1694
HR 291-1110--Metropolitan Atlanta Rapid Transit Authority Overview Committee; expenditures----_----___.____1745, 1889, 1895, 2261, 3375, 3405
HR 293-1118--Minimum Foundation Program of Education Study Committee; create.,1747, 1890, 2003, 2508, 3375, 3475
SR 46 --Pattern Jury Instructions Study Committee; create ------.--------.------ -_____________1391, 1392, 1479, 1761
HR 287 --Petroleum Products Safety Study Committee; create --------------__----------_---------1692
SR 118 --Sales Tax Study Committee; create-._.._._...._ 2638, 2778, 2792 HR 272 --Tourism Study Committee; create.------______________________ 1679 HR 124 --Vending Machine Study Committee; create........._...._._....._.. 448 HR 285 --Vital Areas Study Committee; create.---- ___________ 1690, 2006 HR 197 --Wild Hog Study Committee; create ________________ 811, 2801

COMMITTEES, STANDING
--Appointment changes ------------------_--------_----.92, 121 --Appointment of _------------_--------------..............................._36

COMMUNICATIONS

--Fortson, Honorable Ben W., Jr. --------------5, 64, 279, 1459,

1983, 3688, 3689

--Keyton, Honorable James W. ----------,,,,...------.3687, 3688

--Bostick, Honorable Henry ----------------------

3687, 3688

--Maddox, Lieutenant Governor Lester ------------1731, 2983,

3682, 3685, 3687

--Smith, Honorable George L. II --1731, 2983, 3682, 3685, 3687

--Edwards, Honorable Frank H. ..------.2982, 3681, 3684, 3686

--Horton, Honorable Gerald T. --

... 3685, 3685

--Starr, Senator Terrell __------------------------------ 3685, 3685

--Jones, Honorable Herbert, Jr. --------------------3682, 3683

--Brantley, Honorable Hines L. _________________________________ 3682, 3683

--McDuffie, Senator E. M. ------------..... _______ 2983, 2984

--Eldridge, Senator Frank ------------------..---- . 2983, 2984

--Berlin, Honorable Robert A. ________________________________ __-__.-_--.1302

--Carter, Governor Jimmy _----,,____--------------50, 85, 155

COMMUNICATIONS; TELECOMMUNICATIONS

HB 471

--Telecommunications Consolidation Act of 1973; Department of Administrative Services ----------463, 559, 2196, 2589, 3372

INDEX

3831

COMMUNITY AFFAIRS

HB 256 HB 1000

--Bureau of State Planning and Community Affairs; Department of Community Development; functions transferred -------------247, 311, 315, 394, 3371
--Vital Areas Council; create ----1635, 1750, 1763, 2534, 3374

COMMUNITY ANTENNA TELEVISION

HB 955

--Georgia CATV Regulatory Surveillance Act; Public Service Commission _------,,---------------- 1546, 1647

COMMUNITY DEVELOPMENT

SB 227 HB 256
HB 430 HB 909

--Department of; Area planning and development commissions; contracts .--------------------1780, 1782, 1892
--Department of; Bureau of State Planning and Community Affairs; functions transferred --------247, 311, 315, 394, 3371
--Department of; State Office of Housing Section; create ----------_______ 408, 481,1763, 2551, 2646, 3941
--Southern Growth Policies Agreement; Local Governments Advisory Committee ------ -- ------1306, 1374, 2005, 2499, 3676

COMMUNITY REHABILITATION CENTERS

HB 753 HB 754

--Georgia Youthful Offender Act; amend ------855, 921, 1656, 1818, 2853
--Juvenile Court Code; amend ...._._.._. 856, 921, 1656, 1857, 2852

COMPENSATION (See Named Person)

HR 134-503 --Agerton, G. Frank, Jr. --------------470, 564, 2003, 2248, 3156

HR 144-568 --Bennett, J. R. .------------------------------------------_547, 632

HR 50-161 --Campbell, Mrs. Billy W. --------------168, 209, 2002, 2241, 3158

HR 138-509 --Carter, Lucille Hall __.................._.. ....472, 566, 2002, 2241, 3157

HR 377-1238--Cedartown-Atlanta Freight Lines, Inc. _........_......_. .........3472

HR 378-1238--Cedartown-Atlanta Freight Lines, Inc. ............................3472

HR 51-161 --Cowart, Mrs. Nancy Nix _...__.._._..._._........._.___._______________.168, 209

HR 79-262 --Cowell, William P. ._.......__..........__.._. 248, 313, 2002, 2245, 3157

HR 18-58 --Crumbley, Mrs. Marie ....................111, 144, 2002, 2243, 3158

HR 153-604 --Curtis Youngblood Ford, Inc. and

Mrs. Linda Lanier ------------555, 638, 2003, 2249, 3156

HR 53-161 --Davis, Mrs. Era S. ............._..........__..._..._......_._.._........... 168, 210

HR 81-262 --Dodgen, Geraldine .. ......... ...... 249, 313, 2003, 2246, 3157

HR 72-217 --Ellett, Bruce G. ....... ... .

206,258,2002,2245,3158

3832

INDEX

HR 143-568 --Federal Bureau of Investigation ..............._.._........_..B47, 632,

2003, 2248,3157

HR 315-1180--Harris, Cecil ......._.__..._.___..__......______..._.__..___._.._.______________.2184, 2314

HR 106-376 --Hester, Eugene ...__.__.____.________________.342, 420, 2003, 2247, 3157

HR 17-58 --Keener Hoyt ..._.__...._______.__..____.__________.lll, 143, 2002, 2240, 3158

HR 266-1013--Lacher, Mrs. Hilda C. ..._..__..__...-1553, 1654, 2002, 2250, 3157

HR 62-191 --LaCroy, Hoyt Jackson _________..__......_. 191, 252, 2002, 2244, 3158

HR 182-719 --Leonard, D. Michael __-...........-_.__-___._----_.__.___.__-_______.__.785, 858

HR 137-504 --Long, Doyal H. _..___.._._____.____._____.__...471, 565, 2003, 2248, 3157

HR 206-839 --McCrae, Mrs. Hazel _____________._.__.1004, 1192, 2003, 2250, 3156

HR 156-610 --Meeks, Mrs. Carrie K. ..............__.___-556, 639, 2002, 2242, 3156

HR 49-161 --Mobile Home Industries, Incorporated,

Tallahassee, Florida __________________.168, 209, 2002, 2244, 3158

HR 261-1012--Peeples, Richard and Ruth H. __...._ 1553, 1654, 2002, 2243, 3157

HR 16-58 --Pendley, Stephen E. ._

Ill, 143, 2002, 2240, 3158

HR 146-568 --Perkins, Marvin L. ______..........._..______.547, 632, 2003, 2249, 3157

HR 78-262 --Powell, Sara A. L.

_. _ 248, 313, 2003, 2245, 3158

HR 100-332 --Pruitt, Larry Wayne ________________.301, 360, 2003, 2246, 3158

HR 52-161 --Raulerson, Eugene L. & Jiffy Food

Stores of Georgia, Inc. __....._...._______.______..-.........___.__. 168, 209

HR 80-262 --Redding, Eugene _._._.. 249, 313, 2003, 2246, 3156

HR 28-98 --Rutledge Chevrolet Company _______ 128, 176, 2003, 2243, 3158

HR 108-387 --Sessions Company, Incorporated,

Enterprise, Alabama _______.._____-__-.344, 421, 2990, 3055, 3675

HR 105-376 --Smith, E. Mitchell

____-_,,,, 342, 419, 2002, 2247, 3157

HR 131-480 --Smith, Martin Sterling

__

_ ._ 465, 561

HR 129-480 --Southern Bell Telephone & Telegraph Company,

Waynesboro, Georgia ___............-._.465 ( 560, 2003, 2247, 3157

HR 48-161 --Stanbury, James E. _______..__.______-__-____._____.__________._______-167, 209

HR 203-804 --Thombley, Newell N. ________________._-917, 1016, 2003, 2249, 3156

HR 33-113 --Tucker, James ____.___________________________131, 179, 2002, 2244, 3156

HR 101-332 --Whitworth, George Joe ,,__.,,.-,,...,,--.... 301, 360

HR 155-610 --Williams, E. W. ___,,_.. _,,._.,,,, 556, 639, 2002, 2242, 3156

HR 10-27 --Williams, Melvyn R. ,,._,,,,___,,.......,,--,, 76, 116

HR 145-568 --Wood, Mrs. Lillian Turner _........___...._.........____.._._..........___547, 632

COMPENSATION OF STATE OFFICIALS

HB 310 HB 309 SB 15 SB 108 HB 311 HB 338
HB 341
HB 339

--Annual salary and allowance _______...___________-____-_----297, 357 --Annual salary and allowance ______________.__._________.._.___--296, 357 --Annual salary and allowance ___........._..___-......1772, 1781, 1891 --Annual salary and allowance ........1108, 1111, 1199, 1200, 1364 --Annual salary and allowance .._..,,.__,,..__....___-___-_------- 297, 357 --Department of Administrative Services;
Commissioner's salary _,,--_------_._....._.___.._....----302, 362 --Department of Administrative Services;
Commissioner's salary fixed by appointing authority _________----_---______------__-------- 303, 362 --Department of Banking and Finance; Commissioner's salary .........____._.--......__-.__...-......-.. ...302, 362

INDEX

3833

HB 340 --Department of Banking and Finance; Commissioner's salary fixed by appointing authority _________________.______________________.____________.303, 362
HB 335 --Department of Transportation; Director's salary _______________________________________ .__.__________._...302, 361
HB 979 --Fiscal notes evaluating bills changing salary or allowance ----.--...--_________..........___..1495, 1558, 1762
HB 32 --General Assembly; annual salary and allowance ........______________.__.___.___________.106, 139, 1484, 1576
SB 136 --General Assembly; annual salary and allowance .___........____.___..___..____. 870, 874, 922, 2466, 3389
HB 343 --General Assembly; annual salary and allowance ____-_._.___....________.____._.__.__________________________303, 362
HR 255-978 --General Assembly; increases during term of office; amendment to the Constitution -------.1551, 1651
HR 239-942 --Increases during term of office; amendment to the Constitution ____.___.___._._. .-----1475, 1557
HR 186-734 --Increases or decreases during term of office; amendment to the Constitution _______________.__._789, 861
HB 786 --Introduction of bills in the General Assembly affecting salaries ________________._____.-___._______.914, 1013
HB 312 --Judges, justices, district attorneys; annual salary and allowance ___.-_._____________.._-..-.._.___ 297, 357
HB 313 --Lieutenant Governor; General Assembly; annual salary and allowance --........,,________------.,,_,, 297, 357
HB 342 --State Board of Corrections; Director's salary ........... 303, 362 HB 336 --Supervisor of Purchases; annual salary
and allowance ............._.._._.___......_............ 302, 361, 1658, 2702

COMPULSORY SCHOOL ATTENDANCE HB 479 --Kindergartens; regulations ......................_...._....._.464, 560, 1199
CONCEALED WEAPONS HB 458 --Change description _..........._._..__......................_..._._..._..._..461, 557

CONDEMNATION PROCEEDINGS

HB 9 HB 8

--Hearings before special master; continuances

for members of General Assembly ........59, 78, 120, 154, 649

--Special master; compensation

_ 59, 78, 121, 154, 262

CONGRESS: MEMORIALIZE
HR 232-930 --Capital gains treatment of timber; Congress urged to preserve __..___.______..1472, 1554, 1661, 2497

3834 SR 153 HE 44
HR 284 HR 251 HR 365 HR 363 HR 288 HR 23

INDEX

--Capital gains treatment of timber; Congress urged to preserve _________________________2708, 2783, 2796

--Capital punishment; imposition; urge Congress to propose amendment to the U. S. Constitution ___._____._.___________.....__.___________________..._..149, 428

--Eastern Wilderness Omnibus Bills; endorse passage _____.._______-____.___._____-_.___________1689, 2320, 2872

--Lives of the unborn; Congress urged to reinstate all legal protection __

1504, 2465, 2871

--National Crime Commission; Congress urged to create ____.._-_____._______.___-_______-______-____-___-._.2868, 3150

--National Direct (Defense) Study Loan Program; urge continuance _________.___._....-.._.--_.--..__.__-2866

--Ports; preference prohibitions _______._.._..___________...__._____._______1693

--Presidential election; designate as national holiday ______.____._.-_.___..__..__.________.__...___117, 1021, 1678

CONSERVATION

HR 112-430 --Beach erosion protection systems; revenue anticipation obligations; amendment to the Constitution _________________________..__..___________.__._409, 481, 2597

HB 892 --Conservation rangers; appointment ______ _.._______ 1187, 1312

HB 799

--Conservation rangers; Department of Natural Resources ___.___.._....._._______ 916, 1015, 1315, 1860, 3373

HB 1070 --Erosion and Sedimentation Act of 1973; enact __._.___1738, 1883

HB 268

--Natural Resources Act of 1973; provide for _...___.___.___.__.__._..._.___.___.....287, 349, 641, 749, 1391

HB 815

--Soil and water conservation districts; Advisory Committee _______ 999, 1189, 1483, 1824, 3008, 3063

HB 1000 --Vital Areas Council; create _._:1635, 1750, 1763, 2534, 3374

CONSTITUTION, STATE

HR 127-480 --Constitution Revision Commission; create .____________-_________..._________._______________________.____.__.465, 560, 1485

HR 15-58 --Constitutional amendments; date of election; amendment to the Constitution . Ill, 143, 575, 1173, 1227

HR 71-217 --Constitutional amendments; special election .._________...._206, 257

HR 8-27 --Constitution amendments; special election;

amendment to the Constitution _

..__..________.._ 63, 81

HB 359

--Constitutional Convention; provide for .....___._ ___,,_... ...... __.____338, 416, 575, 1176

HR 429

--Legislative Counsel instructed to draft

proposal for revision _

.____________.._._______.__3670

INDEX

3835

CONSTITUTION, UNITED STATES HR 44 --Death sentence; imposition; urge

HR 77-251 --Equal Rights Amendment; ratify ...._.......___.._ .._ 246, 311

CONST!'TUTIONAL AMENDMENTS (See Amendments to the Constitution, Named Subject)

HR

.....688, 793

HR

____689, 793

HR 19-58 --Ad valorem tax exemptions for school

purposes for certain elderly persons

.....111, 144

HR 139-509 --Ad valorem tax for educational

.. ..472, 566

HR 142-540 --Ad valorem tax for educational purposes;

exempt aged _..._._.._..____.

..542, 628

HR 84-280 --Ad valorem tax; homestead exemption __________________ 290, 351

HR

.... 290, 352

HR

290, 352

SR

873, 923

SR 30 --Ad valorem tax; homestead exemption

for disabled veterans

....... ............ 1108, 1109, 1196

HR

1548, 1649

SR 100 --Ad valorem tax; mobile homes

_____ 1914, 1915, 1999

HR 209-871 --Ad valorem tax; out-of-state subsidiary

corporations ...... ... .

.......

...... 1183, 1308

HR

.-116, 147

HR 264-1012--Ad valorem tax; warehouses; exemptions _ _ ....... 1638, 1752

HR 64-202 --Aircraft hijacking; State Board of

201, 254

HR 259-983 --Aluminum ore; appropriations for

commercial production

1552, 1652

HR 141-536 --Annual appropriations; provide for

....477, 570

HR 238-942 --Apportionment; General Assembly

1475, 1557

HR 150-597 --Apportionment of General Assembly; effective

after 1980 census

553, 637

HR 68-202 --Armed robbery; parole prohibitions

202, 254

HR 60-191 --Atlanta, City of; Ad valorem tax;

homestead exemption

199, 251

HR 69-215 --Atlanta, City of; Ad valorem tax;

homestead exemption 205, 257, 1896, 1904, 3153, 3202

HR 70-215 --Atlanta, City of; Ad valorem tax;

revenue bond interest

........

205, 257

HR 132-480 --Atlanta, City of; Board of Education; land leases _ 465, 561

HR 130-480 --Atlanta, City of; Housing Code;

demolition of slums

_ 465, 561, 2611, 2629

HR 183-719 --Atlanta, City of; lotteries

__ 785, 858, 2802, 2843

HR 63-191 --Atlanta, City of; special service districts taxes . 199, 252

HR 181-719 --Calhoun, City of; HAND UP, INC.,

appropriations

785, 858, 1201, 1222, 1778

3836

INDEX

HR 331-1230--Chatham County; horse and dog racing _..........._.. 2603, 2791 HR 26-98 --Citizenship immunities as a result of conviction
of a crime; restoration .,,.__,,_-......_.___..,,......._.._.__.._..__ 127, 175 SR 13 --Civil and criminal cases;
jury panels ..._.-._.._....._.......-.........__-1107, 1108, 1196, 2800 HR 37-135 --Civil and noncapital criminal cases; juries ,,_,,--_______.136, 183 HR 208-855 --Cobb County; ad valorem tax;
homestead exemption ____.__..______. 1008, 1195, 1317, 1336, 3370 HR 263-1012--Cobb County; planning and
zoning powers ___.___.....__ 1638, 1752, 1896, 1910, 3301, 3310 HR 147-568 --College Park, City of; ad valorem tax;
homestead exemption _...-._.__.-....-..__-......547, 632, 1317, 1330 HR 7-27 --Compensation of innocent victims of
violent crimes -.,,_--,,-.---,,--- .-63, 81, 314, 438 HR 8-27 --Constitutional amendments; special election ..._.____......_63, 81 HR 71-217 --Constitutional amendments; special election ._--.....__. 206, 257 HR 176-680 --Corporate powers, how granted ..__.. 685, 790, 1200, 1456, 2235 HR 326-1199--Counties and cities; debts incurred _______..,,._______,,__.,,_. 2313, 2462 HR 135-503 --Counties; commissions to protect rivers
and flowing streams __..__._-......____._-.....___.............470, 565, 704 HR 233-930 --Court of Appeals; review of orders of the
Public Service Commission ..__.......,,__._._________---...-1473, 1554 HR 42-135 --Courts; venue of all cases ,,_.....-,,.-.......___._......_.._--....._ 137, 183 HR 205-832 --Covington, City of; Parking
Authority; create ___..._...._.....,,. 1003, 1191, 2007, 2018, 3370 HR 289-1068--Damages to private property for public purposes;
court costs and attorney's fees ___.....___..............__._.1737, 1883 HR 25-98 --Death penalty; cruel and unusual punishment _________.127, 175 HR 36-121 --DeKalb County; ad valorem tax for
educational purposes _--__--_----,,__---_----__-_...--,,--__ 133, 180 HR 231-921 --DeKalb County; pari-mutuel betting ......_.._.........__.1370, 1478 HR 107-376 --East Point, City of; City Council;
pension benefits __.___________.342, 420, 2198, 2223, 3301, 3341 HR 187-736 --Education; leases for land, buildings
or facilities _______.,,__-__._-______.__.__.-_._,,______.______.____._-___.___.789, 861 SR 93 --Educational assistance grants to qualified
students who are children of deceased servicemen and to certain veterans .__--._..1572, 1573, 1653 HR 15-58 --Election date _._......___i..._............._.__.._.lll, 143, 575, 1173, 1227 HR 149-596 --Floyd County; Medical Examiner; create office __--___.____~.____._.__-__.553, 637, 1201, 1217, 1778 HR 30-98 --Fulton County; ad valorem tax; homestead exemptions .........__...-..._.._...128, 176, 1896, 1901 HR 35-121 --Fulton County-City of Atlanta; ad valorem tax for educational purposes ___..._...__._.......__.._..._._.133, 180 HR 184-719 --Fulton County; pari-mutuel wagering and off-track betting .__________.___._.__.______._.____786, 858, 2802, 2845 HR 91-300 --Fulton County; retired persons' benefits ........__..........___..._._..___...._-_.295, 356, 2198, 2225, 3369 HR 133-480 --Fulton County; School Superintendent's appointment ------.__--_--._._,,----_--_---------------_--466, 561

INDEX

3837

HR 255-978 --General Assembly; increases during

term of office __..._.._._..,,.__...___.__.__._.......,, ....1551, 1651

HR 174-670 --General Assembly; meeting; time limit

and adjournment .._..__..-_--------.____..._-...._.._......_-626, 700

HR 253-952 --General Assembly; privilege of members _..._______.___.1546, 1647

SR 32 --General Assembly; reduce number of members;

provide for four-year terms; change number

of meeting days; compensation _ ,..-2236, 2239, 2319

HR 241-942 --General Assembly; special election to fill

any vacancy .__ ___.....______,,_,,__,,----__.----_.__________._______.1476, 1557

HR 180-719 --Gordon County; Hand Up, Inc.,

appropriations _____._.....__......_.___.___.785, 858, 1201, 1219, 1778

HR 21-58 --Governor and Lieutenant Governor

elected jointly ._..._....._..,,...-.__--.---,,..-_ 112, 144, 1021

HR 43-135 --Governor; eligibility for succession

effective 1982 __..____...___.-. ...

137, 184

HR 56-161 --Governor; succession ___________,,_.,,----_......-_____.,,.._.. 168, 210

SR 94 --Grand and traverse juries; method

of selection ........................._...............-.. 2542, 2778, 2792

HR 271-1049--Gwinnett County; officers' salaries _.____...._.___..._..._.1645, 1758

SR 26 --House of Representatives; provide for

four-year terms for members ________________.1107, 1108, 1196

HR 210-874 --Houston County; license fees ......_.1184, 1309, 2007, 2031, 3370

SR 147 --Income tax; prisoners of war or persons

missing in action in Vietnam conflict __....2643, 2778, 2793

HR 41-135 --Judges; Supreme Court, Court of Appeals,

Superior Courts; eligibility ..------------_........__ 137, 183

HR 66-202 --Kidnapping; State Board of Pardons

and Paroles ...._._--_______------_...._.._.____. _ _.___.202, 254

HR 61-191 --Lieutenant Governor; abolish office ............._ 199, 252, 1021

HR 32-98 --Life imprisonment for crime of murder;

parole prohibited .-,,-...........--.--._.-..........__...... ....128, 176

HR 82-280 --Life imprisonment sentences;

parole prohibitions .-.-----...--.........._..._........,, 289, 351

HR 90-280 --Life imprisonment sentences;

parole prohibitions _............_--._.....--_...........................291, 352

HR 237-942 --Lobbyists; repeal provision declaring

lobbying a crime ._.............._...--__,,_---._.....,, _...1475, 1556

HR 31-98 --Misdemeanor cases; jury of 6 persons .....--....128,176, 428, 496

HR 58-175 --Municipal employees' pension benefits ..._...__._..._...171, 212

HR 88-280 --Murder or rape; parole prohibitions --_......._..__.......290, 352

SR 112 --Oconee County; regulate pedestrian and

vehicular traffic ..._...-__..,,,,_-_. 1777, 1782, 1892, 2802, 2840

HR 136-504 --Palmetto, City of; ad valorem tax;

homestead exemption __________.,,_______.__....._...._.... ..471, 565

HR 89-280 --Perjury; parole prohibitions; amendment

to the Constitution ......._.._...-..._..._._..__..__........_...291, 352

HR 171-642 --Perry, City of; ad valorem tax;

homestead exemption ______.__.--......620, 696, 1317, 1333, 3677

HR 240-942 --Poll tax levy -__.__-__.........._...-.__.__._..__...__.__..1476, 1557

HR 102-332 --Property classification for tax purposes .................. 301, 361

3838

INDEX

SR 85 --Public debt; limitations; counties and

municipalities _._______________.._____... ___.________2679, 2783, 2796, 3135

HR 67-202 --Rape; parole prohibitions .--------,,.--..._._.. .202, 254

HR 92-300 --Retirement; increase of benefits ....___.._.._______.___.___._....... 295, 356

HR 111-430 --Revenue anticipation obligations;

elections _.....______.._.........____.__......_________.409, 481, 642, 745, 1669

HR 230-909 --Revenue anticipation obligations;

expand purposes for issuance _______________________.___.____1306, 1374

HR 112-430 --Revenue anticipation obligations; public parking

and beach erosion protection systems ........ ....409, 481, 2597

SR 110 --Richmond County; consolidation and merger of

county and municipal governments ____.__..... 2094, 2096, 2191

HR 239-942 --Salaries of State officials; increases during

term of office ___..______________._____.________..__________.__.______.__.1475, 1557

HR 186-734 --Salaries of State officials; increases or decreases

during term of office .__.___._._....._-...._._.......___.............789, 861

HR 20-58 --School districts; consolidation or merger ........112, 144, 1200

SR 25 --Senate; provide for four-year terms for

members ._.._....._._,...

1108, 1108, 1196

HR 128-430 --Slum clearance; and acquisition ___......._________.....____....__..465, 560

HR 65-202 --Sodomy; State Board of Pardons and Paroles ........... 201, 254

HR 207-855 --State Board of Pardons and Paroles; powers __ 1007, 1195

HR 27-98 --State Court of Claims; create ............127, 176, 365, 435, 3150

HR 39-135 --Superior Courts; jury selection ___.........._............. 136, 183, 573

HR 40-135 --Supreme Court and Court of Appeals; changes ....... 136, 183

SR 12 --Supreme Court; jurisdiction; Court of Appeals

Judges' election and composition ._..._...._...__. 1513, 1514, 1558,

1761, 3059

SR 131 --Supreme Court; review of rate orders of the

Public Service Commission ..._.__._._._...._..._. 2851, 2979, 2988

HR 265-1012--Tangible property in transit; exemptions ............ ...1638, 1752

HR 29-98 --Tangible property tax increases; referendums .......... 128, 176

HR 34-113 --Tax assessment of certain property ............................ 131, 179

HR 75-251 --Telfair County; county officers' eligibility

.245, 310,

1201, 1215

HR 83-280 --Unicameral legislature; provide for ................290, 351, 1021,

1112,1298

HR 38-135 --Unified Judicial System create ............... 136, 183, 185, 220,

260, 261

SR 11 --Unified Judicial System; create .....__.._....__.__.494, 495, 571, 573,

741, 872

SR 10 --Venue of all cases as provided by law ...._........_..370, 374, 425

CONSTITUTIONAL CONVENTION HB 359 --Provide for ._______.__________.___________._..________.___.______._338, 416, 575, 1175

CONSUMER AFFAIRS HB 86 --Consumer Affairs Advisory Commission; create ......125, 173

HB 440
HB 263 HB 271 HB 277 HB 460
HB 627
HB 646
HB 428 HB 260 HB 255

INDEX

3839

--Criminal Code; amend relating to improper advertising of goods -_.---_--------.------------------------410, 483
--Georgia Credit Code; provide for ............... 249, 313 --Georgia Housing Merchant Liability Act; enact ------ 288, 350 --Marketing practices; dealers and distributors ---------289, 351 --Motor Vehicle Sales Finance Act; penalties
for violations --...._---------_--_------------_---- 462, 558 --Multi-Level Distribution Companies;
regulate ....--------------_----.----_ 617, 693, 702, 814, 2636 --Notice and Hearing for Provisional Remedies
Act; enact ------------------------------------.621, 696, 2467 --Security deposit payments; interest ...._._------408, 481, 2192 --Trading stamps; display of cash equivalent value --248, 312 --Unfair Trade Practices and Consumer Protection
Act; enact ---- 247, 311, 1021, 1471, 1535, 1585, 1672, 1826

CONTINENTAL CAN COMPANY, INC.

SR 126

--State Properties Control Commission; easement..------------------.---- 2095, 2097, 2191, 2801, 3091

CONTRABAND VEHICLES

SB 17 HB 418
HB 558 HB 598

--Confiscation; alcoholic beverages ----1389, 1392, 1479, 2800 --Confiscation; Uniform Narcotic Drug Act ------..406, 479,
1200, 1611 --Confiscation; Uniform Narcotic Drug Laws ... 545, 630, 1482 --Confiscation; Uniform Narcotic Drug Laws . 554, 637, 2005

CONTRACTORS

HB 434
HB 588
HB 509 HB 113
HB 271

--Apartment complexes; electrical power requirements ------.--_------------....------.----....--..348, 425
--County and municipal contractors; performance and payment bonds --_.--__------------------_------. 551, 635
--County contracts; performance and payment bonds --472, 566 --Georgia Contractors Licensing Board;
create ----..----___----------------...----. 131, 178, 703, 976 --Georgia Housing Merchant Liability Act; enact ..... 288, 350

CONTRACTS HB 952 HB 460 HB 646

--Mechanics' and materialmen's liens; singlefamily dwellings --------------------------------1545, 1647
--Motor Vehicle Sales Finance Act; penalties for violations .-----.....------....------.-----.----------462, 558
--Notice and Hearing for Provisional Remedies Act; enact _.------...--------------------------. 621, 696, 2467

3840

INDEX

COOK COUNTY

HB 1172
HB 732 HB 733

--Board of Commissioners; membership ........1995, 2190, 2611, 2621, 3365
--Sheriff's expenses ----------------..788, 860, 1318, 1324, 3361 --Tax Commissioner's fees ----------.788, 861, 1318, 1325, 3361

COOPERATIVE ASSOCIATIONS

SB 353

--Cooperative Marketing Act; fisheries products ------..._..--------------2236, 2239, 2318, 3134, 3472

CORDELE JUDICIAL CIRCUIT

HB 851 HB 850

--Official Court Reporter's salary ----.------.1006, 1194, 1762, 1767, 2487
--Terms __..--....._..--....-..._..._........--1006, 1194, 1561, 1566, 3372

CORNELIA, CITY OP HB 743 --Mayor and Commissioners; salaries ........853, 919, 1375, 1378

CORONERS HB 562 HB 954

--Georgia Post Mortem Examination Act; duties and powers ----------.--.-.----------545, 631, 1314
--Inquests; witness fees for peace officers ---- .----1546, 1647

CORPORATIONS
HR 209-871 --Ad valorem tax; common voting stock; out-of-state subsidiaries; amendment to the Constitution ...._...1183, 1308
HB 83 --Agency relations; termination and revocation; power of attorney for incompetent persons _.......124, 173, 427, 500, 1779,1812
HB 612 --Banking Laws; merger or consolidation ....... 614, 691, 1313, 1471, 1526, 2852
SB 18 --Clearing corporation; define ...........369, 374, 425, 2005, 3051 HB 571 --Corporate charters for stock and mutual
insurers; Georgia Business Corporation Code -----...........------------548, 632, 703, 1158, 1778, 1972 HR 176-680 --Corporate powers, how granted; amendment to the Constitution ------------...--------685, 790, 1200, 1456, 2235 HB 1233 --Financial Institutions Code of Georgia; enact ----2603, 2791 HB 354 --Georgia Building and Loan Commissioner; Charters ._......----. .. ..... ..-------337, 416, 572, 655, 1328

HB 356
HB 1098 HB 1181 HB 1100 HB 627 HB 352 HB 1097 SB 339
HB 455 HB 14

INDEX

3841

--Georgia Business Development Corporation Act; Banking and Finance Commissioner ___.._...338, 416, 572,
1151, 1779 --Income tax; deduction adjustments _._-........_-_..._..__.1743, 1887 --Income tax; dissolved corporations .---.2185, 2314, 2464, 2943 --Income tax; payroll factor ....________.._._._.___._..._._.________1743, 1887 --Multi-Level Distribution Companies;
regulate _____________---...-.__.____.__________.___.617, 693, 702, 814, 2636 --Powers of corporations chartered by superior
courts __.______________-_.-..__...______._. 337, 415, 572, 659, 1328, 1970 --Railroads and public utilities; annual tax returns
of all property _........._...___.....____.__._____._______-..________.___1743, 1887 --Stock shares; certain classes; vote required to
increase or decrease . ..___.___.___________.__..2491, 2545, 2608, 2798, 3115, 3680
--Transient Merchant Law of Georgia; licenses .............__-.--.....--_-.-.._...____--.--.461, 557, 1482, 1710
--Uniform Limited Partnership Act; trade names ...._............ ......_...... ....... ____________.__.60, 79, 118, 495

CORRECTIONS, STATE BOARD OF

HB 342 HB 724 HB 411 SB 146 SB 144 HB 448 SB 143
HB 449 HB 953 HB 924 HB 380
HB 381 SB 209
SB 300 HB 982

--Director's salary __.._._.._..._______________.________.__.__.___.__._..__.._._._.303, 362 --Georgia Correctional Industries Administration;
competitive bids -._._.-__....._..__.-.....787, 859 --Georgia Correctional Industries Administration;
membership ................__......___.........348, 424, 797, 1161, 2234 --Georgia Prison Industries Administration;
services .....__.___....._._.....................1106, 1110, 1198, 2197, 3062 --Inmates authorized to work at paid employment;
disbursement of funds .....______.....1106, 1110, 1197, 2197, 3061 --Inmates; penalty for possession of a deadly
weapon _..._._._...._..._..............._._._...__.412, 484, 487, 1119, 2042 --Inmates transferred to U. S. Attorney
General _._.__.........._...._..............._._1106, 1110, 1197, 2196, 3059 --Jail Standards Study Committee report ........_ ..................3713 --Jury duty; exemptions ....................._..._.._._.._..........._.____.412, 484 --Mail censorship ._......._.._____._.___________._._.___.____.._._______._...1546, 1647 --Misdemeanor offenses; sentences served on
weekends .............. .............__.___._....................... .....1371, 1478 --Pardons and paroles; benefits upon
release ....._..________............._..___.__............343, 420, 797, 1282, 2233 --Penal Institutions of the State subcommittee report .......3724 --Transfer of prisoners from state to county
institution; written consent _______._.._______.___________________343, 420 --Transfer of prisoners to State institutions within
30 days after conviction ............__..1912, 1915, 2000, 2801, 3588, 3681
--Transfer of prisoners while appeals are pending ___.____________._______.____._______________..._._________.2236, 2238, 2318
--Work-release programs; participation .. 1551, 1652, 2468

3842

INDEX

CORRIDOR LOOP HR 364 --Study Committee; create ___.--___.____.__..___....._.._............_.._._.___.2867

COUNTIES
HB 1065 --Alcoholic beverages; referendums ____________________._..____1737, 1882 HR 135-503 --Commissions to protect rivers and flowing streams;
amendment to the Constitution __________________.__.470, 565, 704 HB 509 --Contractors; performance and payment bonds -------472, 566 HB 588 --Contractors; performance and payment bonds __..___.___551, 635 SB 154 --County boards of tax assessors;
appeals ________._._____.______.__1106, 1110, 1198, 2467, 3258, 3376 SB 102 --County manager; board of commissioners may
create office ____________________ 1670, 1671, 1758, 3135, 3618 HB 922 --County Surveyor; performance of duties by registered
land surveyor ________.__.______.1371, 1478, 1761, 2442, 3373 HB 841 --County surveyor; qualifications __________________________ 1005, 1193 HR 326-1199--Debts incurred; amendment to the Constitution ___.2313, 2462 SR 85 --Debts incurred: limitations; amendment to the
Constitution _____._.___._.___________2679, 2783, 2796, 3135 HB 987 --Elected officials; alcoholic beverage license
restrictions __-__-___._..___--_-__-_______-____________.._._.__.1553, 1653 HB 806 --Excise tax; hotels, motels and other
accommodations ______________________ 918, 1016, 1317, 1978, 2034 HB 374 --Forest fire protection; privately owned forest land --341, 419 HB 1011 --Income tax; authority to levy local income tax _____.. 1637, 1751 HB 84 --Income tax; local option ______________.124, 173, 1317, 2664, 2854 SB 41 --Incorporation of municipalities; certain
counties _____-_____.__________--__-.______925. 929, 1017, 1895, 2495 SB 202 --Insurance; deferred compensation program for
employees _________________.._.___.____2490, 2544, 2607, 2799, 3292 HB 911 --Liability insurance; torts _.______...._._______._.__..___.___.____1369, 1476 HB 331 --Local retail sales tax; levy ________,,_,,,,,,,,,,,,,,,,,,,,,,____ 300, 360 HB 1068 --Mixed drinks; license authorization _________.__________.__.1737, 1883 HB 1116 --Mixed drinks; referendums ______________________._..__.___....__.1746, 1890 HB 439 --Office of Planning and Budget; minimum standards
for budgeting, etc. ______.______.410, 482, 1317, 1619, 1674, 2946 HB 319 --Planning commissions; multi-county planning
commissions _________________________________ 298, 358, 798, 2072, 2230 HB 97 --Real property; purchase price __________________________________________127, 175 HB 96 --Rezoning; State departments and boards of
education; review of applications --__.__.___--_.__--_.____127, 175 HB 834 --Sales tax; authority to levy local retail sales tax --1003, 1192 HB 1012 --Sales tax; authority to levy local sales tax ____._______1637, 1751 HR 20-58 --School districts; amendment to the Constitution 112, 144,1200 HB 1054 --Tax Collectors and Tax Commissioners; minimum
salaries -_____._....__________-._______.___________._1735, 1880, 2197, 2950
HB 470 --Tax relief; grants __-__________________________________._____.________________414, 485
HB 420 --Veterans' exemptions; reimbursement to counties ___.407, 479

INDEX

3843

COUNTIES AND COUNTY MATTERS (See Named County)

HB 1168 HB 1169 HB 1167 HB 1190 HB 1170
HB 1019

--Appling County; Board of Commissioners' salaries .__......... 1994, 2189, 2469, 2483, 3155
--Appling County; Board of Education; members' salaries ^.1994, 2189, 2469, 2483, 3155
--Appling County; Ordinary's salary ___..................._ 1994, 2189, 2469, 2483, 3154
--Appling County; sheriff's deputies ................. 2186, 2316, 2612, 2624, 3367
--Appling County; Small Claims Court; vacancies in office of judge -_-._.._..-.......__-_-..-.._._... 1994, 2189, 2612, 2620, 3365
--Atkinson County; Board of Commissioners; clerk _______________ 1640, 1755, 2008, 2016, 2640

HB 1021

--Atkinson County; sheriff's automobiles ......_....__................... 1640, 1754, 2008, 2016, 2641

HB 511

--Bacon County; Board of Commissioners; salaries .. ___.___..._____. 472, 566, 705, 709, 1387

HB 513

--Bacon County; Ordinary; secretary ........_________......__..__._____.____..473, 567, 1201, 1203, 1774

HB 510

--Bacon County; Sheriff's salary _..____________________________.____._..____________..472, 566, 705, 708,1387

HB 514

--Bacon County; Small Claims Court; create _________.._......__.___.___._.__........473, 567, 705, 709, 1387

HB 512

--Bacon County; Tax Commissioner; personnel--........_.._____.__. 473, 566, 705, 709, 1387

SR 62 --Baldwin County; convey property -._....__.___.1326, 1329, 1374

SR 50

--Baldwin County; convey

property

.

1108, 1109, 1197, 1485, 2654

SR 63 --Baldwin County; convey property __________..___.1326, 1329, 1374

SR 9 --Baldwin County; MilledgevilleBaldwin County Recreation Commission; transfer control ... 370, 374, 425, 428, 504, 872

HB 934

--Barrow County; Board of Commissioners; remove from office ___.........._..._..........___.....1473, 1555, 1763, 1769, 2488

HB 1049

--Barrow County; Sheriff's deputies and employees ... _. 1645, 1758, 2198, 2202, 2849

HR 290-1091--Bartow County; convey certain State-owned real property ........1742, 1886, 2007, 2495, 3675

HB 99

--Ben Hill County; Court of Ordinary; motor vehicle traffic cases .__......._.____....._....__...._.______..129, 177, 366, 368, 715

SB 392

--Berrien County; Board of Commissioners' salaries ... 2847, 2980, 2989, 3135, 3136, 3376

SB 390

--Berrien County; Sheriff's salary .....__..__.......____......._.___.2847, 2980, 2989, 3135, 3135, 3379

3844 SB 391 HB 578
HB 1158 HB 1191 HB 956 HB 765 HB 519 HB 1129 HB 957 HB 215 HB 774 HB 772 SR 64 HB 773 HB 771 HB 66 HB 601 HB 423 HB 422 HB 1082 HB 457 SB 63 HB 876 HB 906

INDEX
--Berrien County; Tax Commis sioner's salary ______ __._._ 2847, 2980, 2989, 3135, 3142
--Bibb County; Water and Sewerage Authority Act; membership _______________________ 549, 634, 1201, 1204, 1775
--Bleckley County; Tax Commis sioner; clerks' salaries _______ 1992, 2188, 2469, 2481, 3154
--Bryan County; deputy sheriffs _______ 2187, 2316, 2612, 2624, 3519, 3520
--Burke County; Board of Commissioners' salaries _....-1546, 1648, 2198, 2200, 3145
--Burke County; Hospital Authority; membership ____________________ 909, 1009, 1376, 1380, 2038
--Burke County; Sheriff's salary __________________474, 567, 1318, 1319, 2036
--Burke County; Small Claims Court; create __________________-1875, 1996, 2322, 2353, 3148
--Burke County; State Court; terms ____________._____1547, 1648, 2198, 2201, 3145
--Burke County; Superior Court; terms ____________________ 205, 257, 429, 430, 3155
--Butts County; Board of Commissioners; Chairman's election __ 911,1011, 1376,1383
--Butts County; Commis sioners' salaries _______________ 911, 1010, 1376, 1382
--Butts County; convey certain property ___________ 1326, 1329, 1374, 2801, 3019, 3159
--Butts County; Deputy Sheriffs' salaries __-___________..911,1010,1376, 1382, 3013
--Butts County; Tax Commis sioner's salary ________________ 910, 1010, 1485, 1487, 2232
--Calhoun County; Tax Commissioner's salary _____._____.___113, 145, 488, 489, 925
--Camden County; Tax Commissioner's personnel _________554, 637, 863, 867, 1569
--Candler County; Board of Commissioners; salaries __.________407, 480, 705, 707, 1385
--Candler County; Sheriff's salary _______________________________407, 480, 705, 706, 1385
--Carroll County; ad valorem tax; homestead exemption ____1740, 1885, 2199, 2204, 2850
--Carroll County; Coroner's salary _________ _____________ 461, 557, 643, 644, 1386
--Carroll County; State Court; Solicitor's salary _____.________._716, 717, 795, 2803, 2830
--Catoosa County; Commis sioner's personnel _____________1185, 1308, 1762, 1768, 2634
--Catoosa County; Development Authority; implement Constitutional Amendment _____1305, 1373, 1660, 1668, 2634

INDEX

3845

HB 878 --Catoosa County; hospitalization insurance for employees ... 1185, 1310,1762, 1769, 2633, 2709
HB 880 --Catoosa County; Sheriff's deputies ..................... 1185,1310, 2198, 2220, 3014, 3161
HB 875 --Catoosa County; Superior Court Clerk's salary ___........__.__.1184, 1308, 1762, 1768, 2634
HB 877 --Catoosa County; Tax Commis sioner's personnel ........ ........1185, 1310, 1762, 1768, 2634
HB 741 --Charlton County; Ordinary's Clerk; salary _....---853, 919, 1659, 1661, 2487
SB 409 --Chatham County; Board of Elections _____._.- 2678, 2784, 2797, 2993, 3006, 3379
HB 414 --Chatham County; Commissioners and ex officio judges ._.-... ._.--,,.... 406, 479, 573, 577, 1385
HB 729 --Chatham County; Commissioners and ex officio judges; salaries . ...........788, 860, 1318, 1324
HB 785 --Chatham County; Commis sioners; composition ...............913, 1013, 1485, 1488, 2232
HR 319 --Chatham County; grand jury urged to make investigation relative to reevaluation of property ...._.___----____-__..2363
HR 331-1230--Chatham County; horse and dog racing; amendment to the Constitution ....... ___.........__..__.._._______...______.._._.2603, 2791
HB 936 --Chatham County; Sheriff's salary ______.-____.____.__________1474l 1555 HB 937 --Chatham County; Superior Court
Clerk's salary ___.__....._._..-_..______.-.__.____. 1474, 1555 HB 1202 --Chatham County; Tax
Commissioner's salary .......................... ..........2313, 2463 HB 242 --Chattahoochee County; Board
of Commissioners; Clerk's salary .....243, 309, 488, 491, 926 HB 243 --Chattahoochee County; Tax
Commissioner's salary ____.__............ 244, 309, 488, 492, 926 HB 639 --Chattooga County; Commis
sioner's salary ..... .____-.____..-...620, 695, 1022, 1026, 1775 HB 636 --Chattooga County; Deputy
sheriffs and jailer; salaries ........ 619, 695,1022, 1025, 1775 HB 635 --Chattooga County;
Ordinary's salary .__.,,___... 619, 695, 863, 870, 1570

HB 633

--Chattooga County; Superior Court Clerk; deputy's salary _____.______.____.____..619, 694, 863, 869, 1775

HB 638

--Chattooga County; Tax Commis sioner; deputy's salary __-....__.........619, 695, 1022, 1025, 1775

HB 814

--Cherokee County; Board of Education; membership ............ 999, 1188, 1486, 1493, 2233

HB 889

--Cherokee County; officials' deputies and clerical assistants .._.....__..___..._____ 1187, 1311, 1660, 1666, 2489

HB 813

--Cherokee County; Water Authority Act; bonds .............._....... .........999, 1188, 1486, 1492, 2233

3846

INDEX

SB 341 --Clarke County; Board of Commissioners .................... 2036, 2097, 2192, 3135, 3138, 3378
HB 1066 --Clarke County-City of Athens; centralization of governmental facilities and operations ..........1737, 1882, 2468, 2474, 3147
HB 1071 --Clayton County; Ad Valorem taxation for educational purposes; exemptions ......................1738, 1883, 2322, 2349, 3013, 3093
HB 77 --Clayton County; Board of Commissioners; comptrolleradministrative assistant ...... 115, 147, 366, 367, 1226, 1254
HB 824 --Clayton County; Superior Court Administrator; create office _______________.1001,1190, 1486,1493
HB 1022 --Clinch County; Ordinary's salary ...._....__.._...__.___.._.._____._.__.. 1640, 1754, 2008, 2017, 2641
HB 1055 --Clinch County; Sheriff's deputies _____-...-..............................1735, 1880, 2199, 2203, 2849
HB 575 --Cobb County; ad valorem taxation for educational purposes; homestead exemption ....................549, 633, 1661, 1765, 2485
HR 208-855 --Cobb County; ad valorem tax; homestead exemption; amendment to the Constitution ....................1008, 1195, 1317, 1336, 3370
HB 861 --Cobb County; Board of Commissioners; real estate interests ..__.--___..-...-.....__._..._..___.............1181, 1307
HB 1197 --Cobb County; Board of Commissioners; real estate interests ...................2312, 2462, 2612, 2626, 3367
HB 677 --Cobb County; Board of Com missioners; recall provisions ...__627, 701, 1202, 1211, 1776
HB 900 --Cobb County; Board of Com missioners; zoning actions ......1304, 1372, 2198, 2200, 3145
HB 890 --Cobb County; Juvenile Court; judge's salary ___._______.._.____.___..._.1187, 1311, 2007, 2012, 3145
HR 103-332 --Cobb County; land survey by Secretary of State ____........................301, 361, 642, 968, 1571
HB 1227 --Cobb County; planning and zoning powers ........__..___..............2602, 2790, 2994, 3002, 3674
HR 263-1012--Cobb County; planning and zoning powers; amendment to the Constitution ............1638, 1752, 1896, 1910, 3301, 3310

HB 1029

--Cobb County; Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors; allocation of funds received ..--__._... ............._._.................._....1641, 1755

HB 477

--Cobb County; State Court; additional judge _........_......-..._..-...........-..... ..............464, 559

HB 989

--Cobb County; State Court; assistant solicitors .-.-.-..______...._.1633, 1748, 1896, 1900, 2640

HB 795

--Cobb County; State Court; Court Reporters ....

915, 1014, 1486, 1490, 2634

INDEX

3847

HB 1196 --Cobb County; State Court;

judges' salaries -.--..- 2312, 2462, 2612, 2625, 3367

SB 187 --Cobb County; State Court;

office of magistrate ...................................... 925, 929, 1019

HR 152-604 --Cobb County; State Properties

Control Commission; lease certain

property to City of Marietta....... 555, 638, 1484, 1696, 2851

HB 1206 --Cobb County; Taxation Study

Committee; create ..--------.. 2459, 2604, 2803, 2827, 3673

HR 252 --Cobb County; telephone directory ..__--......--------------____1505

HR 318-1197--Coffee County; convey certain

State-owned real property ....... 2312, 2462, 2468, 2653, 3370

HB 1127 --Colquitt County; officers'

salaries ----.._._.._.-.------------.1875, 1996, 2612, 2619, 3364

HB 527 --Columbia County; Board of Com

missioners; Chairman's salary --475, 569, 705, 713, 1389

HB 528 --Columbia County; Small

Claims Court; create ____._.__.............476, 569, 705, 713, 1389

HB 526 --Columbia County; Superior Court

Clerk; Sheriff; salaries . ..475, 568, 705, 712, 1389

HB 1172 --Cook County; Board of

Commissioners; membership ... 1995, 2190, 2611, 2621, 3365

HB 732 --Cook County; Sheriff's expenses ...788, 860, 1318, 1324, 3361

HB 733 --Cook County; Tax

Commissioner's fees ----._._... 788, 861, 1318, 1325, 3361

HB 836 --Crawford County; Small Claims

Court; jurisdiction _.__._..------ 1003, 1192, 1762, 1767, 2487

HB 835 --Crawford County; Superior

Court Clerk's salary ..----------1003, 1192, 1660, 1663, 2488

HB 1040 --Crisp County; county

officers' salaries ----_._.... 1643, 1756, 2802, 2822, 3363

HB 958 --Crisp County; Small Claims

Court; create ........................1547, 1648, 1896, 1898, 2635

SB 322 --Dade County; Commissioner's

salary .....-----........--------.....1772, 1783, 1893, 2803, 2831

HB 218 --Dade County; Dade County

Water Authority; members'

appointment ._.._.------...._._ 239, 305, 487, 490, 1326, 1604

SB 324 --Dade County; Ordinary's

salary .....--------....__.------_.._._..__ 1772, 1784, 1893, 2803, 2831

SB 323 --Dade County; Sheriff's salary ..--1772, 1783, 1893, 2803, 2831

SB 403 --Dawson County; Sheriff's

salary .._------._._.....------_.__.______.2851, 2981, 2989, 3135, 3143

HR 36-121 --DeKalb County; ad valorem tax for educational

purposes; amendment to the Constitution --__....133, 180

HB 736 --DeKalb County; Board of Education;

non-partisan election ._.._._.___..------______.--.__.________--.789, 861

HB 790 --DeKalb County; Board of

Elections ------..-------_.__.___-- 914, 1013, 2993, 2995, 3673

HB 1072 --DeKalb County; Commissioner

districts

_... ...........1738, 1883, 2612, 2621

3848

INDEX

HB 485 --DeKalb County; Firemen; maximum hours ------------------467, 562, 1762, 1763, 2485
SB 364 --DeKalb County; Juvenile Court; judge's salary ................. 2485, 2546, 2608, 2993, 3005, 3378
HB 446 --DeKalb County; municipal streets rights-of-way --------------412, 484, 2468, 2475, 3369
HR 231-921 --DeKalb County; pari-mutuel betting; ordinance; amendment to the Constitution -----1370, 1478

HB 610

--DeKalb County; State Court; law library ________.___..........556, 639, 1201, 1208, 2037

HB 609

--DeKalb County; State Court; salaries .................................-_-- 556, 639, 1201, 1208, 3143

HB 17

--DeKalb County Superior Court; provide for six terms annually ._....._- 61, 79, 258, 315, 1224

HB 1079

--Douglas County; Ad Valorem tax for educational purposes; exemptions ------1739, 1884, 2199, 2204, 3364

HB 1042 --Douglas County; Board of

HB 1041 HB 726
HB 727

Commissioners; submission of all actions affecting citizens ----------1644, 1757, 2008, 2017 --Douglas County; Charter Commission; create ............................1644, 1756, 2008, 2017 --Douglas County; Clerk, Ordinary, Sheriff and Tax Commissioner; salaries ..........................................787, 859, 1318, 1323, 2232 --Douglas County; Commissioners' salaries --------------------------.787, 860, 1318, 1324, 2232

HB 1143

--Douglas County; Coroner's salary _._.___----------1878, 1998, 2468, 2477, 3365

HB 1034 HB 316

--Effingham County; State Court; Solicitor's salary ..........1642, 1755, 2198, 2221, 3363
--Emanuel County; Ordinary's salary ............................297, 358, 573, 577, 1385

SB 374 SB 405
SB 406 HB 821
HB 818

--Evans County; Sheriff's deputies _--_----------------..---.2633, 2780, 2794, 2993, 3005
--Fannin County; Ordinary's salary --------..2851, 2981, 2990, 3349, 3358
--Fannin County; Sheriff's salary ----------2851, 2981, 2990 --Fayette County; Ordinary;
salaries ..............._..................-_-1001, 1190, 1659, 1663, 3145 --Fayette County; Sheriff's
automobile allowance ........_.. 1000, 1189, 1659, 1661, 2634

HB 820 --Fayette County; Superior

Court Clerk; salaries --------..1000, 1189, 1659, 1662, 3144

HB 819 --Fayette County; Tax

Commissioner; salaries ............1000, 1189, 1659, 1662, 3144

HB 540

--Floyd County; Hospital Authority; vacancies ______,,__..__.__.__.-542, 628, 705, 714, 1389

HB 595

--Floyd County; Medical Examiner; create office __.--.--------------------552, 636, 862, 866, 1569

INDEX

3849

HR 149-596 --Floyd County; Medical Examiner; create office; amendment to the Constitution ___-.-,,.___.----.-_...-.553, 637, 1201, 1217, 1778
HB 624 --Franklin County; deputy's salary _____ 617, 693, 863, 868, 1570 HB 19 --Fulton and DeKalb Counties;
reincorporate City of Atlanta --_____.--__61, 79, 1022, 1047 HR 35-121 --Fulton County; ad valorem tax for educational
purposes; amendment to the Constitution .._--.__.___ 133, 180 HR 30-98 --Fulton County; ad valorem tax;
homestead exemptions; amendment to the Constitution ____.___________________________128, 176, 1896, 1901 HB 522 --Fulton County; Atlanta, City of; Governmental Merger Commission; create _,,..--__474, 568 SB 80 --Fulton County; Atlanta-Fulton County Recreation Authority; pension benefit credits ~~ ........._____........__._. 2231, 2236, 2316, 3349 SB 79 --Fulton County; Atlanta-Fulton County Recreation Authority; pension fund ,,_,,,,,,_,,...,,. 2230, 2236, 2316, 3349, 3355 SB 189 --Fulton County; Board of Commissioners; composition ... 2641, 2779, 2793, 3349, 3352 HB 498 --Fulton County; Board of Commissioners; membership .__.........____469, 564, 2007, 2009 SB 93 --Fulton County; Board of Education; dependent benefits ...__._.........___ 2231, 2237, 2317, 3349, 3352 HB 971 --Fulton County; Board of Education; election -__._________-_______________-_______._-__1549, 1650 SB 94 --Fulton County; Board of Education; pension benefit credits __,,...._ 2231, 2237, 2317, 3349, 3352 SB 92 --Fulton County; Board of Education; pension benefits ..___. 2231, 2237, 2317, 3349, 3351 HB 1148 --Fulton County; Board of Education; election of members .......,,__.____......___._ 1879, 1999 HB 1092 --Fulton County; Chairman of County Commission shall be chief administrative officer ........,,,,___ 1742, 1886, 2008, 2018 SB 240 --Fulton County; Civil Court; destruction of certain records ... 1390, 1393, 1480, 3349, 3353 HB 1183 --Fulton County; Courts; judges' salaries ___.___.____________.2186, 2315, 2469, 2484, 3366 HB 170 --Fulton County; Criminal, Civil and Juvenile Courts, Court of Ordinary; judges' salaries ____.....___170, 211 SB 34 --Fulton County; Criminal Court; Assistant Solicitors _____...._______.....2641, 2777, 2791, 2993, 3004 SB 241 --Fulton County; Criminal Court; destruction of certain records ..2039, 2095, 2190, 2467, 3195 HB 568 --Fulton County; Criminal Court; Director of the Traffic Violations Bureau .__________._..__.___...._-___...._.........__.....546, 631, 2993, 2997 SB 33 --Fulton County; Criminal Court; salaries ..___...._._......__.__....2230, 2236, 2316, 2993, 3004

3850

INDEX

SB 81 SB 82 SB 95 SB 239

--Fulton County; employees; additional pension benefits .--__..-....................-..-.-__..__.___1571, 1573, 1653
--Fulton County; employees; additional pension benefits ..__. 2633, 2777, 2792, 3350, 3360
--Fulton County; employees' pension fund; disbursements ________________.... 2485, 2543, 2606
--Fulton County; fire prevention

SR 152 HB 691 SB 412 HB 991 HB 668 SB 54 HB 446

systems; unincorporated areas __....................-.._..__.............1571, 1574, 1654, 3349, 3353 --Fulton County; French boxcar; transfer of property .....__.___.._. 2517, 2547, 2609, 2610, 3018 --Fulton County; Fulton County Airport; change name to Charlie Brown Airport --_-______.______687, 792 --Fulton County; Fulton County Airport; change name to Charlie Brown Airport ...__.3244, 3335, 3348 --Fulton County; grand juries' requirements _._.___-___._________._...__._...__.____1634, 1748, 2993, 2998 --Fulton County; House of Representatives; apportionment _____--.----.--...._..._..62B, 700 --Fulton County; judges; retirement benefits _........,,..,,. 2678, 2783, 2797, 3349, 3351 --Fulton County; municipal streets rights-of-way .............__._______.__......412, 484, 2468, 2475, 3369

SB 101

--Fulton County; officers and employees; pension fund participation ______________,,.,,_.--. 2231, 2237, 2317

HR 184-719 --Fulton County; pari-mutuel wagering and off-track betting; amendment to the Constitution ........___._..._...............__.786, 858, 2802, 2845

HR 91-300 --Fulton County; retired persons' benefits; amendment to the Constitution ___ 295, 356, 2198, 2225, 3369

HR 133-480 --Fulton County; School Superintendent's appointment; amendment to the Constitution ----,466, 561

SB 139

--Fulton County; Sheriff's salary __.__._.___......_,,------- 1390, 1392, 1479, 3349, 3350, 3680

HB 992

--Fulton County; special purpose grand juries ...___________________._._1634, 1749, 2993, 2998

HB 667 HR 329 SB 242

--Fulton County; State Senatorial

Districts; apportionment ._.,,_______._,,._._

625, 700

--Fulton County; Superior Court Judges;

reduce supplemental payment --...,,._._--..--.....-.._._._._.._.___.2369

--Fulton County; Tax Commissioner;

tax deeds ___.._______._.____________._.____.1390, 1393, 1480, 3349, 3356

SB 243

--Fulton County; Tax Commissioner; transfer of tax fi. fas. _._------1390, 1393, 1480, 3349, 3357

HB 211

--Fulton County; Tax Digests; certification; Municipal Home Rule Act of 1965 _--------------.------ 204, 256, 3072, 3073, 3672

SB 246

--Fulton County; tax levy; percentage number of mills ,,____......._--__.....1571, 1574, 1654

HB 788 --Fulton County; tax on alcoholic beverages .----,914, 1013

INDEX

3851

HB 123 HB 1007

--Fulton County; transfer of employees; pensions ---..--------.__.....--.......--.__--......_..._._..._.133, 180
--Fulton County; transfer of property .............._.........1636, 1751

HB 935

--Glascock County; Deputy Sheriff's salary __..___......_..------.1474, 1555,1763, 1770, 3145

HB 767 --Glynn County; Sheriff's salary . ....910, 1010, 1376, 1380

HB 768 --Glynn County; State Court;

salaries .........._

910, 1010, 1376, 1381, 3144

HB 769 --Glynn County; State Court; selection of jurors ...._......._.__..... 910, 1010, 1376, 1381, 3144
HB 501 --Gordon County; Commissioner's clerk; appointment ---..--.--.-_..--_._____.470, 564, 705, 707, 1387
HR 180-719 --Gordon County; HAND UP, INC.,

HB 1025
HB 930 HB 656 HB 1151 HB 1046

appropriations; amendment to the Constitution ...._.___....______.._._._..785, 858, 1201, 1219, 1778 --Gordon County; Industrial City; create within Gordon, Murray and Whitfield counties ....1553, 1654, 2468, 2475, 3300, 3313 --Gordon County; Officers' salaries -.-------.--.....-..-._- 1472, 1554, 1762, 1769, 2487 --Greene County; corporate limits ....623, 698, 1022, 1028, 1776 --Greene County; School Superintendent's appointment--1879, 1999, 2469, 2479, 3149 --Gwinnett County; Board of Com missioners; chairman's salary... 1645, 1757, 2612, 2613, 3364

HB 777 HB 1044

--Gwinnett County; Board of Elections ........_._..............._._..__ 912, 1011, 1376, 1384, 2038
--Gwinnett County; county

officers' salaries ._.....___..___. ___..__.1644, 1757, 2802, 2826, 3364 HR 271-1049--Gwinnett County; county officers' salaries;

HB 1165 HB 1186

amendment to the Constitution _......._._.___.____________1645, 1758 --Gwinnett County; State Court;
jury composition -----... ..--... 1993, 2189, 2469, 2482, 3154 --Gwinnett County; State

HB 570 HB 1045

Court; salaries --._.-..-.___..._._..__.2185, 2315, 2612, 2624, 3366 --Gwinnett County; Superior Court
Clerk, Sheriff and Ordinary; vacancies -..._........__._.__.. ......548, 632, 1318, 1319, 2039, 2662 --Gwinnett County; Tax

HB 1126

Commissioner's salary _._._.,, 1644, 1757, 2802, 2826, 3364 --Habersham County; Board of

Education; election -.__._._...._.._.1875, 1996, 2322, 2346, 3148

HB 938

--Habersham County; Clerk of the Ordinary; salary ..............._.______..1474, 1556, 2007, 2012, 2639

HR 268-1017--Habersham County; convey and

acquire certain real property....1639, 1753, 2468, 2649, 3370

HB 745

--Habersham County; Coroner's salary ................. ........._.__.._.___...__....854, 920, 1375, 1377, 2038

HB 943

--Habersham County; elections ......_.._.._.._._._._. .............1476, 1557, 2007, 2013, 2639

3852 SB 419 HB 1076 HB 585 HB 586 HB 587 HB 839 SB 399 HB 865 HB 868 HB 867 HB 866 HB 1177 HB 1179 HB 1178 HB 1226 HB 843 HB 845 HB 844 SB 127 SB 126 SB 128 SB 125 SB 129 HB 1140
HB 1138 HB 1137

INDEX

--Habersham County; State Court;

secretary for the Solicitor .3054, 3126, 3132, 3349, 3354

--Habersham County; State

Court; terms ______________________.____.____....____.___.___1739, 1884, 2611

--Hall County; ad valorem property

tax .-_____.._._

550, 635, 1661, 1765, 2486

--Hall County; ad valorem tax;

fair market value ...__......_.__.....-.551, 635, 1661, 1766, 2486

--Hall County; ad valorem tax;

property assessment ...._.............._. 551, 635, 1661, 1766, 2486

--Hall County; burial expenses

for paupers ........- .. 1003, 1192, 1561, 1565, 2357

--Hall County; Coroner's salary ...._.2847, 2980, 2989, 3349, 3358

--Hancock County; Board of Commissioners;

annual audit .... _.

1182, 1307, 1561, 1567, 2357

--Hancock County; Board of

Commissioners; police __..-... 1183, 1308, 1561, 1568, 3145

--Hancock County; Sheriff's

deputies ......__........___...._._...........1182, 1308, 1561, 1567, 2357

--Hancock County; Tax

Commissioner's salary ____________..__1182, 1308, 1561, 1567, 2357

--Haralson County; County

Commissioner's salary .._.......___..._.__.... 2184, 2314, 2612, 2622

--Haralson County; Ordinary's salary ...2184, 2314, 2612, 2622

--Haralson County; Tax Commissioner;

clerical assistant .__.....___................_.._...2184, 2314, 2612, 2622

--Harris County; Board of

Commissioners' salaries ...._.... 2602, 2790, 2993, 3002, 3674

--Hart County; Sheriff; salaries .__1005, 1193, 1561, 1565, 2357

--Hart County; Superior Court Clerk

and Ordinary; salaries .__....... 1005, 1193, 1561, 1566, 2357

--Hart County; Tax Commissioner;

personnel and salaries ____________1005, 1193, 1561, 1565, 2357

--Heard County; Board of

Commissioners' salaries ............._..716, 717, 795, 2612, 2627

--Heard County; Ordinary's

salary -.._......._.....__.......__......__......__.716, 717, 795, 2612, 2627

--Heard County; sheriff's

salary _____._____.___..._,,_._,..._._ 716, 718, 795, 2612, 2628

--Heard County; Superior Court Clerk's salary _______._._.___.________________.716, 717, 795, 2612, 2627

--Heard County; Tax Commissioner's salary _______.____..___.716, 718, 796, 2613, 2628

--Henry County; Board of Commissioners; salaries ....___ 1877, 1998, 2468, 2476, 3160, 3336, 3377

--Henry County; Coroner's salary .________.__.__________-______._.__._.__________.1877, 1997, 2468, 2476

--Henry County; Recorder's Court; create __________-___________._._1877, 1997, 2322, 2355, 3364

INDEX

3853

HB 1139 --Henry County; Sheriff, Superior Court clerk and ordinary; salaries .-..----. 1877, 1997, 2468, 2476, 3160, 3339, 3377
HB 1136 --Henry County; Water and Sewerage Authority ._ 1876, 1997, 2322, 2355, 3160, 3338, 3377
HB 874 --Houston County; Board of Commissioner's salaries .... . 1184, 1308, 1660, 1663, 2488
HB 780 --Houston County; Board of Elections . -- --._..___. . 912, 1012, 1376, 1384, 2039
HR 274 --Houston County Civil Defense members; commend .--.--1681 HR 210-874 --Houston County; license fees; amendment
to the Constitution .------------1184, 1309, 2007, 2031, 3370 HR 275 --Houston County Sheriff's Department; commend --------1682 HB 1122 --Irwin County; Board of Com
missioners; clerk's salary -_.... 1747, 1891, 2322, 2352, 3147 HB 1171 --Jackson County; State Court;
terms .............. ...... __................1994, 2189, 2611, 2620, 3365 HB 999 --Jasper County; Sheriff's
salary ...----.. ._ _------ .......1635, 1750, 2008, 2014, 2640 HB 681 --Jefferson County; Commissioners'
salaries ...............-._.. ..._.. ....685, 790, 1202, 1211, 2037 HB 689 --Jefferson County; sheriff's
salary ..........-- .......-.....--..687, 791, 1202, 1213, 2037 HB 686 --Jefferson County; State
Court; salaries ...... .... ._,,. . 686, 791, 1202, 1212, 2037 HB 1200 --Jones County; Board of
Commissioners; bond ..... ..... 2313, 2463, 2612, 2626, 3368 HB 560 --Lamar County; Coroner's salary ...545, 630, 1201, 1319, 2036 HB 828 --Lanier County; County
Attorney's salary ----._.---- .._ 1002, 1191, 1486, 1495, 2488 HB 827 --Lanier County; Ordinary's
salary ........ ........-- ....... .....1002, 1190, 1486, 1494, 2488 HB 825 --Lanier County; Sheriff's
salary .......................... ...... ....1001, 1190, I486, 1494, 2486 HB 829 --Lanier County; Superior Court
Clerk's salary ............... ..........1002, 1191, 1561, 1564, 2488 HB 826 --Lanier County; Tax
Commissioner's salary ......... ..1001, 1190, 1486, 1494, 2488 HB 1210 --Laurens County; Ordinary's
salary ...... ..... ................. 2460, 2605, 2803, 2829, 3368 HB 1209 --Laurens County; Sheriff's
salary ..---- ..------...------ .._. 2460, 2605, 2803, 2828, 3368 HB 1213 --Laurens County; State Court;
salaries ..-- _--. .__..--__._-.---- 2461, 2605, 2803, 2830, 3369 HB 1212 --Laurens County; Superior Court;
clerk's salary ............ ....__...._ 2460, 2605, 2803, 2829, 3368 HB 1211 --Laurens County; Tax
Commissioner's salary ...___.-- 2460, 2605, 2803, 2829, 3368 HB 1214 --Laurens County; Treasurer's
salary .....--.._.___.----------.. .2461, 2605, 2803, 2832, 3369

3854

INDEX

HB 81 --Lee County; Ordinary; clerical

assistance _____________________________

.124, 173, 1201, 1202, 1773

HB 82 --Lee County; Superior Court

Clerk's salary ............._._..._.______._________ 124,173, 366, 367, 715

HB 944 --Liberty County; Clerk of the

Ordinary; salary ..._._.........._______.1476, 1557, 1763, 1771, 2848

HB 810 --Liberty County; Industrial Authority;

ad valorem tax for industry ..........___.____918, 1017, 1486, 1492

HB 809 --Liberty County; Sheriff, Superior

Court Clerk; salaries ___....___._...... 918, 1016, 1486, 1492, 2848

HB 1217 --Lincoln County; Ordinary's

salary ................................... 2600, 2789, 2993, 2999, 3673

HB 1218 --Lincoln County; Treasurer's

salary _...-......................-..-....____,,.. 2600, 2789, 2993, 2999, 3673

HB 1182 --Long County; Sheriff's clerk ....... 2185, 2314, 2612, 2623, 3366

HB 616 --Long County; Sheriff's salary ____._._.___. 615, 692, 863, 867, 1569

HB 895 --Lowndes County; Board of

Commissioners; meeting date -.1188, 1312, 1660, 1666, 3362

HB 896 --Lowndes County; Coroner's

salary _._._...._.........._._..._......_..___._.. 1188, 1312, 1660, 1667, 3362

HB 894 --Lowndes County; Sheriff's

salary _------................................_ 1188,1312,1660,1666, 3362

HB 888 --Lowndes County; Utilities Authority;

repeal Act creating ................... 1187, 1311, 1660, 1665, 3362

HB 887 --Lowndes County; Water and

Sewerage Authority, create ..............._ 1187, 1311, 1660, 1665,

3014, 3069

HB 916 --Lowndes County; Water and

Sewerage Authority; create ....................................1369, 1477

HB 766 --Lumpkin County; Sheriff's

deputies' salaries ___._______.______________.909, 1009, 1376,1380, 2038

HB 642 --Macon County; Small Claims

Court; jurisdiction ............._.___.___.__ 620, 696, 1896, 1897, 2635

HB 1144 --Marion County; School

Superintendent's appointment... 1878, 1998, 2468, 2478, 3149

HB 920 --McDuffie County; deputy

sheriffs ___.__..____..-._....___._._.__________1370, 1478, 1660, 1668, 2487

HB 1062 --McDuffie County; Small

Claims Court; costs .................... 1736, 1882, 2322, 2349, 3146

HB 665 --Mclntosh County; ordinary's

salary ... _ ,,__._.__..______. 625, 699, 1318, 1321, 3143

HB 663 --Mclntosh County; Superior

Court; clerk's salary ......................624, 699, 1318, 1320, 3143

HR 200-776 --Meriwether County; convey

property ........_...-....-......-................ 911, 1011, 1484, 1818, 2850

SR 81 --Meriwether County; convey

property ....__............._...... 1326, 1329, 1375, 2468, 2651, 3012

HB 1229 --Meriwether County; Ordinary;

clerk's salary _______..___..........._. .2603, 2790, 2994, 3003, 3674

HB 1147 --Miller County; Sheriff's

operating expenses .__-____.__......._..1878, 1998, 2469, 2479, 3149

SB 349 SB 327 HB 487 HB 488 HB 489 HB 655 HB 654 HB 1146 HB 1025
HB 1145 HB 1221
HB 296 HB 705 HB 1007 SR 112
HB 796 HB 797
HB 798 HB 996 HB 1081 HB 1080 HB 180 HB 1154

INDEX

3855

--Miller County; State Court;

disposition of documents ___.........2231, 2238, 2318, 2613, 2629

--Miller County; State Court;

solicitor's fees ..

. 2036, 2097, 2192, 2613, 2628

--Montgomery County; Assistant

Tax Commissioner's salary ..........____..467, 562, 643, 645, 1773

--Montgomery County; Board of

Education; membership .__.._........._...._.467, 562, 643, 645, 1773

--Montgomery County; Tax

Commissioner's salary ........_............._ 467, 562, 643, 646, 1773

--Morgan County; officials'

salaries .______..__._ ._.............___.._._.........623, 698, 1022, 1027, 1776

--Morgan County; Tax

Commissioner's salary .._...-_._....... 623, 698, 1022, 1027, 1776

--Murray County; Commis

sioner's salary ......_.........._._.__........1878, 1998, 2468, 2478, 3149

--Murray County; Industrial City;

create within Murray, Gordon

and Whitfield counties ._._ 1553, 1654, 2468, 2475, 3300, 3313

--Murray County; Ordinary's

salary ... ........_......__........ 1878, 1998, 2468, 2478, 3149

--Muscogee County; Ad Valorem

tax for educational

purposes; exemption ___......,,._.._ 2601, 2789, 2993, 3000, 3674

--Newton County; business

license fees _...,, ,,,,.,,,,.

294, 355, 487, 492, 926

--Newton County; public

defender's salary ..._,,...__._.... ________... 690, 794, 1022, 1028, 1777

--North Fulton County;

transfer of property ,,,, ,,-_-.._____,,_.__________.___1636, 1751

--Oconee County; pedestrian and

vehicular traffic regulations;

amendment to the

Constitution ..-_....-_._......_.___......___.1777, 1782, 1892, 2802, 2840

--Paulding County; Fire

prevention districts _______.____.__________916, 1014, 1486, 1491, 3144

--Paulding County; Office of

Commissioner; carry out 1972

Constitutional Amendment __._...._.916, 1015, 1486, 1491, 3144

--Paulding County; Recorder's

Court; jurisdiction __......_.__._.._._....916, 1015, 1486, 1491, 3144

--Pierce County; State Court;

judge and solicitor --__________.__..___.1635, 1749, 2008, 2014, 2640

--Pike County; Board of Commis

sioners; Chairman's salary _____._.1740, 1884, 2322, 2351, 3147

--Pike County; Tax Com

missioner's salary ____..______.__.________1739, 1884, 2322, 2350, 3147

--Pulaski County; Board of

Education; membership __....._........... 196, 249, 487, 490, 926

--Pulaski County; Commissioner's

salary ....__........__....____..___.....____....1991, 2187, 2469, 2480, 3149

3856 HB 1156 HB 1173 HB 1155 HB 1157 HB 1048 SB 415 SB 417 HB 742 HB 525 HB 1059
HB 802 HB 1026 HB 905 HB 764 HB 621 HB 923 SB 282 HB 620 SR 110
SR 102 SR 103 SB 398 SB 388 SB 408

INDEX
--Pulaski County; Ordinary's salary ____._._._.______._.._____._,,_,,______ 1992, 2188, 2469, 2480, 3150
--Pulaski County; Sheriff's salary _.______-_____.______________________._..___1995, 2190, 2611, 2621, 3365
--Pulaski County; Superior Court clerk's salary ___________________ 1992, 2187, 2469, 2480, 3150
--Pulaski County; Tax Commissioner's salary _____ 1992, 2188, 2469, 2481, 3154
--Putnam County; Tax Commis sioner's salary _.______.__.._.___.________ 1645, 1757, 2198, 2201, 2849
--Rabun County; Coroner's salary __.____- 3054, 3126, 3132, 3350, 3359
--Rabun County; Sheriff's salary _____________________.__,,._......__._.__ 3054, 3126, 3132, 3350, 3359
--Rabun County; Supervisor of Roads; salary ________________.._______.___.______.____.__.__..__._____._.853, 919
--Randolph County; Sheriff's salary ___._____...._..............._......__.............. 475, 568, 705, 712, 1388
--Richmond County; Ad Valorem tax for educational purposes; exemptions ______________ ..1735, 1881, 2468, 2474, 3363
--Richmond County; animal control; regulations . _ ,, .,, 917, 1015, 1561, 1564, 3362
--Richmond County; Board of Commissioners; membership ________.__._______________________.1641, 1754
--Richmond County; Board of Education; attorney _________________ 1305, 1373, 1660, 1667, 3362
--Richmond County; Board of Elections _,,_...___,,,,..______,,_..____..__. ______909, 1009, 1376, 1379, 3144
--Richmond County; Board of Tax Assessors; salaries _______________ 616, 693, 1561, 1563, 3361
--Richmond County; Civil Court _.____._____.__.. ____ _____________1371, 1478 --Richmond County; Civil Court;
amend Act creating ___________________ 2676, 2782, 2795, 3135, 3140 --Richmond County; Coliseum
Authority; create _______ ____________________616, 692, 1561, 1562, 3361 --Richmond County; consolidation
and merger of county and municipal governments; amendment to the Constitution _________________________________________ 2094, 2096, 2191 --Richmond County; convey certain property _________________________.1780, 1781, 1892, 2196, 2654 --Richmond County; convey certain property .___._.___.____._.________1781, 1781, 1892, 2196, 2653 --Richmond County; County Board of Tax Assessors; create ___________ 2676, 2782, 2796, 3349, 3353 --Richmond County; elected officials' salaries _________.__,,.__.___. .....2641, 2781, 2795, 3135, 3142 --Richmond County; employees and elected officials; compensation ___________________ 2709, 2782, 2796, 3135, 3137, 3379

INDEX

3857

HB 1073

--Richmond County; governmental services .___.____.._______________._._.........________-____-------1738, 1883

HB 171

--Richmond County; hotels and motels; posting of rate schedules ___________________ .............__-___.171, 212, 1481, 1621, 3153

SB 178

--Richmond County; law librarian's salary ___.._..........._....______._______. 2484, 2544, 2607, 2800

HB 803

--Richmond County; Merit System

for employees ___.._ __

... 917, 1015, 1762, 1764, 3673

HB 1024

--Richmond County; Probation Officers .______________.............___-_______-_-~----.--_..-1641, 1754

HB 804

--Richmond County; Public Officer; additional powers _____________________-__--._.__-_,,_..__.--.--.--.917,1016

SB 328

--Richmond County; Sheriff's salary .. ........

2641, 2780, 2794, 3135, 3141

SB 99 SB 67

--Richmond County; State Court

Judge Emeritus; Social

Security Benefits

.. 2484, 2543, 2606, 3134, 3140

--Richmond County; State Court;

Judges' retirement benefits ..... 2484, 2543, 2606, 3134, 3140

HB 1023

--Richmond County; State Court; Judges' salaries ___..__.__..__.._....._. ... 1640, 1754, 2468, 2471, 3363

SB 66
HB 546 HB 551 HB 550

--Richmond County; State Court;

Trial Judges and Solicitors

Retirement Fund Act __________.... 2095, 2096, 2191, 2801, 3252

--Rockdale County; Commissioner's

salary .

.__. 542, 628, 862, 863, 1568

--Rockdale County; Coroner's

salary .

543, 629, 862, 865, 1569

--Rockdale County; Ordinary's

salary ..__.______..__.._._____._.._..._._.._.'._.... ......543, 629, 862, 864, 1569

HB 705

--Rockdale County; public defender's salary .... . ...... . .. .. 690, 794, 1022, 1028, 1777

HB 547

--Rockdale County; sheriff's salary .........................................__.._.___.543, 628, 862, 863, 1568

HB 548 HB 549 HB 552

--Rockdale County; Superior Court clerk's salary ._.............._.._......_ 543, 629, 862, 864, 1569
--Rockdale County; Tax Commis sioner; chief deputy .__..._...._.........._._._ 543, 629, 862, 864, 1569
--Rockdale County; zoning of annexed land ..........__._........ 544, 629, 862, 865, 2489, 2547

HR 204-832 --Spalding County; State Court; Superior Court; sureties _.____.._____.________1003, 1191, 2323, 2948

HB 254

--Stephens County; Coroner's salary .....................__.___._______.___.__._.___.__ 246, 311, 705, 706, 1385

HB 497

--Stephens County; Ordinary's Clerk; salary ___.___._.._.___.._.__....._____........469, 564, 643, 648, 1387

HB 496

--Stephens County; Sheriff's salary __...._...______.___..__........................... 469, 563, 643, 648, 1386

HB 1075 --Stephens County; State Court; terms _..__._._..._____.__.___1738, 1884

3858

INDEX

HR 59-178 --Stephens County; State-owned property; authorize lease _.__........___.....172, 213, 314, 376, 927
HB 495 --Stephens County; Superior Court Clerk's salary ,,______._._________.__.__.. 469, 563, 643, 648, 1386
HB 486 --Stewart County; Sheriff's deputies; salaries ___.________________.._._-_____467, 562, 643, 645, 1386
HB 1164 --Sumter County; Board of Education; reconstitute ___________ 1993, 2189, 2469, 2482, 3154
HR 267-1017--Sumter County courthouse bell; Secretary of State to procure appropriate plaque _____________ 1639, 1753, 2007, 2511, 3153
HB 739 --Sumter County; Ordinary's salary _-______.--___.__ 853, 919, 1485, 1487, 2232
HB 738 --Sumter County; State Court; salaries _.__.__.____ 852, 919, 1318, 1325, 2038
HB 740 --Sumter County; Treasurer's salary __________ 853, 919, 1485, 1487, 2232
HB 776 --Talbot County; Sheriff's expense allowance ___._. 911, 1011, 1376, 1383, 2356
HB 775 --Talbot County; Tax Commis sioner's salary ____..________._____.._.________911, 1011, 1376, 1383, 2356
HB 714 --Taliaferro County; Small Claims Court; create ___._______.._______._..._______784, 857, 1318, 1321
HB 515 --Tattnall County; Board of Commissioners; salaries ________.____.____ 473, 567, 705, 710, 1388
HB 516 --Tattnall County; Board of Education; salaries __________________________ 473, 567, 705, 710, 1388
HB 517 --Tattnall County; Sheriff's salary ___________.________._..______._________________._..474, 567, 705, 710, 1388
HB 518 --Tattnall County; Superior Court clerk's salary ...____._...____....._____..474, 567, 705, 711, 1388
HB 1187 --Taylor County; Board of Commissioners' salaries ___________ 2186, 2315, 2612, 2617, 3366
HB 1188 --Taylor County; Ordinary's salary ._--__..__..._. 2186, 2315, 2612, 2617, 3366
HB 1174 --Taylor County; Sheriff's salary __,,-_-._____._,,.. 1995, 2190, 2612, 2615, 3366
HB 1194 --Taylor County; Superior Court clerk's salary _____________________________ 2311, 2461, 2612, 2618, 3367

HB 1189

--Taylor County; Tax Com missioner's salary _______ 2186, 2315, 2612, 2618, 3366

HR 75-251 --Telfair County; county officers' eligibility; amendment to the Constitution ________________________________ 245, 310, 1201, 1215

SB 306

--Thomas County; Small Claims Court; create .....__....._._....._._.....___.1571, 1574, 1654, 3135, 3141

HB 940

--Tift County; Board of Commis sioners; Chairman's salary _______ 1474, 1556, 1763, 1770, 2848

HB 941

--Tift County; Board of Com missioners' salaries .__.___._.___.._______1475, 1556, 1763,1770, 2848

HB 532 HB 964 HB 531 HB 565 HB 564 HB 1230 HB 493 HB 494 HB 885 HB 883 HB 884 HB 948 HB 573 HB 1163 HB 1203 HB 1234 HB 659 HB 661 HB 658 HB 660 HB 1199 HB 1204 HB 1225 HB 716 HB 761 HB 719 HB 760

INDEX

3859

--Tift County; Board of

Elections _._.____.________________..-____._..______476, 569, 1022, 1024, 2847

--Tift County; Tax Commis

sioner's salary _.._.,,________ _______.___....1548, 1649, 1896, 1899, 2848

--Tift County; Voters'

registration list .._..______. _____________.____.476, 569, 1022, 1023, 3361

--Toombs County; Board of

Education; membership ____________________ 546, 631, 862, 866, 1774

--Toombs County; State Court;

salaries .-_---_

546, 631, 862, 866, 1774

--Towns County; sheriff's salary .............. 2603, 2791, 3349, 3354

--Treutlen County; Ordinary's

salary .__._.____.__.__________________________.__________-468, 563, 643, 647, 1773

--Treutlen County; Sheriff's salary ........468, 563, 643, 647, 1774

--Upson County; Chief Deputy

Sheriff's salary _ ,,.......... 1186, 1311, 1660, 1665

--Upson County; Ordinary's salary __________1186, 1310, 1660, 1664

--Upson County; Tax Commis

sioner's salary ____.__.__.........__._____________.___.1186, 1310, 1660, 1664

--Walker County; Ordinary's

office; salaries _______._._............._._.1545, 1646, 1896, 1898, 2634

--Walker County; State Court;

salaries ..__._____________..___....._..______..______. 548, 633, 1022, 1024, 177

--Walton County; Board of Commis

sioners; meeting dates ___.______...__..._....................__......1993, 2188

--Walton County; Board of

Commissioners; meetings _________ 2459, 2604, 2802, 2827, 3368

--Ware County; Superior Court

Clerk's salary ____________________________ 2604, 2791, 2994, 3003, 3675

--Washington County; Sheriff's

salary _____________________________________ ...........624, 698, 1202, 1209, 1777

--Washington County; Small

Claims Court; create _________._._.........624, 699, 1202, 1210, 1776

--Washington County; State Court;

salaries .._...__..__.._...__.___.__.____.__.____.____ 624, 698, 1202, 1209, 1776

--Washington County; Superior

Court clerk's salary .___ ___________________624, 699, 1202, 1210, 1776

--Wayne County; Board of Commis

sioners' salaries _________________ ...___......__..__.._..__________________2313, 2462

--Wayne County; Board of

Commissioners' salaries ________________________._________________2459, 2604

--Wayne County; Board of

Commissioners' salaries _,,...___,,_ 2602, 2790, 2993, 3001, 3674

--Webster County; Commissioner's

salary ................................................784, 857, 1318, 1321, 2848

--Webster County; Commissioner's

salary . _

_ 908, 1009, 1376, 1377, 2486

--Webster County; Ordinary's

salary ___-__--___-__________________-____.___________785, 858, 1318, 1322, 2848

--Webster County; Ordinary's

salary _____________________________________________ 908, 1009, 1375, 1379, 2486

3860 HB 718 HB 759 HB 717 HB 758 HB 29 HB 31 HB 30 HB 491 HB 563 HB 490 SB 231
HB 1025
HB 484 HB 373

INDEX
--Webster County; Tax Commis sioner's salary _____.____________.__785f 858, 1318, 1322, 2848
--Webster County; Tax Commissioner's salary ____________908, 1008, 1375, 1379, 2486
--Webster County; Treasurer's salary _____,,__,,____- _______ 784, 857, 1318, 1322, 2848
--Webster County; Treasurer's salary ..__,,__,,_-____,,,,_ 908, 1008, 1375, 1378, 2486
--Wheeler County; County Clerk; change provisions ........._______________.___...._105, 139, 488, 488, 925
--Wheeler County; Ordinary; provide clerk _.____._..._._____._.__.__________106, 139, 488, 489, 925
--Wheeler County; Sheriff's salary _______-____-___-_____.-_________..___.105, 139, 488, 488, 925
--Wheeler County; Superior Court Clerk's salary ___________.__.___468, 563, 643, 646, 1773
--Wheeler County; Tax Commissioner; assistant _______________ 546, 631, 862, 865, 1774
--Wheeler County; Treasurer's salary _____--________________.__________468, 563, 643, 646, 1773
--White County; Water and Sewerage Authority; create ................1390, 1393, 1480, 3135, 3138, 3378
--Whitfield County; Industrial City; create within Whitfield, Murray and Gordon counties ______ 1553, 1654, 2468, 2475, 3300, 3313
--Wilkes County; Superior Court Clerk's salary ________-_-______.___.___..______466, 562, 643, 644, 1389
--Wilkes County; Tax Commissioner's fees -__-_.____,,__,,,,___ 341, 419, 488, 493, 1385

COUNTY BOARDS OF HEALTH

HB 817 HB 360 HB 602

--Appeals and judicial review; appellate procedure ______________________________ 1000,1189, 2464
--Local Health and Rehabilitative Services Act of 1973; enact ____ __338, 417, 1020, 1471, 1925
--Unfit dwellings; suspension of duty to pay rent ________,,,,,,________________,,__,,______,, 554, 638

COUNTY MANAGERS

SB 102

--Boards of commissioners may create office ______________.___1670, 1671, 1758, 3135, 3618

COURT OF APPEALS

SB 29

--Interlocutory appeals upon petition ___,,-______ __ _____.___._______1105, 1109, 1196, 1482, 3214

INDEX

3861

HB 131 --Interlocutory appeals upon

petition ..........................

........... 135, 182, 766, 1113

HR 40-135 --Judges; composition and election;

amendment to the Constitution __________......-..._._.___________.136, 183

SR 12 --Judges; election and composition;

amendment to the

Constitution

_.

1513, 1514, 1558, 1761, 3059

HR 41-135 --Judges; eligibility; amendment

to the Constitution ______.._. __ _.___________________137, 183

HB 187 --Judges; non-partisan election __________ 198, 251, 1021, 1724, 1784

HB 312 --Judges; salaries and allowance _______________________________________ 297, 357

HR 233-930 --Public Service Commission; review of

orders; amendment to the Constitution _____________ 1473, 1554

COURTS HB 158 HB 157 SB 237
HB 294 HB 293 HB 295 HB 1084 HB 459 HB 131 SB 29
SB 300 SB 53
SB 22 SB 91 HB 529 HB 860 SB 207

--Adoption; change of name; parent's

consent ___________________________ 167, 208, 487, 1446, 2359

--Adoption; investigation and report; amend laws _______ 167, 208

--Adoption; parent's failure to provide

support in excess of 24 months considered

abandonment and consent to adoption

not required ......_-._._____..............-___________.........1913, 1916, 2000

--Alcovy Judicial Circuit; Court

Reporter _........_.._......_.._... .___ 294, 355, 487, 576, 3371

--Alcovy Judicial Circuit; Judge's

salary

._.___._.._

293, 354, 1199, 1206

--Alcovy Judicial Circuit; Judge's

salary ________ 294, 355, 1199, 1207

--Alimony; out-of-state judgments ,,________________. ___1740, 1885

--Alimony; revision upon petition; service

upon nonresident by certified mail __________________________ 461, 558

--Appeals; interlocutory appeals upon

petition ..-.........______________.._......_______________.__ 135, 182, 766, 1113

--Appeals; interlocutory upon petition; Supreme

Court and Court of Appeals ... . ................1105, 1109, 1196,

1482, 3214

--Appeals; transfer of prisoners while

appeals are pending _.__.___________..._...._________ 2235, 2238, 2318

--Atlanta Judicial Circuit; Assistant District Attorneys; retirement benefits ................... ......._.........__.1106. 1109, 1197, 3349, 3351

--Atlanta Judicial Circuit; Deputy district attorneys ..__________....._...__________ 374, 375, 425, 705, 715

--Attorneys; unlawful practice of law _______ 928, 930, 1018, 2800

--Augusta Judicial Circuit; Judges' salaries ._._................____.._..........______________... 476, 569, 705, 713

--Bad faith; attorney's fees .._.........._____________..__.........._ 1181, 1307

--Bad faith; attorney's fees ____....__ 1914, 1917, 2001, 2467, 3392

3862

INDEX

HB 3 --Bail bond; deposit of driver's license for

arrest of minor traffic violation----.--.58, 77, 121, 152, 494,

801, 873, 2127, 2360, 3108, 3376

HB 174 --Bail Bond; deposit of driver's license for

arrest of minor traffic violations ------------------ 171, 212

HB 666 --Bail bond; eligibility _----_------

625, 699, 2194

HB 377 --Bail bond; offenses involving

narcotics ------------_-._...._. 342, 420, 640, 1132, 3360, 3383

HB 913 --Bail bond; regulate business _--.....------------ 1369, 1477, 1784

SB 31 --Bail bond; rights of person refused

bail to be heard ----------------1105, 1109, 1197, 1328, 2991,

3598, 3681

SB 338 --Bail bond; sureties; compensation---- 2642, 2780, 2794, 2802

SB 48 --Bastardy proceedings; mother and

father .__------__----------__._______..._. 927, 929, 1017, 2799, 3305

HB 976 --Blue Ridge Judicial Circuit; Assistant

District Attorney's salary ....... 1550, 1651, 1659, 1766, 3151

HB 822 --Capital felonies; trial on accusation;

waiver of indictment ...___.--------------_ ......1001, 1190, 2194

HB 657 --Chattahoochee Judicial Circuit; District

Attorney's salary ____,,__--.--------------------------._. 623, 698

HB 1219 --Cherokee Judicial Circuit; Court Reporter's

salary .--------------._-. 2601, 2789, 2993, 2999, 3673

HB 1220 --Cherokee Judicial Circuit; Office of

Investigator ____________________.2601, 2789, 2993, 3000, 3673

SR 13 --Civil and criminal cases; jury panels;

amendment to the Constitution.----_. 1107, 1108, 1196, 2800

HB 947 --Civil and criminal cases; notice of appeal;

concise statements _----------__.___1544, 1646, 1761, 2589, 3678

HR 37-135 --Civil and noncapital criminal cases; juries;

amendment to the Constitution _______..__. _____________ 136, 183

HB 129 --Civil cases; consolidation of actions involving

common question of law or fact ___________ ............ 135, 181

HB 33 --Civil cases; consolidation; separate trials ... _. ..... 106, 139,

365, 446

HB 53 --Civil cases; motor vehicle accidents; service of

summons by publication _____________________________ 110, 142

SB 39 --Civil cases; trial proceedings __________ 414, 431, 486, 2800, 3540

HB 823

--Clayton Judicial Circuit; Court Reporters; employ 3 additional _______ 1001, 1190, 1486, 1493, 2850, 2895

HB 345

--Clayton Judicial Circuit; Judges' salary supplements ..........--...__..----....,,... ... 303, 363, 487, 577

HB 794 --Cobb Judicial Circuit; Court Reporters ..... ___ 915, 1014, 1486, 1490, 2633, 3104
HR 76-251 --Cobb Judicial Circuit; State Librarian to furnish certain law books ... ______________________ 246, 311, 704, 1262, 3677

HB 9

--Condemnation proceedings; continuances for members of General Assembly .......... ___ 59, 78, 120, 154, 649

HB 8

--Condemnation proceedings; special master; compensation _____________________________ 59, 78, 121, 154, 262

INDEX

3863

HB 7 --Continuances for members of General

Assembly ............____.____....______._____...59, 77, 120, 153, 650, 650

HB 851 --Cordele Judicial Circuit; Official Court

Reporter's salary ....._.._..___. ...1006, 1194, 1762, 1767, 2487

HB 850 --Cordele Judicial Circuit; terms -.1006, 1194, 1561, 1566, 3372

HB 312 --Court of Appeals; Judges; salaries

and allowance ._.._.._._.._.___..______._____...................._.._________297, 357

HR 233-930 --Court of Appeals; Public Service Commission; review

of orders; amendment to the Constitution ____________1473, 1554

HB 419 --Courts of inquiry; criminal cases; unsworn

statement _______________________________________________________________ ____406, 479

HB 274 --Courts of Ordinary; traffic cases; use of funds for

law libraries ____________..__.___...__...288, 350, 428, 519, 2043, 2122

SB 159 --Coweta Judicial Circuit; add one judge _.......... 2235, 2239,

2318, 2467

HB 126 --Crimes punishable by death; accused rights to be

heard by grand jury ______________________ ......_.._.._._.134, 181, 531

HB 133 --Criminal cases; discovery and inspection of

documents _

__ . . _______________ 135, 182

HB 127 --Criminal cases; judge shall fix and impose

sentence

_

.. 134, 181, 258, 573

SB 32 --Criminal cases; motion for discovery and

inspection __ 2039, 2095, 2190, 2802, 3110, 3160, 3520, 3679

HB 37 --Criminal cases; representation for indigent

persons __________________: 107, 140, 1201, 2139, 2229, 2881

HB 95 --Criminal cases; State's right to appeal

126,175,258,

398, 1570

HB 13 --Criminal cases; unsworn statements _ 60,78,640,880,2358

HB 134 --Criminal cases; unsworn statements

......... ... 135, 182

HB 419 --Criminal cases; unsworn statement

....... ..........406, 479

SB 25 --Criminal cases; unsworn statements

927, 929, 1017

HB 132 --Criminal cases; witnesses; immunity from

prosecution

.... _ 135, 182, 573, 1171

HB 915 --Criminal Code; abortion

1369, 1477, 2610, 2888, 3591,

SB 87

3605, 3614, 3624 --Criminal Code; abusive or obscene language .. .............928, 930,

SB 23 --Criminal Code; altered identification marks

1018, 3134 414, 431,

486,2466

HB 440

--Criminal Code; amend relating to improper

advertising of goods ......... .........

_______ 410, 483

SB 86 --Criminal Code; bad checks; deceptive practices .......928, 930,

SB 279 SB 175

1018, 2800 --Criminal Code; bingo games ........1513, 1515, 1559, 2004, 3022 --Criminal Code; criminal possession of firearms 2635, 2779,

HB 12

2793 --Criminal Code; death penalty ___ 60, 78, 148,328, 487, 594, 1327

SB 85

--Criminal Code; interchanging labels or price tags ..... ________________________________ 2644, 2777, 2792, 3133

HB 763

--Criminal Code; multiple prosecutions for same

conduct

.........

...... 909, 1009, 1761, 2588

3864

INDEX

HB 473 SB 371 SB 88 HB 640 HR 25-98
HR 44 SB 45 HB 445
HB 235 HB 1085 HB 456 HB 105 HB 417 SB 26 SB 197
HB 28 HB 960 SB 46 HB 579 SB 21 SR 84 SB 296 HB 1112

--Criminal Code; penalty for carrying pistol without

license ____________________.__....______._.___..____._..-_... 463, 559

--Criminal Code; possession of weapons;

exemptions ___.____________-________________.________.2492, 2546, 2609, 2802

--Criminal Code; weapons; blank cartridges-.2642, 2777, 2792

--Criminal procedure; demand by accused for trial -.620, 695

--Death sentence; cruel and unusual punishment;

amendment to the Constitution _____,,._,,___,,__.___________ 127, 175

--Death sentence; imposition; urge Congress to propose

amendment to the U. S. Constitution ______________________ 149, 428

--Dismissal of suits pending for a period of three

years ._,,.__...___. ___...___...-------- 369, 375, 426, 2196

--District Attorneys' Association of Georgia;

Office of Prosecution Coordination __..._. 411, 483, 487, 594,

2194, 2655

--District Attorneys' Retirement Fund; creditable

service

_.__._........_...

242, 308, 1657

--Divorce; custody of minor children ___..__.__._...____.___.1740, 1885

--Divorce; total divorce; additional grounds ........461, 557, 1201,

1864, 2636

--Dougherty Judicial Circuit; Judge's salary ...... 130, 177, 314,

368, 716

--Drug offenders; maximum punishment for

certain offenses ___.___..__..__.._.._._________.___.___......_.._...___._...406, 479

--Felony cases; jury panels .._.----..-.. 369, 375, 426, 2196, 3113

--Felony cases; minors; plea of nolo contenders -- 1912, 1915,

2000

--Felony cases; sentence review of cases where

death penalty imposed _______._.._,,______________--_------____76, 116

--Flint Judicial Circuit; Assistant District Attorney's

qualifications ___.__-___-_.______.._____.__.-_____~1547, 1648, 1761, 1771

--Georgia Civil Practice Act; dismissal of suits ._. 369, 375, 426

--Georgia Crime Information Center;

establish __...___.._..__..__.____..........__...549, 634, 1483, 2112, 3372

--Georgia Records Act; vital records .---- 369, 374, 425, 2991,

3537, 3680

--Grand and traverse juries; selection; amendment

to the Constitution _...______..__....._.__._______._.._._.2542, 2778, 2792

--Grand and traverse jurors; selection .__.______..___ 2543, 2779, 2793

--Grand juries; number of grand jurors; alternate grand

jurors

..... --.----_--- 1745, 1889, 2466

SB 252

--Grand juries; qualifications; elected public officials -._....._.-.--...-.-...._.-- 2642, 2779, 2793, 2991, 3254

SB 206 --Grand juries; special charges _______ 1779, 1782, 1892, 2196, 3248

HB 704

--Griffin Judicial Circuit; salaries ....._____ 690, 794, 1201, 1214, 2946, 3407

HR 201-779 --Gwinnett Judicial Circuit; law books

912, 1011, 1761, 2592, 3675

HB 671

--Habeas corpus petitions for writ; waiver of grounds not claimed ..... .--..-.626, 700, 780, 1199, 1355, 3677

INDEX

3865

HB 357
HB 886 HB 275 HB 65
HB 187

--Habeas corpus petitions; jurisdiction and

venue .

..

.----_._.. 338, 416, 487, 739

--Habeas corpus petitions; verifications 1186, 1311, 1761, 2551

--Insurance cases; bad faith; liability of insurer

for damages and attorney's fees ...._._._._.._.._......._._._...288, 350

--Judges of corporate, police, recorders' or

mayors' courts; appointment .....__ 113, 145, 148, 186, 2040

--Judges of Superior Court and Court of Appeals;

Justices of Supreme Court; non-partisan

election .._._..........._.......................... 198, 251, 1021, 1724, 1784

HB 279 SB 30

--Judicial Circuits; Assistant district attorneys'

salaries .--

.--.....__...------............__... 289, 351, 2611

--Judicial Council of the State of Georgia;

create ........._......____..._____... 1328, 1329, 1374, 1760, 2047, 2359

HB 128 --Judicial Council of the State of Georgia; create ----134, 181 HR 41-135 --Judicial Nominating Commission; create; amendment

HR 198 HB 125

to the Constitution ......--------_...----------------137, 183 --Judicial Retirement Study Committee; create ----.-812, 1761 --Jurors; examination shall be by the judge 134,181,797,1272

HB 130 HB 44 HB 314 HB 449
HB 45 HB 47HB 465
HB 754
SB 259 SB 135
HB 48

--Jurors; examination shall be by the judge ................135, 182

--Jury commissioners; appointment -._-..-....._____.-_____-__--..108, 141

--Jury commissioners; salaries ____.__.____.___________297, 357, 797, 951

--Jury duty; exemptions for State Board of Corrections

and Department of Offender Rehabilitation

personnel

.

...... .412, 484

--Jury lists; revise annually ......... ............._._............._._ 108, 141

--Jury lists; revisions ............................ 108, 141, 314, 400, 1225

--Jury panels; number of strikes allowed-463, 558, 1021, 2918

--Justices of the Peace Study Committee report .............. 3718

--Juvenile Court Code; community rehabilitation

centers _...._..._......_......................._._.856, 921, 1656, 1857, 2852

--Juvenile Court Code; detention of minors ... 1772, 1783, 1893

--Juvenile Court Code; judges' expenses

--1106, 1110,

1197,2799

--Juvenile Court Code; jurisdiction -------109, 141, 721, 1657,

HB 584 HB 903 SB 190

2158, 3604, 3608 --Juvenile Court Code; jurisdiction ..... ...... ----550, 635, 721 --Juvenile Court Code; jurisdiction .. . ---..1305, 1373, 2193 --Juvenile Court Code; jurisdiction ............_...._..1912, 1915, 2000

HB 554

--Juvenile Court Code; jurisdiction over any child

under 17 years of age ...

._....._._............ 544, 629, 721

HB 506

--Juvenile Court Code; voluntary consent of parent to adoption of child ...------471, 565, 703, 1168

HB 553

--Juvenile Courts; penalty provisions relating to certain youthful offenders ... ..... 544, 629, 721, 1656, 2166, 3380,3572

HB 400

--Law enforcement officers; not compelled to divulge home address .--------.------.346, 423, 641, 958, 3011

HB 389

--Macon Judicial Circuit; District Attorney's salary ...... .. .... . .304,363,488,493,1328,2135,2639

3866

INDEX

HR 31-98 --Misdemeanor cases; jury of 6 persons; amendment

to the Constitution _________.___________.____________.128, 176, 428, 496

HB 924 --Misdemeanor cases; sentences served on

weekends --...........----------------------.___--------1371, 1478

SB 365 --Mountain Judicial Circuit; District Attorney;

investigator --------._..----------2846, 2979, 2988, 2993, 3142

HB 1074 --Mountain Judicial Circuit; terms of court -------1738, 1883

HB 70 --Newspapers; preservation of advertisements;

ordinaries, clerks of the superior courts

and sheriffs .---.--.---------------------114, 146, 259, 322

HB 135 --Office of State Defender; establish ------...----136, 182, 573

HB 69 --Ordinaries and Courts of Ordinary; use of

photostatic equipment --------------------114, 146, 259, 320

HB 250 --Ordinary Courts; law libraries; fees -

-- . 245, 310

HB 236 --Parole; eligibility after second or subsequent

offenses ------------,,...------------------------------ 242, 308

SE 46 --Pattern Jury Instructions Study Committee;

create -----------------.._----------------1391, 1392, 1479, 1761

SB 38 --Peace Warrants and Behavior Bonds; repeal

Code Title ._..__._.__..._...._ .... 1779, 1781, 1891, 2196, 3197, 3381

SB 355 --Plea bargaining; provide for ___.......__... 2636, 2780, 2794, 2991

HR 289-1068--Private property for public purposes; court costs

and attorney's fees; amendment to the

Constitution ---__.--------,,_.__..____------------___.------1737, 1883

HB 946 --Records and public documents of other states;

how proved ----------------------1544, 1646, 1761, 2589, 3678

HR 27-98 --State Court of Claims; create; amendment to the

Constitution -.-----------------------127, 176, 365, 435, 3150

HB 1027 --Statewide Probation Act; judge may probate pre

determined sentence .----------....--

-- _ 1641, 1754

HB 1086 --Stone Mountain Judicial Circuit; add one

judge _ -

------- ,,........__......___.1741, 1885

HB 582 --Stone Mountain Judicial Circuit; Court Reporter;

clerical employees .._._......_.._._._.. 550, 634, 1201, 1207, 2036

HB 17 --Stone Mountain Judicial Circuit; DeKalb County

Superior Court; terms _._._.__._._........._._.61, 79, 258, 315, 1224

HB 583 --Stone Mountain Judicial Circuit; judge's

salary ----

. 550, 634, 1201, 1208

HB 581 --Stone Mountain Judicial Circuit; official court

reporter's salary --------------------550, 634, 1201, 1207, 2036

HB 75 --Superior, City or State Courts; probation offices;

State Employees' Retirement System ...._...._.... ........115, 147

HB 199 --Superior Court Clerks; civil cases; fees ___.... ..200, 253, 1199

HB 482

--Superior Court Clerks; filing and indexing

maps and surveys ----------

_. --------------466, 561

HB 318

--Superior Court Clerks; minimum salaries . .... ------.----.298, 358, 574, 677, 719, 1316, 1471, 1535, 2894, 2914

HB 530 --Superior Court Clerks; office hours _...._......_._._._.____.__.476, 569

HB 323 --Superior Court Clerks; retirement benefits . ---- 299, 359, 2639

INDEX

3867

HB 591 --Superior Court Clerk; traffic violations;

HB 580
SB 236
HB 383
HB 379 SB 42
HB 159 HB 240 HB 32
SB 136

submission of certain data _______.-- .__.._._. __.__.__552, 636 --Superior Court; dependent children; District Attorney
required to represent plaintiff ........... 550, 634, 1656, 1820 --Superior Court; dependent children; District Attorney
required to represent plaintiff .........__.____1779, 1782, 1893, 2466, 3587
--Superior Court; Judge Emeritus; compensation for certain duties _._.__...___ ________.__________.304, 363, 1560, 1729, 3371
--Superior Court; Judge Emeritus; eligibility _...........304, 363 --Superior Court; Judge Emeritus;
widows' benefits ________________________________575, 576, 640, 2006, 3609 --Superior Court; Judge Emeritus; widows' benefits ____ 167, 209 --Superior Court; Judge Emeritus; widows' benefits ... 243, 309 --Superior Court; Judges and District Attorneys;
salaries ..__... ._..._.._....._.___..............._......... 106, 139, 1484, 1576 --Superior Court; Judges and District Attorneys;

HB 559

compensation

..... 870, 874, 922, 2466, 3389

--Superior Court; Judges; request by senior judge for

services by another judge

.... 545, 630, 1482

HR 39-135 --Superior Court; jury selection; amendment to the

Constitution .______________________...........________________... 136, 183, 573

HB 138 --Superior Court; State Employees' Retirement System;

State-paid employees ......_._._._..._..........._.__138, 184, 2611, 2879

HR 40-135 --Supreme Court and Court of Appeals; changes;

amendment to the Constitution ......_..._........._....... 136, 183

SB 367 --Supreme Court; appointment of bar

examiners .

_

. 2491, 2546, 2608, 2991

SR 12 --Supreme Court; jurisdiction; Court of Appeals

Judges' election and composition; amendment to

the Constitution .................._ 1513, 1514, 1558, 1761, 3059

SR 131 --Supreme Court; review of rate orders of the

Public Service Commission; amendment

to the Constitution .. _____

... 2851, 2979, 2988

HB 322 --Tallapoosa Judicial Circuit; salaries _________

299,359

HB 1176 --Tallapoosa Judicial Circuit; Special Investigators;

powers .......

_________ ...... 1995, 2190, 2196

HB 1067 HB 63

--Torts; homicide of husband or father ............. 1737, 1882 --Torts; homicide of husband or parent; widow

may release wrongdoer

113, 145, 314, 396, 1225

HB 56 --Torts; motor vehicle collisions; personal injury

and property damage ______ 110, 143, 259, 393, 1225

HB 76 --Traffic offenses; additional and alternative

punishment .....

............. 115, 147, 366, 538

HR 38-135 --Unified Judicial System; amendment to the

Constitution _

........136, 183, 185, 220, 260, 261

SR 11 --Unified Judicial System; amendment to the

Constitution

494, 495, 571, 573, 741, 872

HB 38 --Uniform Arbitration Law; establish

107, 140

HB 734 --Uniform Enforcement of Foreign Judgments in

Georgia Act; enact

789, 861, 1659, 2501

3868

INDEX

HR 42-135 --Venue of all cases; amendment to the Constitution ____137, 183 SR 10 --Venue of all cases as provided by law; amendment
to the Constitution .__...................__........._.............370, 374, 425 HB 425 --Video recording equipment; testimony .__.____408, 480, 797, 1284

COURTS OF ORDINARY

HB 274 HB 69

--Law libraries; traffic cases; use of funds ______..288, 350, 428, 519, 2043, 2122
--Photostatic and photographic equipment; use of ________________ ___._._.___...__._______________________114, 146, 259, 320

COVINGTON, CITY OF

HR 205-832 --Parking Authority; create; amendment to the

Constitution ,,_______,,__

1003, 1191, 2007, 2018, 3370

COW ART, MRS. NANCY NIX HR 51-161 --Compensate --_---__-,,_-----__--__

168, 209

COWELL, WILLIAM P. HR 79-262 --Compensate ________._,,_____________.,..___________ 248, 313, 2002, 2245, 3157

COWETA JUDICIAL CIRCUIT SB 159 --Add one judge ,,________,,._,,_______________________ 2235, 2239, 2318, 2467

COWS HB 994

--Exemption of property from taxation _______ 1634, 1749, 2324, 2557, 3374

CRAWFORD COUNTY

HB 836 HB 835

--Small Claims Court; jurisdiction ________________1003, 1192, 1762, 1767, 2487
--Superior Court Clerk's salary _____ 1003, 1192, 1660, 1663, 2488

CREDIT HB 91

--Credit institutions; prohibit any discrimination ........126, 174, 2464

HB 263 HB 536
HB 925

INDEX

3869

--Georgia Credit Code; provide for ___.__________._______.______249, 313 --Lender Credit Card Act; method of computing
finance charges ,,.,,_------__.,,._._..__.__..._.....All, 570 --Lender Credit Card Act; method of computing
finance charges --.__----.....___.....______...--.______..____..1371, 1479

CREEL, COACH WAYMAN HR 301 --Commend ..........._......._._._..........._..__.___..__......._.___.___.___.___.__._._.2102

CRIME INFORMATION CENTER HB 579 --Establish ___.._.......___...__.......__.............549, 634, 1483, 2112, 3372

CRIMES

HR 64-202 --Aircraft hijacking; State Board of Pardons and

Paroles; amendment to the Constitution ______.._...._201, 254

HR 68-202 --Armed robbery; parole prohibitions; amendment

to the Constitution __.__________.._________._________....___...___.___.__202, 254

SB 86 --Checks; deceptive practices; Criminal Code ________.928, 930,

1018, 2800

HB 68 --Checks or drafts; prosecution ........114, 146, 428, 502, 1225

HR 7-27 --Compensation of innocent victims of violent

crimes; amendment to the Constitution ________63, 81, 314, 438

HB 126 --Crimes punishable by death; accused rights to be

heard by grand jury ___....................___..............._.134, 181, 531

SB 23 --Criminal Code; altered identification marks ____________414, 431,

486, 2466

HB 440 --Criminal Code; amend relating to improper

advertising of goods ___,,___________---_____... ._______________________410, 483

SB 85 --Criminal Code; interchanging labels or price

tags ..__.....-................._-_._.__-..__..-......._.2644, 2777, 2792, 3133

SB 176 --Cruel treatment of children; reports by school

system employees -_.______..__._-.-..-........._____-.......1225, 1227, 1312

HB 375 --Cruel treatment of children; reports by school

system employees __.,,_._.,,_......--......341, 419, 1020, 1248, 2041

HB 72 --Deadly weapons; negligent discharge at a human

being ___.-_..........._._..-__......._._.-..._._____..........___.llB, 146, 1659

HB 417 --Drug offenders; maximum punishment for certain

offenses _._...................__._..___...._....................._..........__.__..406, 479

SB 251 --Drug sellers; rewards for arrest and

conviction ,,_,,._....,, 2042, 2096, 2191, 2800, 3117

SB 175 --Firearms; criminal possession; amend Criminal

Code

.-........__. 2635, 2779, 2793

SB 378 --Hit-and-run drivers causing injury or

death; felony __.__.__.._____.._.___.____________.._.2709, 2784, 2797, 3134

HB 1067 --Homicide of husband or father; torts _...________________1737, 1882

3870

INDEX

HB 63 --Homicide of husband or parent; widow may

release wrongdoer _,,___..__..._..__ 113, 145, 314, 396, 1225

HB 370 --Hypnotism, mesmerism; prohibit use except

under certain circumstances ___.__.____.___ 340, 418, 1314, 2163

HR 66-202 --Kidnapping; parole prohibitions; amendment to the

Constitution

........__................. 202, 254

HB 93

--Knives; use of during commission or attempt to commit a felony __,,_.._..._...,,.,,________ __126, 174, 2005

SB 14

--Marijuana; penalty for possession _______ 494, 495, 571, 1760, 3016, 3088, 3262, 3266,

3290, 3300, 3332, 3376

HB 12 --Murder; death penalty; provide for imposition ___________________________ 60, 78, 148, 328, 487, 594, 1327
HR 88-280 --Murder or rape; parole prohibitions;

amendment to the Constitution __________________________ 290, 352

HR 365

--National Crime Commission; Congress urged to create ________________________________________________ 2868, 3150

HR 89-280 --Perjury; parole prohibitions; amendment to the Constitution _____...._................. 291, 352

SB 220

--Property damage; malicious or willful destruction by minors .___--_--------------------1512, 1515, 1558

HB 16 --Property; penalty for criminal damage ..............__..60, 79, 119 HR 67-202 --Rape; parole prohibitions;
amendment to the Constitution .__.............._.._._._._.._. 202, 254

SB 400

--Shoplifting; unwarranted false

arrest suits

..............__......,,.__ 2851, 2981, 2989

HR 65-202 --Sodomy; State Board of Pardons and Paroles; amendment to the Constitution .___.,,___,,___ 201, 254

SB 371

--Weapons, possession of; amend Criminal Code relating to exemptions ________.. 2492, 2546, 2609, 2802

CRIMINAL CODE

HB 915
SB 87
SB 23
SB 279
HB 473 HB 71
SB 25 HB 13
HB 16 HB 72
HB 12
HB 28

--Abortion; define criminal abortion _ _1369, 1477, 2610, 2888,

--Abusive or obscene language;

3591, 3605, 3614, 3624

breach of the peace .......... _______ --Altered identification marks;

928, 930, 1018, 3134

criminal use ______________________________._________________414, 431, 486, 2466

--Bingo games; amend relating to

nonprofit bingo games ______ _____1513, 1515, 1559, 2004, 3022

--Carrying pistol without license; penalty __.._____________.__463, 559 --Concealed weapons; District Attorneys

and Assistant District Attorneys ___________ 114, 146, 366, 523

--Criminal cases; unsworn statements _____.__...._.___ 927, 929, 1017

--Criminal cases; unsworn

statements ._____________._____________....._______60, 78, 640, 880, 2358

--Criminal damage to property; penalty _________________.60, 79, 119

--Deadly weapons; negligent discharge

at a human being _____________________._.___________.__________115, 146, 1659

--Death penalty; provide for

imposition __._.._.____________._.____60, 78, 148, 328, 487, 594, 1327 --Death penalty; sentence review of cases

where penalty imposed _____---__.___________________________.__.______76, 116

SB 86 HB 440
SB 175 HB 370
HB 93 SB 85
HB 191
HB 763
HB 190
HB 149 HB 706
SB 88 SB 371

INDEX

3871

--Deceptive practices; bad checks ___-______..._928, 930, 1018, 2800

--Deceptive practices; improper

advertising of goods _,,--------_.----_--------__----.410, 483

--Firearms; criminal possession __,,------______--.2635, 2779, 2793

--Hypnotism and mesmerism; prohibit use except under certain circumstances _____ 340, 418, 1314, 2168

--Knives; felony cases ________________________._____--126, 174, 2005

--Labels or price tags; penalty

for interchanging .._........._________.----.__ 2644, 2777, 2792, 3133

--Motion picture theatres;

display of obscene

scenes

_ 198, 251, 703, 1245, 3380, 3541

--Multiple prosecutions for same

conduct; verdicts ._.____.......__ 909, 1009, 1761, 2588

--Pistols or revolvers;

license applications __________ .___________.___.._,,.__. 198, 251, 1200, 1358

--Sunday Business Activities Act; repeal ..___.___________--165, 207

--Sunday business activities;

exceptions __..________..________ 690, 794, 1199, 1629, 2194, 2952

--Weapons; blank cartridges _-_____________..-_____._.2642, 2777, 2792

--Weapons; exemptions; National

Firearms Act .___._____.__....._________.._..._.______ 2492, 2546, 2609, 2802

CRIMINAL JUSTICE ACT

HB 37

--Indigent persons; representation _____

107, 140, 1201, 2139, 2229, 2881

CRIMINAL LAW STUDY COMMITTEE

HR 212 SR 66

--Commend ------_________----__._____----__________----_____....------1136, 1326 --Commend _.----_._________-_____.___----.__________----________.----___----650, 813

CRISP COUNTY

HB 1040 HB 958

--County officers' salaries _________ 1643, 1756, 2802, 2822, 3363 --Small Claims Court; create ----..1547, 1648, 1896, 1898, 2635

CRITICAL AREAS ACT OF 1973

HB 467 --Enact

____._._____.__.__.__.___,,_._,,___ 413, 485

CHOKER, HONORABLE JAMES WILLIAM, JR. HR 223 --Express sympathy for passing of ____----______,,___--_______--.___1144

CROSBY, DR. WILLIAM S. HB 281 --Express sympathy for passing of ----------------------_~1687

3872

INDEX

CROSS AND GREEN, CITY OF SB 219 --Incorporate _.____._....__._._______........._.............................925, 929, 1019

CRUMBLEY, MRS. MARIE HR 18-58 --Compensate ___..._.._...__....._.._..._._____.___.lll, 144, 2002, 2243, 3158
CURTIS YOUNGBLOOD FORD, INC. HR 153-604 --Compensate .....-.-.....-.....-.....--.----BSB, 638, 2003, 2249, 3156

D

DADE COUNTY

SB 322 HB 218
SB 324 SB 323

--Commissioner's salary --------..-1772, 1783, 1893, 2803, 2831 --Dade County Water Authority;
members' appointment _.__..._.__.239, 305, 487, 490 1326, 1604 --Ordinary's salary ___.___.___...________._.1772, 1784, 1893, 2803, 2831 --Sheriff's salary _._..__..__.__..____._..._..1772, 1783, 1893, 2803, 2831

DAHLONEGA, CITY OF SB 414 --Recorder's qualifications ___......___.3054, 3126, 3232, 3349, 3359

DAIRIES AND DAIRY PRODUCTS

SR 76

--Milk; support price for manufacturing ___.________.________._.____1391, 1392, 1479, 1894, 3252

DALTON, CITY OF

HB 544 HB 262
HB 545

--Mayor and Council; salaries.-478, 571, 2198, 2219, 3159, 3271 --Pension plan for officers and
employees __________________________._.._..-...........248, 313, 488, 492, 926 --Recorder's salary __....__________....478, 571, 2198, 2220, 3159, 3272

DAMS HR 375

--Richard B. Russell Dam and Reservoir; urge completion ..............................................3263

DARIEN, CITY OF HB 664 --Mayor and Council; salaries ..........625, 699, 1319, 1320, 3143

INDEX

3873

DASHER, TOWN OF HB 651 --Corporate limits

.... 622, 697, 1022, 1026, 3361

DAVIDSON, HONORABLE JAMES P.
HR 104-376 --Memorial marker erected along Richard B. Russell Scenic Highway _ _.._..342, 419, 429, 514, 1226

DAVIS, MRS. BETH HR 356 --Commend _._..........-..___-_....._____...,,._--._____-._.___._---.--_2860

DAVIS, MRS. ERA S. HR 53-161 --Compensate ._______._......._______..-..._.___.._-......-_-.....-_.____........168, 210

DAWSON COUNTY SB 403 --Sheriff's salary ...._._._......._._.____....2851, 2981, 2989, 3135, 3143

DEAD ANIMAL DISPOSAL ACT

HB 1038 HB 607

--Highway rights-of-way; Department of Transportation ___.......1643, 1756, 1894, 2494, 3159, 3335
--Redefine -...._.__.__.-....._____._...-._555, 639, 1313, 1471, 1531, 3012

DEALERS HB 277

--Marketing practices; regulate _____.___-.__..____._.___-_______--__280, 351

DEATH PENALTY
HR 25-98 --Cruel and unusual punishment; amendment to the Constitution ___.._____________________.___.______________________127, 175
HB 28 --Felony cases; sentence review of cases where death penalty imposed -------------___----_--~76, 116
HB 12 --Imposition; provide for ___._.__..60, 78, 148, 328, 487, 594, 1327 HR 44 --Imposition; urge Congress to propose
amendment to the U. S. Constitution ____,,________ 149, 428

DEBT, PUBLIC
HR 326-1199--Counties and municipalities; amendment to the Constitution ....._.__----.__._,,__2313, 2462

3874
SR 85 SB 358

INDEX
--Counties and municipalities; limitations; amendment to the Constitution ______________..__..,,----__._____,, 2679, 2783, 2796, 3135
--Georgia State Financing and Investment Commission; provide for _-------_.___.____._...,,,,_,,- 2679, 2783, 2797, 2992, 3264

DECEPTIVE PRACTICES

HB 440 HB 255

--Criminal Code; amend relating to improper advertising of goods _--__._._----_________-_._410, 483
--Unfair Trade Practices and Consumer Protection Act; enact __.__.______...247, 311, 1021, 1471, 1535, 1585, 1672, 1826

DEEDS HB 1238 HB 1016
HB 1032

--Apartment Ownership Act; contents of deeds ______,,__--3472 --Exercise of power of sale; alternative
method to authorization ________,,____--_..____-__.__1639, 1753, 2005 --Foreclosure of mortgage on
personalty _________._____,,_____............1642, 1755, 2005, 2754

DEER SB 156

--Hunting; safety precautions _.___ 2235, 2239, 2318, 2801, 3199, 3342, 3377

DEFENDER, STATE HB 135 --Establish Office of State Defender __._______~-._____.136, 182, 573

DEKALB COUNTY
HR 36-121 --Ad valorem tax for educational purposes; amendment to the Constitution _______-.,,--,,______,--133, 180
HB 19 --Atlanta, City of; reincorporate _._.--___--61, 79, 1022, 1047 HB 736 --Board of Education; non-partisan election .____________789, 861 HB 790 --Board of Elections .........._._...._.,,..... 914, 1013, 2993, 2995, 3673 HB 1072 --Commissioner districts ,,,,_,,_._____,,__-1738, 1883, 2612, 2621 HB 485 --Firemen; maximum hours _........____467, 562, 1762, 1763, 2485 SB 364 --Juvenile Court; judge's
salary ._.._.__....___,,__.__ 2485, 2546, 2608, 2993, 3005, 3378 HB 446 --Municipal streets
rights-of-way _...._.._-.-.._...-....._412, 484, 2468, 2475, 3369

INDEX

3875

HR 231-921 --Pari-mutuel betting; ordinance; amendment to the Constitution ------------------1370, 1478
HB 610 --State Court; law library _____--------556, 639, 1201, 1208, 2037 HB 609 --State Court; salaries ----------556, 639, 1201, 1208, 3143 HB 17 --Superior Court; provide for six
terms annually ...... -- .------...........61, 79, 258, 315, 1224

DELAMAR, HONORABLE W. FRANK HR 96 --Commend ---------------------------------------.._..____.273
DETENTION FACILITIES HB 79 --Minimum Standards ..------ 116, 147, 429, 611, 924, 1250, 2852

DENTISTRY HB 831
HB 857 HB 92
HB 699 HR 227
HB 304

--Board of Dental Examiners of Georgia; provide for .______.,,----.------------.____----------.1002, 1191
--Dental examination for students .......------.._- ..--1008, 1196 --Dental Examiners, Board of;
compensation .........--------_.... 126, 174, 702, 1291, 3009, 3027 --Educational requirements for license ..------.689, 793, 1655 --Insurance companies urged to offer
full coverage ....____...............------......----1148, 2004, 2869 --Insurance contracts to provide
comprehensive health care ----.1780, 1783, 1893, 2464, 2913

DEPARTMENT OF ADMINISTRATIVE SERVICES

HB 338 HB 341 HB 436 HB 321
HB 349 HB 435 HB 437 SB 358 HB 744 HB 471

--Commissioner's salary ________------------.._.------.....302, 362 --Commissioner's salary fixed by
appointing authority ______________________________....................303, 362 --Federal surplus property program;
transfer and consolidation --------------------------410, 482 --Fiscal Division; replace State
Treasurer as member of State Depository Board ..------....298, 359, 1019, 1275, 3360, 3482 --Grants to municipalities; street maintenance and traffic control ----336, 415, 572, 666, 1389 --Office space to all State departments and agencies; allocation ........__.._._.._.........._.--...__409, 482, 578 --Public authorities; transfer of State surplus property by negotiated sale --------------410, 482 --Public debt; Georgia State Financing and Investment Commission --2679, 2783, 2797, 2992, 3264 --State employees; fidelity bonds .------------.854, 920, 2801 --Telecommunications Consolidation Act of 1973 .....----------.----463, 559, 2196, 2589, 3372

3876

INDEX

DEPARTMENT OF AGRICULTURE

HB 201

--Treated Timber Products Act of 1973; enact .........__201, 253, 1313, 1579, 3008, 3100

DEPARTMENT OF AUDITS AND ACCOUNTS

HB 933

--Part of Legislative Branch of Government _ 1473, 1555, 2467, 2537, 3155, 3404, 3545, 3591, 3594, 3595, 3623, 3679

DEPARTMENT OF BANKING AND FINANCE

HB 833 HB 339 HB 340
HB 1233
HB 264

--Branch banking; population data ----------------.1003, 1191, 1313, 1471, 1533, 3011, 3099
--Commissioner's salary _____..----------------------_ 302, 362 --Commissioner's salary fixed by
appointing authority --___._-_______..__-._.__._____.___.__.___.303, 362 --Financial Institutions of Georgia;
enact _________________-_----_--------. 2603, 2791 --Securities Act of 1973;
provide for ____,,__._----.286, 349, 1019, 1296, 1395, 2636

DEPARTMENT OF COMMUNITY DEVELOPMENT

SB 277 HB 256 HB 430

--Area planning and development commissions; contracts ..----_.----------1780, 1782, 1892
--Bureau of State Planning and Community Affairs; functions transferred --247, 311, 315, 394, 3371
--State Office of Housing Section; create ------------------_408, 481, 1763, 2551, 2646, 2941

DEPARTMENT OF FAMILY AND CHILDREN SERVICES

HB 157 SB 197 HB 904

--Adoption laws; investigation and report ------------167, 208 --Felonies; plea of nolo contendere .__------1912, 1915, 2000 --Felons under the age of 17; Department
of Offender Rehabilitation --------_...__.._1305, 1373, 2193

DEPARTMENT OF HUMAN RESOURCES

SB 177 HB 451

--Adoption; financial assistance in certain cases .........._...__----1226, 1227, 1313, 2193, 3195
--Ambient noise control; Georgia Health Code ------------------------413, 484, 2465

HB 817
HB 179
SB 173
HB 508
HB 86
SB 186
HB 468 HB 469
HB 472
SB 229
HB 450
SB 180
HB 111
SB 393 SB 185 HB 816 HB 507 HB 96 HR 185
HB 670

INDEX

3877

--Appeals and judicial review; appellate

procedure __..__...__,,._-____.__--~---__-__-___.~1000, 1189, 2464

--Birth certificates; copies forwarded

to mother's county of residence ......................172, 213, 1656

--Child Support Recovery Act;

enact ___..___.------.___._._..__._.__.---1670, 1671, 1758, 2193, 3063

--Child welfare agencies;

injunctive relief ....._..,,__.. 472, 565, 703, 1339, 3380, 3480

--Consumer Affairs Advisory Commission;

create as advisory group _.._..._._.._,,__.._.-_._.._..125, 173

--Employees of institutions;

compensation for loss of property ...._ ,, ....871, 923, 2801

--Georgia Health Code; civil penalties ,,......_.._ 414, 485, 1760

--Georgia Health Code; Confined

Animal Control Act _________________________._.___._._..______414, 485, 1314

--Georgia Health Code; Confined

Animal Control Act ___.._..__..---- ________..463, 559, 1314

--Georgia Health Code; sworn

affidavits relating to violations _.._._1572, 1574, 1653, 2799

--Health and Sanitation Standards for

Individual Water Supply Systems;

Georgia Health Code .................... ...................412, 484

--Interstate Compact on Mental

Health; enact ................ .......... 811, 923, 1481, 3084

--Land developers; reinterment

of human remains ....... ....131, 178, 642, 953, 2635

--Marriage manual ....

2945, 2982, 2990, 2991, 3307

--Mental Health; rights of persons ......... 871, 923, 2799, 3251

--Midwifery; rules and regulations _________ .____._____._.1000, 1189

--Protective Services for Adult Act; enact ----...-471, 565

--Rezoning; review of applications .__.__............______........127, 175

--Senior citizens; information

concerning benefits ........__,._.......... . .__........753, 1656, 1679

--State Building Administrative

Board; assignment ...-.......-........._............ ......626, 700

DEPARTMENT OF LABOR

HB 533 HB 669

--Private Employment Agencies Act; regulations --_____.476, 569, 1656, 2143, 3156, 3245
--Supplemental appropriation ..__...._... 626, 700, 1559, 2065, 3155

DEPARTMENT OF NATURAL RESOURCES

HB 1018
HB 799 HB 892

--Board of Natural Resources; State Game and Fish Commission-1640, 1753, 2321, 2503, 3302, 3526
--Conservation rangers --_-_.._______.___ 916, 1015, 1315, 1860, 3373 --Conservation rangers; appointment ......__._......_._.....1187, 1312

3878 HB 1008 HB 1010
HB 248 HB 249
HB 1070 HB 811
HB 1009
HB 778 HB 188 HB 189
HB 596 SB 132 SB 156 HB 444
HB 605
HB 74 HB 919 HB 62
SB 229 HB 371

INDEX
--Division of Environmental Protection; Air Quality Control .--1637, 1751, 2320, 2696, 3300, 3524
--Division of Environmental Protection; Air Quality Control; evidence in private actions __..._.----1637, 1751, 2005, 2450
--Division of Environmental Protection; Economic Analysis Section .---- 245, 310, 574, 777, 800, 800
--Division of Environmental Protection; Economic Analysis Section; water or sewage treatment systems _____.____..._...__ 245, 310, 574, 800, 924, 1242
--Division of Environmental Protection; Erosion and Sedimentation Act of 1973 _.....------1738, 1883
--Division of Environmental Protection; Solid Waste Management Act ..........918, 1017, 2320, 2873, 3291, 3312
--Division of Environmental Protection; Water Quality Control; waste .------..-..................-1637, 1751, 2320, 2695, 3301, 3525
--Game and Fish Division; big game hunters; protective clothing _,,_____.______ 912, 1011, 1895
--Game and Fish Division; catch out ponds; trout stamps ---198, 251, 1315, 1471, 1515, 2637
--Game and Fish Division; commercial fish hatchery; define .__._-_.._------.--__----.198, 251, 1315, 1471, 1528, 2637
--Game and Fish Division; commercially raised freshwater trout ..........._....._..................553, 636, 1200
--Game and Fish Division; confiscation of illegal devices ........................1106, 1110, 1197, 1895, 3068
--Game and Fish Division; deer hunting; safety precautions 2235, 2239, 2318, 2801, 3199, 3342, 3377
--Game and Fish Division; Georgia Animal Importation Act ------..-.....-.....------411, 483, 578, 1315, 2502, 3676
--Game and Fish Division; honorary fishing licenses; disabled veterans ------------------555, 638, 1021, 1289, 2359
--Game and Fish Division; liability insurance before purchase of hunting or fishing license --...115, 147
--Game and Fish Division; shrimp; count per pound ----------------.------------_._--___.1370, 1478
--Game and Fish Division; shrimp used for bait .------------------------..---- 113, 145, 259, 323
--Game and Fish Division; subcommittee report on House Bills 1402 and 1403 ............ ................3694
--Georgia Health Code; sworn affidavits relating to violations ......1572, 1574, 1653, 2799
--Georgia Historical Commission; functions transferred .-------..-.....340, 418, 704, 875, 2040

SB 257 HB 735 HB 96 HB 986 HB 397 HB 1060 HB 594

INDEX

3879

--Georgia Historical Commission;

functions transferred ----_.___.------.------1670, 1672, 1758

--Groundwater Use Act of 1972;

amend ----------------------789, 861, 2006, 2251, 3291, 3297

--Rezoning; review of applications .--------------------127, 175

--State Park facilities;

honorary permits _------,,,,....__------,,----------1552, 1652

--Water Recreation Act of

1973; enact ........----_ 345, 422, 1021, 1921, 2034, 2886, 3676

--Water Supply Quality Control;

certificates ------------

1736, 1881, 2320, 2695, 3372

--Wild Flower Preservation Act of

1973; enact ----..._----_------552, 636, 1560, 1821, 3012, 3051

DEPARTMENT OF OFFENDER REHABILITATION

HB 553
SB 226 HB 1201 HB 904 HB 411 HB 449 SB 142 SB 209

--Children and Youth Act; penalty provisions relating to certain youthful offenders --544, 629, 721, 1656, 2166, 3380, 3572
--Crime of murder or rape; eligible for parole only after serving 20 years --------1513, 1515, 1559
--Felons; incarceration expenses --------------------2313, 2463 --Felons under the age of 17; Department
of Family and Children Services ----.----1305, 1373, 2193 --Georgia Correctional Industries
Administration; membership -348, 424, 797, 1161, 2234 --Jury duty; exemptions ......----------------------------412, 484 --State-owned vehicles; protection from
liability for damages ---------- 1780, 1782, 1892, 2465, 3059 --Transfer of prisoners to State
institutions within 30 days after conviction --------------1912, 1915, 2000, 2801, 3588, 3681

DEPARTMENT OF PUBLIC SAFETY

HB 881 HB 73
HB 402 HB 899 HB 406
HB 247 HR 125 HB 418
SB 43

--Accident reports __----.----------------------..--------.1185, 1310 --Accident reports; uniform reports
and procedures --------------..----115, 146, 427, 533, 1107 --Additional duties; compensation --------_..___..,,.--____.346, 423 --Bicycle Safety Act; enact._..1304, 1372, 1657, 2513, 3301, 3384 --Board of Public Safety; quorum
for discharge of business --...----.------ 347, 424, 641, 964 --Chemical blood tests; administration --...244, 310, 427, 1609 --Commend ------------------------------------__....455 --Contraband vehicles; confiscation;
Uniform Narcotic Drug Act ---------- 406, 479, 1200, 1611 --Director's mandatory retirement;
State Employees' Retirement System ----------------......----1512, 1514, 1558, 2006, 3610

3880 HB 386 HB 21 HB 3
HB 174 HB 611 HB 301 HB 301 HB 848 HB 1030 HB 854 HB 245 HB 246 HB 403 SB 262 HB 864 HB 209 HB 630 HB 398
HB 401 HB 1192 HB 562 HB 384
HB 244 HB 591

INDEX

--Division of Investigation; drug agents .....................................344, 421, 642, 759, 2041
--Driver License Medical Advisory Board; create .. ...... 61, 80, 641, 1421, 1518, 2639, 2661
--Driver's license; bail; arrest for minor traffic violations...58, 77, 121, 152, 494, 801, 873, 2127, 2360, 3108, 3376
--Driver's license; bail; arrest for minor traffic violations .------......________.171, 212
--Driver's license; honorary licenses __..--..-......-..----557, 640, 1315, 1471, 1534, 2234
--Driver's license; minimum age changed from 16 to 18 ..............................295, 356, 427, 956
--Driver's license; minimum age changed from 16 to 18 .-.-....,,,,.,,-.-...-. 295, 356, 427, 956
--Driver's license; motorized carts -.-.--..--,,-.-. 1006, 1194, 1657, 1866, 3678
--Driver's license; revocation for certain offenses ......................................... 1642, 1755
--Driver's license; rules and regulations ______..__. 1007, 1195, 1657, 1968, 2645, 2705, 3009
--Driver's license; safe driving courses ______________ 244, 309, 641, 1122, 1229, 1714
--Driver's license; traffic violations; point system .................. 244, 309, 427, 536, 578, 1453, 3672
--Employees' compensation .......------................ 346, 423 --Identification cards;
handicapped persons 1913, 1916, 2001, 2320, 3034, 3378

--Motor carriers; functions transferred from Public Service Commission .........__..._.1182, 1307, 1657

--Motor Vehicle Safety Responsibility Law; notices of appeal ......... 203, 256, 540, 703, 1447, 3011

--Office of Highway Safety; duties transferred ___________.___.........618, 694, 1315, 1608, 3371

--Public Service Commission; functions relating to safety inspections for certain motor vehicles ........--............. ....... 345, 422, 641

--Relocation expenses incurred by employees ...................................

346, 423, 641, 959

--State Crime Laboratory; airplane lease or rental ................................ 2187, 2316, 2467, 2533

--State Crime Laboratory; Georgia Post Mortem Examination Act ..... .545, 631, 1314

--Traffic citations; copies of every citation mailed to Commissioner ..................... -- . 343, 421, 1316, 1471, 1530

--Traffic; Uniform Rules of the Road ... 244, 309, 427, 655, 2195

--Traffic violations; submission of certain data by Superior Court Clerks ....._--.........552, 636

HB 344
HB 1028
HB 614 HB 6

INDEX

3881

--Uniform Division; additional compensation through federal funding ------------------------303, 362, 427, 778, 3010, 3477
--Uniform Division; Division of Investigation; powers of arrest ......1641, 1754, 1761, 2710, 2858
--Uniform Division; powers of arrest ----______----..615, 691, 1483 --Uniform Division; State Employees'
Retirement System; widows' benefits ____--------.--------__.....59, 77, 2321, 2654, 3623, 3628

DEPARTMENT OP REVENUE

HB 160
HB 625
HB 593
HB 412
HB 1031
HB 407
HB 269 HB 424
HB 701 HR 325 HB 409

--Ad valorem tax; motor vehicle license plates; refund procedure .-167, 209, 430, 507, 1225
--Commissioner's duties; tax digests; negotiated settlements; appeals .--------------------617, 693
--Employees; confidential tax information .--____------_______-- 552, 636, 799, 1233, 3630, 3636
--Intangible Property Tax Act; amend .--____--...------------------.348, 424, 640, 1164, 3011
--Metropolitan Atlanta Rapid Transit Authority; administration costs .....--.,,..------.--1642, 1755
--Motor Vehicle Certificate of Title Act; increase fee for filing ...._____.___------______------ 347, 424, 1657
--Off-Road Vehicle Act of 1973; provide for ----------.287, 349 --Registration of motor vehicles;
sworn statements ________________.407, 480, 1315, 1606, 2637 --State Board of Equalization; composition ------------690, 794 --Study committee created to study HB 625 _------------.___. 2370 --Tangible property; installment payments -----..----.347, 424

DEPARTMENT OF TRANSPORTATION

SR 33 SR 82 HB 1038
HB 335 SB 314
HB 9
HB 8
SB 238

--Architectural and engineering firms; exempt certain contracts --------.872, 873, 922, 1314, 3065
--Commend employees __----------_____------_......____..--------872, 1147 --Dead Animal Disposal Act;
highway rights-of-way ... 1643, 1756, 1894, 2494, 3159, 3335

--Director's salary

....

_........._.._____--------_ 302, 361

--Drawbridges; safety arm warning devices .....___...... 1914, 1917, 2002, 2319, 3250, 3375

--Eminent domain; continuances for members of General Assembly ------... 59, 78, 120, 154, 649

--Eminent domain; special master; compensation ..--------------__________. 59, 78, 121, 154, 262

--Employment of personnel; organizational elements 1913, 1916, 2001, 2319, 3085, 3375

3882

INDEX

SB 168 --Federal parkways; acquisition of

rights-of-way and easements _._....._..........._.2490, 2544, 2607

SB 250 --Georgia Airport Licensing Act of

1973; enact ................................... 1392, 1393, 1480

SB 20 --Georgia Code of Public

Transportation; air rights ... 494, 495, 571, 2196, 3282, 3377

HB 348 --Georgia Code of Public Transportation;

establish new laws -----....-... ... .....__..... --.336, 414, 572

SB 140 --Georgia Code of Public Transportation;

establish new laws ........................871, 874, 922, 1315, 3127,

3273, 3377

HE 211 --Highway maintenance crews; commend _.-..--.----....--1135

--Highway Safety Subcommittee report .......

.......... 3699

SB 249 --Mass transportation systems;

grant programs ... ..1329, 1330, 1375, 1894, 3121, 3378

HR 228 --Multi-State Transportation Route

Advisory Board; endorse ..................1149, 2319, 2870, 3680

SR 53 --Multi-State Transportation Route

Advisory Board; endorse .......................575, 591, 1314, 1616

SB 285 --Ports, seaports and harbors;

financial support ---.... ...-.1391, 1394, 1481, 1894, 2967

HB 96 --Rezoning; review of applications ..._........_.. .127, 175

HR 104-376 --Richard B. Russell Scenic

Highway; marker in memory of

James P. Davidson ._...._.._____.___... .....342, 419, 429, 514, 1226

HB 351 --Road signs; roads closed to

public traffic _ . ._ _

337, 415, 572, 765, 1513

SR 138 --Routes from Atlanta to Columbus;

erection of directional

signs ______._...-................. 2491, 2544, 2606, 3133, 3600

HR 117-444 --Sheriff's Boys' Ranch Road;

designate portion of Highway 122 ...411, 483, 572, 993, 2235

HB 963 --State Transportation Board;

eligibility of members ........ ....1548, 1649, 2319, 2716, 3676

HB 350 --Statewide transportation plans ...... 336, 415, 572, 680

HB 244 --Traffic; Uniform Rules of the

Road ................................... 244, 309, 427, 655, 2195

SB 130 --Venue and service of suits

by or against

.....

870, 873, 922, 1314

HR 87-280 --W. A. (At) Nail Bridge; Tattnall

County; designate ...-............____... .290, 352, 428, 966, 1778

DEPOSITS HB 428

--Security deposit payments; interest ....._.__._.......408, 481, 2192

DETAINERS, INTERSTATE AGREEMENT ON HB 569 --Amend act ............................ 547, 632, 1761

HB 382

INDEX

3883

--State of Georgia shall be a party to agreement ___________________.343, 420, 1485, 2873

DETECTIVES HB 49

--Georgia Board of Private Detective and Private Security Agencies; create _______._______.____-.____109, 142, 703, 931, 2358, 2430

DICKIE STARNES MEMORIAL, INC.

SR 109

--State Properties Control Commission; lease property ___.,,______.______. 2042, 2095, 2190, 2801, 3019

DILWORTH, HONORABLE BILLY HR 345 --Commend ___________,,_____,,-___________,,-,,_.__.___.__-_____2769

DISABLED PERSONS

HB 604
HB 622
HB 698 HB 507
HB 700

--Georgia White Cane Act; enact ..........________________________________ 555, 638, 2193, 2496
--Income tax exemptions for transportation to and from work __________________..616, 693
--License plates; insurance _______ 689, 793, 1483, 2512, 3152 --Protective Services for Adult Act;
Department of Human Resources _----____--_____471, 565 --Public buildings; elevators __.__.....___..689, 793, 923, 1169, 3151

DISCRIMINATION

HB 91 HB 523

--Credit institutions; prohibit any discrimination _________________________.-__.___-__.126I 174, 2464
--Housing accommodations; prohibit discrimination _.....____________._.____475, 568, 924, 1271, 2197

DISMUKES, DR. HERMAN L. HR 277 --Express sympathy for passing of ______________________1683

DISTRESS WARRANTS

HB 945 HB 784

--Landlords' and tenants' rights _._._-_____._____--____1476, 1557 --Landlord's power to distrain
for rent ________,,..__________ 913, 1012, 1659, 2444, 3594, 3621

3884

INDEX

DISTRIBUTORS

HB 277 HB 627

--Marketing practices; regulate ------------...... 289, 351 --Multi-Level Distribution Companies;
regulate ._,,__,,__-________-_____________,,________~617, 693, 702, 814, 2636

DISTRICT ATTORNEYS

HB 32 HB 312 HB 279 HB 71
HB 132
HB 580
SB 236
HB 445
HB 235
SB 355 HB 138
SB 136

--Annual salaries ........... .........106, 139, 1484, 1576 --Annual salary and allowance ......------...-.---- 297, 357 --Assistant district attorneys' salaries ............289, 351, 2611
--Concealed weapons; exemption from prohibitions _______......_...----.-- 114, 146, 366, 523
--Criminal cases; witnesses; immunity from prosecution ..._.._.___.._____..__.......________ 135, 182, 573, 1171
--Dependent children; representation of plaintiff ......... -.---.---.--,,.-...- 550, 634, 1656, 1820
--Dependent children; representation of plaintiff --_---_._-__-----1779, 1782, 1893, 2466, 3587
--District Attorneys Association of Georgia; Office of Prosecution Coordination .,,_..___..___._...._._.. 411, 483, 487, 594, 2194, 2655
--District Attorneys' Retirement Fund; creditable service ___.___._._.__.____._....._,,.___,,... 242, 308, 1657
--Plea bargaining; provide for ............... 2636, 2780, 2794, 2991 --State Employees' Retirement System;
State-paid employees ..............................138, 184, 2611, 2878 --Superior Courts; compensation _.... 870, 874, 922, 2466, 3389

DIVINE CREATION

SB 276 HR 355

--Equal academic freedom in schools where theory of evolution taught ............3291, 3335, 3348
--State Board of Education urged to require courses .2860

DIVORCE
HB 1084 HB 459
HB 1085 HB 456

--Alimony; out-of-state judgments .........................1740, 1885 --Alimony; revision upon petition; service
upon nonresident by certified mail ._........_..,,.--_461, 558 --Custody of minor children ............................................1740, 1885 --Total divorce; additional grounds ...461, 557, 1201, 1864, 2636

DOCTORS
HB 699 HR 227

--Educational requirements for license ......... 689, 793, 1655 --Insurance companies urged to
offer full coverage .....-..-......................_. 1148, 2004, 2869

HB 951 SB 387 HB 650

INDEX

3885

--License to practice available to certain aliens .....-..-................-......._.............1545, 1647, 2799
--Practice of medicine; define certain terms ........................_ 2637, 2781, 2795, 2799, 3680
--State Board of Medical Examiners; aliens' eligibility for license .......622, 697, 1314, 1625, 3677

DOCUMENTS SB 21 HB 946 HB 205

--Georgia Records Act; authorities ....................... 369, 374, 425, 2991, 3537, 3680
--Public books and records of other states; how proved ..............._........-.. 1544, 1646, 1761, 2589, 3678
--Unincorporated areas of municipalities; service of official documents ____________..__.--_____-_.____-203, 255

DODGEN, GERALDINE HR 81-262 --Compensate .

__ _ 249, 313, 2003, 2246, 3157

DOGS HB 589

--State Racing Commission; create .... _.-..._.---..----.-551, 635

DOMESTIC EMPLOYEES HB 751 --Minimum Wage Law; amend .._.___._________....____._._____.. 855, 921
DONNAUD, HONORABLE ALBERT HR 387 --Commend ............................__......___.______...______..___...._____.._,_.....3641

DOOLEY, HONORABLE VINCE HR 373 Commend ............................_._................._........_....__...............3260

DOUGHERTY JUDICIAL CIRCUIT HB 105 -fudge's salary _..___...___ ...___.._130, 177, 314, 368, 716

DOUGLAS COUNTY

HB 1079

--Ad Valorem tax for educational purposes; exemptions ..............1739, 1884, 2199, 2204, 3364

3886
HB 1042
HB 1041 HB 726
HB 727 HB 1143

INDEX
--Board of Commissioners; submission of all actions affecting citizens ......._1644, 1757, 2008, 2017
--Charter Commission; create __________1644, 1756, 2008, 2017 --Clerk, Ordinary, Sheriff and Tax
Commissioner; salaries _._,,____--__787, 859, 1318, 1323, 2232 --Commissioners' salaries _._____...._____._787, 860, 1318, 1324, 2232 --Coroner's salary _._____._.___.._.__._ ._____.1878, 1998, 2468, 2477, 3365

DOUGLASVILLE, CITY OP

HB 1077 HB 1078

--Corporate limits __-___._.-.______--___ 1739, 1884, 2322, 2350 --Sale of city property ..____________________.._____1739, 1884, 2322, 2350

DOWNTOWN DEVELOPMENT CORPORATION

SR 119

--State Properties Control Commission; lease --.........2517, 2547, 2609, 2801, 3343, 3409

DRAWBRIDGES

SB 314

--Department of Transportation; safety arm warning devices _..1914, 1917, 2002, 2319, 3250, 3375

DRIVER EDUCATION

HB 539 HB 301

--Driver training schools; examination as alternative to educational requirements ____,,--______._----___._--_ 478, 570, 704, 819, 1671
--Driver's license; minimum age changed from 16 to 18 ____________ ___._____.__________________._._295, 356, 427, 956

DRIVER'S LICENSE (See Department of Public Safety, Licenses, Motor Vehicles)

HB 3
HB 174 HB 247 HB 21
HB 611 HB 301 HB 848 HB 1030 HB 854

--Bail; arrest for minor traffic violations __._____._.__ 58, 77, 121, 152, 494, 801, 873, 2127, 2360, 3108, 3376
--Bail; arrest for minor traffic violations __--___,,--_--.171, 212 --Chemical blood tests; administration --244, 310, 427, 1609 --Driver License Medical Advisory
Board; create _____-_.__. 61, 80, 641, 1421, 1518, 2639, 2661 --Honorary licenses; renewal --.557, 640, 1315, 1471, 1534, 2234 --Minimum age; increase from 16 to 18 _-__.___295, 356, 427, 956 --Motorized carts; exemptions ______1006, 1194, 1657, 1866, 3678 --Revocation for certain offenses ._..._________-_____._-______1642, 1755 --Rules and regulations .__________.__________.____.1007, 1195, 1657, 1968,
2645, 2705, 3009

HB 245 HB 246

INDEX

3887

--Suspension and revocation; safe driving courses ..........-244, 309, 641, 1122, 1229, 1714
--Traffic violations; point system ........ 244, 309, 427, 536, 578, 1453, 3672

DRUGS (See Narcotics, Named Subject)

HB 377 HB 247
HB 418 HB 386 SB 381 HB 599 HB 1064 HR 99
SB 14
SB 265 HB 417 HB 156 SB 251
HB 983 HB 558 HB 598

--Bail bond for criminal offenders ____............._---- 342, 420, 640, 1132, 3360, 3383
--Chemical blood tests; amend Uniform Act Regulating Traffic on Highways ..._----__.._..............---- 244, 310, 427, 1609
--Contraband vehicles; confiscation -----..406, 479, 1200, 1611 --Division of Investigation;
employment of drug agents ...------344, 421, 642, 759, 2041 --Drug addicts; ordinary's duty to deliver
to emergency receiving facilities --------......2643, 2781, 2795 --Georgia Drug Abuse Control Act;
condemnation of merchandise .....---- . ..........554, 637, 2005 --Hypodermic syringes;
sales regulations --------------------------1736, 1882, 2464 --Illegal Use of Dangerous Drugs in the
High Schools and Elementary Schools Study Committee; create _..------------_------------------278 --Marijuana; penalty for possession -------- 494, 495, 571, 1760, 3016, 3088, 3262,
3266, 3290, 3300, 3332, 3376 --Marijuana; penalty for
possession ---------- 1562, 1574, 1654, 2467, 3121, 3375 --Maximum punishment for certain offenses --............406, 479 --Pharmacists; certificates of
registration; educational requirements --166, 208, 486, 608 --Rewards for arrest and conviction
of drug sellers; increase reward _____--------______._--------_. 2042, 2096, 2191, 2800, 3117 --Students; confidentiality of statements ._--........--..__._..........--__..1552, 1652, 2196, 2658 --Uniform Narcotic Drug Laws; confiscation of contraband vehicles ..... ......545, 630, 1482 --Uniform Narcotic Drug Laws; confiscation of contraband vehicles ......-..--....554, 637, 2005

DUBLIN, CITY OF HB 1208 --Corporate limits ------....._----_.. 2460, 2605, 2803, 2828, 3368
DURDEN, REV. H. KELMER --Prayer offered by _..________._.____--_.,,_._._______________.123

3888

INDEX

DYAL, REV. EARNEST --Prayer offered by ___,,_,,___,,_____,,_____________,_ ._

_ _.__._______1732

EARS HB 857

E
--Examination for students ,,______..................------------1008, 1196

EAST DUBLIN, TOWN OP

HB 1207

--Mayor and Councilmen; terms .........------......------.........Z^6Q, 2604, 2803, 2828, 3368

EAST POINT, CITY OF
HB 102 --Charter; repeal .................--.-..____._._......_.-........__-______--129, 177 HR 107-376 --City Council; pension benefits;
amendment to the Constitution _........ 342, 420, 2198, 2223, 3301, 3341
HB 710 --Corporate limits _._________,,__._--_________..______._________-_______-_783, 856 HB 299 --Corporate limits ___._.___..___ 294, 355, 2007, 2011, 2850, 3024 HB 500 --Mayor and Council; salaries .______.._.....................__.._.___.469, 564 HB 378 --Mayor and Council; vacancies _______..___.________________________.343, 420

EASTERN WILDERNESS OMNIBUS BILLS HR 284 --Congress urged to endorse passage ,,___..,,_,,_ 1689, 2320, 2872

EDUCATION (See Schools, Teachers)

HB 96
HB 606
HR 224 HR 283 HB 232 SB 266
SB 57
HB 707

--Board of; rezoning; review of applications by local boards ...------...........----------127, 175
--Boards of education; liability insurance or contracts of indemnity _____________________________ 555, 639, 1199, 1471, 1530, 3676
--Bus safety program; commend _,,,,,,______._.--......._.........1144 --Buses; motor vehicles required to stop ....................1689, 2362 --Buses; transportation costs _...___..__..............._._._.__________.241, 307 --Cooperative educational service
agencies; Social Security Act ....1391,1394, 1481, 2611, 3020 --County boards of education;
meetings _-_--_________.____~____~_--___,, 370, 375, 426, 1655, 3087 --County school superintendents;
bond ...-.__......-_.....-_.....--_.......-.691, 794, 1199, 1340, 2042

INDEX

3889

HB 375 SB 176 SB 276
HR 355 HB 983 HB 859 HB 837 HB 857 HB 172 SB 254 HB 362 HB 369 HB 367 HB 942 HB 898 SR 93
HR 99
HB 364

--Cruel treatment of children; reports by school system employees _...__..341, 419, 1020, 1248, 2041
--Cruel treatment of children; reports by school system employees ......____._.._...._..__-1225, 1227, 1312
--Divine creation; equal academic freedom in schools where theory of evolution taught ._.......------...........------.3291, 3335, 3348
--Divine creation; State Board of Education urged to require courses ..__------------...--.2860
--Drug abuse; confidentiality of student statements .------...--------......1552, 1652, 2196, 2658
--Evolution, theory of; academic freedom __..__.-____....1181, 1307 --Exceptional children; special
educational facilities ..._.----..-.....-......__----...___.1003, 1192 --Eye, ear and dental examinations for students.--....1008, 1196 --Eye protective devices; students
and teachers _---____--..------------...171, 212, 487, 1163 --Federal and State governments;
prescribe a course of study -.2039, 2096, 2191, 2610, 3081 --Georgia Educational Accountability Act; enact ..----339, 417 --Georgia Educational Accountability
Act; enact --------......----------..------.....340, 418, 2192, 2688 --Georgia Educational Research
and Development Act; enact .....------.340, 418, 2003, 2508 --Georgia Higher Education Assistance
Corporation; student loans --.1475, 1556, 1562, 1703, 3678 --Georgia Proprietary School Act;
flight schools -.....--------....----1304, 1372, 2465, 2515, 3372 --Grants to qualified students who are
children of deceased servicemen and to certain veterans; amendment to the Constitution ..._----------........--------...._....----1572, 1573, 1653 --Illegal Use of Dangerous Drugs in the High Schools and Elementary Schools Study Committee; create ----..----------.----------.----.278 --Immunization prior to admission .....__. 339, 417, 426, 511, 1328

HB 479

--Kindergartens; compulsory school attendance .__............________.._........____................._____464, 560, 1199

HR 187-736 --Leases for land, buildings or facilities; amendment to the Constitution _,,_------_______,,_------_789, 861

SB 232

--Loitering on school premises without legitimate cause; prohibit ----__----______. 1780, 1782, 1892, 2610, 3528, 3680

HB 1

--Minimum Foundation Program of Education; ad valorem tax for education; reduction of local funds _-._.------------.........-58, 76, 161, 187, 2371, 2452, 2517 2521, 2542, 2896, 3012

HB 365

--Minimum Foundation Program of Education; allotment of additional personnel .......... 339, 417

3890

INDEX

HB 1125 --Minimum Foundation Program of Education; allotments ____...____ 1874, 1996, 2192, 2508, 3151
HB 251 --Minimum Foundation Program of Education; eliminate local funds _____________________________ 245, 310
HB 541 --Minimum Foundation Program of Education; eliminate local funds -_______----_______--_-_. 542, 628
HB 361 --Minimum Foundation Program of Education; instructional materials and media ___.339, 417, 797, 990, 2040
HB 432 --Minimum Foundation Program of Education; local units; capital outlay .........___ 409, 482, 1655, 2130, 3151
HB 480 --Minimum Foundation Program of Education; operation on a year-round basis - - 464, 560, 1655, 2756, 3678
HB 50 --Minimum Foundation Program of Education; preschool children _________________________________________________--_..109, 142
HB 64 --Minimum Foundation Program of Education; professional school personnel; certification and classification ______________________________________________________ 113, 145
HB 968 --Minimum Foundation Program of Education; shorter school hours ___________________________________._____-1549, 1649
HB 57 --Minimum Foundation Program of Education; special assistance funds __ ..... 110, 143, 161, 266, 594, 1975, 2542
HB 366 --Minimum Foundation Program of Education; teacher allotment ______..______.______________._.____.________...340, 417, 1019
HB 557 --Minimum Foundation Program of Education; teachers and personnel; allotment .-___,,-__.-__________-___ ..544, 630
HR 293-1118--Minimum Foundation Program of Education Study Committee; create ______ .._.___.__......._.__.1747, 1890, 2003, 2508, 3375, 3475
HR 363 --National Direct (Defense) Study Loan Program; Congress urged to continue --_-_.______--___-- .2866
HB 421 --Preschool educational facilities; establish and maintain _________._._.,, 407, 480, 1020
HR 9 --Public education; relative to allowing students to enter school after a certain deadline --_._______--..___________63
HB 145 --Public School Employees' Retirement System; age requirement _______..______.___._______.__._____________164, 206
HB 347 --Public School Employees' Retirement System; contributions .____________-____.__..._._..__._..____._.____.___304, 363

HB 144

--Public School Employees' Retirement System; disability allowance _.-______________.___._.______.___.___164, 206

HB 154

--Public School Employees' Retirement System; early retirement _____.__.___.__._,,_____.___.__. 166, 208, 642, 767, 1512

HB 148

--Public School Employees' Retirement System; increase benefits ----__------_____._--,,_________--__ 168, 207

HB 315

--Public School Employees' Retirement System; prior service credit ____.._________.297, 358, 1658, 2560, 3380, 3481

HB 253

--Public School Employees' Retirement System; termination of membership _______._._____________246, 311

INDEX

3891

HB 475 --Quality Education Achievement Act __._.________._________._.__463, 559

HB 442 --School boards; liability insurance for

employees __.______________..._..._...._._...__.411, 483, 1760, 2119, 3371

HR 20-58 --School districts; amendment to the

Constitution _____.______.________.-....-...-....._________--112, 144, 1200

HB 169 --School lunch and extracurricular athletic

and band programs; funds ______________ 170, 211, 426, 526, 1327

HB 155 --School properties; self-insurance plan ________.____.166, 208, 1760

HB 893 --Sickle Cell Anemia; tests made prior to

attending public schools ___.______.__-__1188, 1312, 1760, 2919

HB 363 --State Board of Education; powers ............. 339, 417, 426, 800

SB 335 --Student grants to independent colleges

and universities; academic

classification

_..__._.. 2358, 2361, 2464, 2994, 3585

HB 368 --Teacher Evaluation and Tenure Act;

enact _.._.__________________._....._.............................340, 418, 2192, 2679

HB 278 --Teachers' contracts; local boards

of education _._ .

289, 351, 1019, 1246, 2039,

2124, 2359, 2361, 3014, 3536

HB 39 --Teachers; Health Insurance Plan; State

Personnel Board ._........_..._.__. 107, 140, 258, 387, 2644, 2736

HB 283 --Teachers' Retirement System; City of Atlanta;

transfer of funds __.___.__

291, 353, 2195

HB 193 --Teachers' Retirement System;

creditable service ________.__..._ 199, 252, 1484, 2117, 3374, 3474

HB 289 --Teachers' Retirement System; creditable service .--.-293, 354

SB 40 --Teachers' Retirement System; creditable

service benefits ............. 925, 929, 1017, 1895, 2445

SB 41 --Teachers' Retirement System;

disability benefits __...._.__._..._......_.._ 925, 929, 1017, 1895, 2495

HB 195 --Teachers' Retirement System; disability

retirement ................................. 200, 252, 2006, 2377, 3009

HB 167 --Teachers' Retirement System;

exemptions and immunities ___________ 170, 211, 428, 534, 2233

HB 391 --Teachers' Retirement System;

investments ...........

305, 364, 1484, 2507

HB 392 --Teachers' Retirement System;

investments ...... ............ 305, 364, 1484, 2507

HB 194 --Teachers' Retirement System;

leaves of absence ____..__._.._._.___.__._._..._... 200, 252, 574, 816, 3009

HB 197

--Teachers' Retirement System; local systems _____.__.___.____...__.______._____________.___.200, 253, 862, 1264

HB 36

--Teachers' Retirement System; military service credit; Vietnam War ..._..._.___.__._.__.__.__._..._._.____106, 139

HB 168

--Teachers' Retirement System; public school nurses ..... ......_........ ...... ..170, 211, 574, 1160

HB 196

--Teachers' Retirement System; reduce creditable service .........................200, 252, 574, 818

HB 182

--Teachers' Retirement System; retirement after 30 years' service ........... ... .. .........197, 250

3892 HB 162
HB 276 HB 474 HB 483
HB 431 HB 150

INDEX
--Teachers' Retirement System; retirement prior to July 1, 1970 ------------------------169, 210, 1895, 2127, 3155, 3216
--Teachers' Retirement System; withdrawal of contributions --...------------------ 289, 350
--Teachers' Right to Eat Act --______--------------...... 463, 559 --Vocational Education Services,
Division of; create within State Department of Education ------------------466, 561 --Vocational programs and grades 4 and 5; pupil-teacher ratio --------------------409, 481 --Vocational schools; funds --------------165, 207, 364, 431, 1570

EDUCATIONAL TELEVISION
HR 427 --Georgia Educational Television Network; express appreciation to --------------------3669
HE 262-1012--State Board of Education to televise Georgia-Georgia Tech football game ----------1638, 1752

EDWARDS, HONORABLE FRANK H.

HR 426

--Communication from --------.------------.2982, 3681, 3684, 3686 --Commend -------------------..----------------------3668

EDWARDS, HONORABLE RALPH HR 374 --Welcome to State ----------------------__.---------------- 3261

EDWARDS, HONORABLE WARD HR 269 --Congratulate _.----------.____._...__----_--------__----1605

EFFINGHAM COUNTY

HB 1034

--State Court; Solicitor's salary ----.--------------------1642, 1755, 2198, 2221, 3363

EGAN, HONORABLE MICHAEL J. --Minority Leader; certification ____----------_....----_._...--57

ELDER, HONORABLE DAVID P. HR 273 --Commend ....._------------......--__.--__----------.----.1680

INDEX

3893

ELDRIDGE, SENATOR FRANK --Communication from ................................................ --.2983, 2984

ELECTIONS (See Georgia Election Code, Voting)
HB 230 --Ballots; defective ballot cards ............... 241, 307, 367, 444, 2233 HB 961 --Ballots; uncontested offices _____________._______.___.__..........1547, 1648 HB 618 --Campaign contributions and
expenditures ..___________._._._...__________~____________..______-_616, 692, 1021 HB 394 --Candidates holding a public elective
office must resign before qualifying for another public office ___._-................._.__ 344, 422, 575, 970 HB 59 --Candidates qualifying with more than one political party; prohibit ........_..___112, 144, 259, 332 HB 88 --Candidates soliciting votes within certain distances of polling places; remove exemption _____________.._________.__.125, 174, 259, 377 HR 15-58 --Constitutional amendments; date of election; amendment to the Constitution .........._..__.___._..___-.._-lll, 143, 575, 1173, 1227 HR 8-27 --Constitutional amendments; special election; amendment to the Constitution ___._._.________._____._.._...____.... __.__._________.___.__.___________63, 81 HR 71-217 --Constitutional amendments; special election; amendment to the Constitution ._..._..__-_______._________-_____-__.__.___..._.._.................206, 257 HB 217 --Electors List; addresses; certification to Secretary of State _._,,,,,, 205, 257 HB 566 --Electors; registration by mail ._..._....546, 631, 1485, 2121, 2521 HB 626 --Electors required to present identification prior to voting .....__..._______.____.._ -617, 693, 1762 HB 226 --Electors vote in district registered; counties of less than 50,000 population ___..__.__...__._._._......... __.__.._.__.....__._.. 240, 306, 367, 439 HR 241-942 --General Assembly; special election to fill any vacancy; amendment to the Constitution .-____..________________________1476, 1557 HB 42 --General election day; public holiday ..-........_.....__.________ _107, 140 HB 187 --Judges of Superior Courts and Court of Appeals; Justices of Supreme Court; non-partisan election -----198, 251, 1021, 1724, 1784 HB 231 --Municipal Election Code; runoffs ................. .. ..... ........_........................241, 307, 367, 446 HB 212 --Municipal elections; date and notice ............204, 256 HB 438 --Ordinaries; primary and election results; public announcement ......... .....410, 482, 1485, 1708 HR 240-942 --Poll tax levy; amendment to the Constitution ... ....._.. _.....__._........._...._.__._____1476, 1557

3894

INDEX

HB 24 --Polls to remain open until 8 P.M.; municipal primaries and elections _.________,,___.__._...._._.._....62, 80, 575, 968, 1112, 1300
HB 25 --Polls to remain open until 8 P.M.; all primaries and elections ______,,_,,--______.______ _62, 80, 575
HR 23 --Presidential election; designate as national holiday _________________ _______________.__._..____117, 1021, 1678
HB 89 --Presidential preference primary; primaries; delegates _____ 125, 174, 259, 379, 3380, 3521, 3545, 3570, 3571, 3592, 3630, 3631
HB 143 --Primaries; each registered voter entitled to participate in nomination of candidates by each political party _________,,..__._____________________ _._________.________164, 206
HB 229 --Primaries; unopposed candidates _____________._241, 307 HB 270 --Qualification fees; change
provisions _____________________-____-_____..____,,______________._______ 287, 350 HB 227 --Qualifying; change method
and fee _____________________________________ 241, 307, 367, 441, 2642, 3030, 3097, 3279, 3301
HR 111-430 --Revenue anticipation obligations; amendment to the Constitution ._...._ 409, 481, 642, 745, 1669
HB 228 --Special elections; change provisions __________ ________._.._._...__.__.__....____241, 307, 367, 442, 1671
HR 94 --State Election Board; election of William F. Blanks as member _____________.________________________.______.276
HB 43 --Voting machines; disabled and elderly persons _________________________________-___.__________________.108, 141

ELECTRICITY

HB 424 HB 2

--Apartment complexes; electrical

power requirements _________________________________

348,425

--Georgia Territorial Electric

Service Act; create ___._._..________________..,, 58, 77, 703, 883, 2358

ELLARD, HONORABLE GLENN W.

HR 428

--Address by ______________________________________________________________________________17

--Commend

_____________________ _____.______________________________3669

--Election as Clerk __________________________ __.______________________________._.___________16

ELLETT, BRUCE G. HR 72-217--Compensate ___,,._.._..___.___._ 206, 258, 2002, 2245, 3158

ELMORE, HONORABLE ZAY HR 384 --Commend _.________._.-.____._____._.__._._.__.____.____-_---_- 3639

INDEX

3895

EMANUEL COUNTY HB 316 --Ordinary's salary ____________.._......__..._.____-__ 297, 358, 573, 577, 1385

EMINENT DOMAIN

HB 9 HB 8

--Hearings before special master; continuances for members of General Assembly ______________________________________ 59, 78, 120, 154, 649
--Special master; compensation .................. 59, 78, 121, 154, 262

EMPLOYEES' RETIREMENT SYSTEM, STATE (See Retirement)

SB 113 HB 346 SB 43
HB 6
HB 391 HB 210 HB 239 SB 64 HB 272 HB 390 HB 267 HB 192 HB 58 HB 124 HB 306 HB 75 HB 138

--Accumulated contributions;

separate record ___.___..__...______....___.1572, 1573, 1653, 1895, 3204

--Annual and sick leave;

accumulation of days ....._....-_-----_--_----304, 363, 1316

--Department of Public Safety;

Director's mandatory

retirement ________________...._.__._..._...._ 1512, 1514, 1558, 2006, 3610

--Department of Public Safety,

Uniform Division; Georgia

Bureau of Investigation;

widows' benefits __..____...___________ 59, 77, 2321, 2654, 3623, 3628

--Domestic life insurance

companies; investments

. 305, 364, 1484, 2507

--General Assembly members;

creditable service __._____..._...____..._..._._..._.___._.._._ 204, 256, 1484

--General Assembly members;

creditable service ...................._..__....___________________________ 243, 308

--General Assembly; messengers

and doorkeepers .. ___-- ... 870, 873, 922, 1484, 1702

--Georgia Legislative Retirement

System; membership ________........... _-____-_______________..,, 288, 350

--Medical examination requirements ........... 305, 364, 1484, 2505

--Military service; creditable

service .............. ......__.__________ 287, 349

--Pension Accumulation Fund;

Annuity Reserve Fund ______ 199, 252, 574, 2379, 3614, 3614

--Retirement after 35 years'

service regardless of age

. . Ill, 143, 1484, 2884

--State Court employees;

continuation of membership ......

____.___134, 181

--State Soil and Water

Conservation Committee .............. 296, 357, 366, 972, 2233

--Superior, City or State Courts;

employees of probation office __......._. .. . ... ________115, 147

--Superior Courts; State-paid

employees of judges and

district attorneys ._ __..____ ... ...........138, 184, 2611, 2879

3896
HB 273 HB 46 HB 334 HB 87

INDEX
--Tax commissioners, tax collectors and tax receivers ._-......----.----.....,,.-----...._._ 288, 350
--Tax Commissioners, tax collectors or tax receivers; coverage ....108, 141, 1560, 1700, 2945, 3032
--Termination of membership .,,..._..........__.___.._. ...___._._.........302, 361 --Transfer from State agency to
United States Government agency ________......_._.__.__.............._...___.__.125, 173, 1316, 1436, 2359

EMPLOYEES' SUGGESTION AND AWARDS BOARD SB 115 --Change certain provisions ..................649, 650, 701, 704, 1153

EMPLOYER-EMPLOYEE RELATIONS

SB 284
HB 443
HB 298 HB 1115

--Employment Security Law; amend __.......--.-.--___-...---.1512, 1515, 1559, 2194, 3258
--Establish framework for orderly methods of dealing with problems ,,.....----_--,,..--___.411, 483
--Insurance agreements; define ............_____._.....__.______.........294, 355 --Wages; payment in lawful
money or checks ........................ 1746, 1890, 2192, 2196, 3677

EMPLOYMENT

HR 179

--Encourage employment of Georgia citizens .__.....________._...,,.__-,,...__....__._.,,--- 682

EMPLOYMENT AGENCIES

HB 297 HB 533

--Private employment agencies; management consultants ------------,,_____,,.._...._..__. 294, 355
--Private Employment Agencies Act; regulations ___..__________._._.476, 569, 1656, 2143, 3156, 3245

EMPLOYMENT SECURITY LAW

SB 284 HB 669
HB 720

--Amend Act ._...___._......___.___.___.,,.......... 1512, 1515, 1559, 2194, 3258 --Department of Labor; supplemental
appropriation .__......_______....._......_.___.626, 700, 1559, 2065, 3155 --Unemployment benefits;
waiting period ......_.___....._.....____.____._.786, 858, 1559, 1918, 2637

ENDANGERED WILDLIFE ACT OF 1973 HB 972 --Enact ._.._..........._...__._..........._.. 1549, 1650, 1658, 1871, 2595, 3374

INDEX

3897

ENERGY CRISIS HR 335 --Study Committee; create --.----------------------------..2761

ENGINEERS SR 33

--Engineering firms doing business with the State; exempt certain contracts ----------------------872, 873, 922, 1314, 3065

ENGLISH, REV. C. 0. HR 395 --Commend

.._------------_----...._- --------....3646

ENIGMA, TOWN OF SB 389 --Municipal election date ------..... 2847, 2980, 2988, 3349, 3357

ENTERTAINMENT EVENTS (See Admission Fees, Amusements, Athletic Events, Sports Events)

HB 807 HB 597 HB 703 HB 107

--Admission tickets; excise tax--------------------------918, 1016 --Admission tickets; regulations ________------------------553, 637 --Admission tickets; service charge -.690, 794, 924, 1117, 2041 --Admission tickets; excise tax; public
amusement events -------------------------- ----...------130, 178

ENVIRONMENT

HB 248 HB 249
HR 284 HR 282

--Division of Environmental Protection; Economic Analysis Section _________---------------..245, 310, 357, 777, 800, 800
--Division of Environmental Protection; Economic Analysis Section; water or sewage treatment systems --------------245, 310, 574, 800, 924, 1242
--Eastern Wilderness Omnibus Bills before Congress; relative to ....-------- ........1689, 2320, 2872
--Environmental Education Study Committee; create ._._----__--------------------------1688, 2006

EQUAL RIGHTS AMENDMENT HR 77-251 --United States Constitution; ratify --------------------246, 311

EQUALIZATION, STATE BOARD OF

HB 701 --Composition

........

.---------- ...----...690, 794

3898

INDEX

EROSION AND SEDIMENT ACT OF 1973 HB 1070 --Enact _-_--_---_-__-_-__.-____-_-_--_,,-_ 1738, 1883

ESTATES (See Wills)

SB 334
SB 312 SB 151 SB 310 SB 311 HB 1095 SB 213 HB 413 SB 370 SB 379 HB 862 HB 863 HB 15 SB 369
HB 1017 HB 173

--Administrators and guardians; annual returns of expenditures ____________.___.,,,,.____-,,____ 2359, 2361, 2463, 2800, 3304
--Administrators and guardians; investments _______________.______.___-___-_-_______-__--_______1914, 1917, 2001
--Administrators; permit private sales ___.__.________________________________-_.1512,1514, 1558, 2802
--Administrators required to give bond; value of the estate ___ 1914, 1917, 2001, 2467, 3385
--Administrators required to give bond; value of the estate _________ 1914, 1917, 2001, 2802, 3386
--Estate tax returns; regulations ---___________________..____1742, 1887 --Executors and trustees;
insurance investments ______ 1107, 1111,1198, 2800, 3020, 3159 --Executors or Trustees;
compensation _______________________________________ 348, 425, 640, 974, 1779 --Fiduciary powers; instruments
in writing __,,.__...._.__ ____.__._.2491, 2546, 2609, 2800
--Guardians; incapacitated persons _______ 3009, 3125, 3131, 3133 --Guardians; Ordinary's authority
to appoint successor _________ 1181, 1307, 1629, 1658, 1853, 3676 --Guardians; Ordinary's authority
to appoint successor ._,,_.______._______. 1182, 1307, 1658, 1855, 3676 --Nonresident executors; requirement
of giving bond -___.,,____________.__._ 60, 79, 119, 649, 652 --Trust deemed executory may not
be revoked if irrevocable ____..___......._______.2491, 2546, 2608, 2802, 3050, 3378
--Trustees; procedure by which trustee may resign his trust ______1639, 1753, 2005, 2657, 3677
--Year's support; husbands and minor children .__.________......_.._.___.____._._..____________... ---171, 212, 610

EVANS COUNTY SB 374 --Sheriff's deputies; appointment 2633, 2780, 2794, 2993, 3005

EVOLUTION HB 859 SB 276

--Theory of evolution; academic freedom in public schools __,,__________._____..___. 1181, 1307
--Theory of evolution; equal academic freedom for courses in divine creation _._.._..______________..._...__..___________3291, 3335, 3348

INDEX

3899

EXAMINING BOARDS, STATE

HB 10

--Additional points for certain applicants; apply retroactively __-__.-_..__-...__.____..._.___59, 78, 121

EXCEPTIONAL CHILDREN

HB 837

--Special educational facilities; implementation of a program

-._._..._.____.._.___._____.1003, 1192

EXCISE TAX (See Named Subject, Taxation)

HB 107 HB 807 HB 184 HB 328 HB 110 HB 806 HB 109 HB 931 HB 1110
HB 329
HB 750
HB 871
HB 805 HB 237

--Admission charges for public amusement events ___------.--_--..----.--_...._....._.130, 178
--Admission tickets; amusements --------___--__,,________----918, 1016 --Alcoholic beverages; remove
certain limitations _______----.--_-.__..-_____.__.._-..._....__._________197, 250 --Cigarettes; increase tax ..__._.__---____ _.._....._300, 360 --Food and drinks; authorization to levy ----------------_ 131, 178 --Hotels, motels and other
accommodations _____._____...........,, 918, 1016, 1317, 1978, 2034 --Hotels, motels and other accom
modations ; authorization to levy .......__ .130, 178 --Malt beverages; consumption
within the household ------....__.__.._._.___ 1473, 1555, 1763, 2492 --Malt beverages; counties
and municipalities __________________________________ .._._______________1745, 1889

--Malt beverages; municipalities ..._.. ...........300, 360, 1763, 2067, 3263, 3286

--Mixed drinks; delete certain prohibitions ............._.._.._............ 855, 920, 1317, 1862

--Mixed drinks; rules and regulations _________

_____ 1183, 1308, 2008, 2697, 2853, 3519, 3568

--Municipalities; sale of meals ________._._....__ __________________ 917, 1016

--Wine; rules and regulations ..........1184, 1309, 1486, 1627, 3152

EXECUTIVE REORGANIZATION ACT OF 1972 (See Reorganization)

HB 1018
HB 406 HB 137

--Board of Natural Resources; State Game and Fish Commission .............. ______ 1640, 1753, 2321, 2503, 3302, 3526
--Board of Public Safety; quorum for discharge of business ......____________________ 347, 424, 641, 964
--Board of Regents of the University System of Georgia; exempt from provisions ...... .........137, 148, 184, 235, 1327

3900 HB 556 HB 256 HB 430 HB 248
HB 1118 HB 371 SB 257 HB 630 HB 398 HB 864 HB 670

INDEX
--Coastal Marshlands Protection Committee; create ............................544, 630,1021,1356, 2638
--Department of Community Development; Bureau of State Planning and Community Affairs --247, 311, 315, 394, 3371
--Department of Community Development; State Office of Housing Section __.......^408, 481, 1763, 2551, 2646, 2941
--Department of Natural Resources; Division of Environmental Protection; Economic Analysis Section _________-__.....__...__.___.___________.245, 310, 574, 777, 800, 800
--Georgia Budget Act; annual appropriations ___________________________ 1746, 1890, 2006, 2696, 3677
--Georgia Historical Commission; transfer functions to Department of Natural Resources _________._.___._._._._ 340, 418, 704, 875, 2040
--Georgia Historical Commission; transfer functions to Department of Natural Resources ......................................1670, 1672, 1758
--Office of Highway Safety; renamed; transferred ______ 618, 694, 1315, 1608, 3371
--Public Service Commission; functions relating to safety inspections for certain motor vehicles .........................._........345, 422, 641
--Public Service Commission; transfer functions; motor carriers ......_.__..___...........__.__. 1182,1307,1657
--State Building Administrative Board; assignment .............._...._._.___..___..___._.___..__.._._.____626, 700

EXPLOSIVES HB 853

--Blasting operations; rules and regulations _______________________________..___.____________________1007, 1195

EYES HB 857 HB 172
SB 299

--Examination for students -._._______.._._........____________--~~1008,1196

--Eye protective devices;

students and teachers

_ _......____.___.171, 212, 487, 1163

--Prescription eyeglasses or

sunglasses; manufacturer's

regulations ._._.._._._.._..._................_.2636, 2779, 2793, 2799, 3022

INDEX

3901

F

FAIR MARKET VALUE

HB 929

--Property for county ad valorem tax purposes; municipal Board of Tax Assessors ___._.__________._________.__.__________1472, 1554

FAIRBURN, CITY OF HB 101 --Charter; repeal ._._____________.____.____.__..-___-__-________.__-129, 177

FAMILY AND CHILDREN SERVICES

HB 157 HB 904 SB 197 HB 360

--Adoption laws; investigation and report __.______--_____.__._____________________-__-___.___-___._.. ..167, 208
--Children and Youth Division; felons under the age of 17 _____._______._..______._1306, 1373, 2193
--Felonies; plea of nolo contendere _____-___-__-___--_________,,...____._______1912, 1915, 2000
--Local Health and Rehabilitative Services Act of 1973; enact _________ 338, 417, 1020, 1471, 1925

FANNIN COUNTY

SB 405 SB 406

--Ordinary's salary _____________________ 2851, 2981, 2990, 3349, 3358 --Sheriff's salary ______.______.__..__.___.._.__________________.2851, 2981, 2990

FARMS
HB 678 --Farm credit institutions; investment in farm loan bonds .___627, 701, 1019, 1287, 2637
HB 106 --Open Space Lands Assessment Act; State Agricultural Land Evaluation Board ___.______________._______.___..___________130, 178
HB 265 --Relocation expenses; Federal-aid projects ...__.287, 349, 429, 755, 2638, 2676, 2946, 3062, 3097, 3206, 3376
HR 337 --Secretary of Agriculture urged to support prices __________-_______..___-.____-_________2763, 3132, 3681
HR 34-113 --Tax assessment of property; amendment to the Constitution .,,_,,__ ____--_--__.._--.131, 179

FAYETTE COUNTY HB 821 --Ordinary; salaries ____________.___.___1001, 1190, 1659, 1663, 3145

3902
HB 818
HB 820 HB 819

INDEX
--Sheriff's automobile allowance -------------------- ------1000,1189,1659,1661, 2634
--Superior Court Clerk; salaries _ 1000, 1189, 1659, 1662, 3144 --Tax Commissioner; salaries ----.1000, 1189, 1659, 1662, 3144

FEDERAL BUREAU OF INVESTIGATION HR 143-568 --Compensate .. ....----_----________..__.----__547, 632, 2003, 2248, 3157

FEDERAL INTERGOVERNMENTAL COOPERATION ACT

HB 747

--Area Planning and Development Commissions; development guides _--___.___.__..--854, 920, 1317

FELONIES HB 822 HB 28 HB 138 HB 904
SB 378 HB 1201 HB 127 SB 26 HB 93 HB 132

--Capital felonies; trial on accusation;

waiver of indictment ------------------------.1001, 1190, 2194

--Death penalty; sentence

review of cases _-_--_.--------------------------,,._--76, 116

--Documents; discovery and inspection ------------------135, 182

--Felons under the age of 17;

Department of Offender

Rehabilitation ----------------------..----------1305, 1373, 2193

--Hit-and-run drivers causing

injury or death _-------------------------- 2709, 2784, 2797, 3134

--Incarceration; Department of

Offender Rehabilitation..------------..

. 2313, 2463

--Judge shall fix and impose

sentence --..-------------.-------------- 134, 181, 258, 573

--Jury panels in felony trials _------..... 369, 375, 426, 2196, 3113

--Knives; use of during commission

or attempt to commit a felony ----....------......126, 174, 2005

--Witnesses; immunity from

prosecution --------__... ....... 135, 182, 573, 1171

FETUS HR 251

--Lives of the unborn; Congress

urged to reinstate all legal

protection

..------ ------------------1504, 2465, 2871

FEW, HONORABLE WILLIAM

HR 199

--Remains should be returned to Columbia County for proper reinterment --------.----810

INDEX

3903

FIDUCIARIES

HB 427
SB 203 HB 678 SB 370

--Fiduciary Investment Company Act; Bank Holding Companies; Comptroller of the Currency of the U. S. shall be "supervisory agency" .._._______._____________.___._.............. 408, 480, 1019, 1236, 2637
--Deposits by custodians in a securities depository or clearing corporation _______ 1107, 1111, 1198, 1506, 2005, 3054
--Farm credit institutions; investment in farm loan bonds __......._________________627, 701, 1019, 1287, 2637
--Powers; wills, trusts, or other instruments in writing ___.._.._.__.._.________2491, 2546, 2609, 2800

FINANCE CHARGES HB 263 --Georgia Credit Code; provide for ....................................249, 313

FINANCIAL INSTITUTIONS

HB 356 --Banking and Finance Commissioner;

articles of incorporation _________________ 338, 416, 572, 1151, 1779

HB 612 --Banking Laws; merger of

consolidation ....__.._.___.___.____._.. 614, 691, 1313, 1471, 1526, 2852

HB 949 --Building and Loan Act; off-

premise banking transactions ....1545, 1646, 1759, 2059, 3373

HB 678 --Farm credit institutions;

investment in farm loan bonds ..... 627, 701, 1019, 1287, 2637

SB 203 --Fiduciaries; deposits by custodians

in a securities depository or

clearing corporation _________ 1107, 1111, 1198, 1506, 2005, 3054

HB 1233 --Financial Institutions Code

of Georgia; enact........ ..._.__.._..............2603, 2791

HR 317-1189--Financial Institution Laws

Study Committee; create ____________________ 2186, 2315, 2464, 2878

HB 354 --Georgia Building and Loan

Commissioner; charters ___________________ 337, 416, 572, 655, 1328

HB 264 --Georgia Securities Act of 1973;

provide for _________..________________.286, 349, 1019, 1296, 1395, 2636

HB 164 --Insurance; prohibit transacting

insurance business ......

__________169, 210, 365, 1471, 2516

HB 1180 --Intangible Property Tax;

exemptions __,,__.____.______-_--.-_._ _.._..........2184, 2314

HB 801 --Intangible Tax Equalization Fund;

creation and

administration

.... 916, 1015, 2192, 2523, 2538, 3545

HB 536 --Lender Credit Card Act; method of

computing finance charges _-___._.......__..__.________.____._ 477, 570

3904
HB 925 HB 91 HB 352 HB 355

INDEX
--Lender Credit Card Act; method of computing finance charges ,,..._,,--.,,....---------1371, 1479
--Loans; prohibit any discrimination __________________.___126, 174, 2464 --Powers of Corporations chartered
by superior courts ________.._.._..___.337, 415, 572, 659, 1328, 1970 --Purchase of instruments;
advertisement ...___.___.________.337, 416, 572, 657, 719, 1313, 1471, 1539, 2637

FINGERPRINTS

HB 204

--Arrest identification records; return to person if acquitted _--____--___,,___....--------_--202, 255

FIRE AND FIREMEN

HB 126 HB 213 HB 1113 SB 55 HB 233 HB 374 SB 19 SB 59 SB 15 HR 114 HB 782

--Fire Fighter's Mediation Act; consolidated city-county governments .._.__--_.__ __. _._-... 287, 349
--Fire Fighter's Mediation Act; extend coverage .............._._._._.._.._.. 204, 256, 1020, 1112, 1296
--Fire trucks; flashing or revolving red lights _______.___________________.__________--__._-___.._.1746, 1889
--Firemen's Pension Fund; increase benefits ._.,,___._____________.... 2236, 2239, 2319, 2611, 3036
--Firemen's Pension Fund; increase benefits _..____._._.________________________..._.______.____________242, 308
--Forest fire protection; county funds for privately owned forest land _______........._..__...___.__._341, 419
--Georgia Health Care Facility Fire Safety Act; enact ____._____._________.___1327, 1329, 1374, 2193
--Georgia High-Rise Building Safety Act; enact __._.........._._____.___.___.__......928, 929, 1018, 2611
--Georgia Safety Fire Commissioner; special hazards ____.___...__...________________.__._________.______927, 928, 1017
--Georgia State Firemen's Appreciation Day; commend .____.____.__._......_____.__._......_____.___371
--Volunteer firemen; motor vehicles with flashing or revolving red lights .........._..__.._..._............._._..913, 1012, 1657, 1844, 3373

FIRE MARSHAL, STATE

HB 1083

--Fireworks; public exhibitions or displays ...__._._._._.....-.__.____................._.____.._......_.____1740,1885

FIREARMS SB 88

--Blank cartridges; amend Criminal Code .__.___.__._._..______________.._._...._________.2642, 2777, 2792

HB 458 HB 71
SB 175 HB 473 HB 72 SB 372 SB 385 SB 371 HR 151 HB 190 HB 683 HB 692

INDEX

3905

--Concealed weapons; change

description --------------,,_--,,--------------,,.--_____461, 557

--Concealed weapons; District

Attorneys and Assistant

District Attorneys _ ._--------

.----114, 146, 366, 523

--Criminal Code; criminal

possession ._-----_-----------------------2635, 2779, 2793

--Criminal Code; penalty for carrying

pistol without license ------------____------___.463, 559

--Deadly weapons; negligent

discharge at a human being ........------_------_.115, 146, 1659

--Georgia Firearms and

Weapons Act; amend ____._------2492, 2547, 2609, 3133

--Georgia Firearms and Weapons Act;

mutilation of serial numbers ....... ______.....2643, 2781, 2795

--National Firearms Act;

amend Criminal Code ________________2492, 2546, 2609, 2802

--Pistols and revolvers; issuance

of licenses --------------.-------- .-------- 517, 1761, 2442

--Pistols or revolvers; license

applications ._--_________----_______198, 251, 1200, 1358

--Possession while attempting

to commit a felony ______________________ 686, 791, 1201

--Possession while attempting

to commit a felony ._._.,,....._.___----______--________687, 792

FIREWORKS HB 1083

--Public exhibitions or displays; bond or liability insurance ____----------__------1740, 1885

FISH AND FISHING

HB 188 HB 189 HB 596 SB 132 SB 353 HB 605

--Catch out ponds; trout stamps ----.--------198, 251,1315, 1471, 1515, 2637
--Commercial fish hatchery; define --_--------------------198, 251, 1315, 1471, 1528, 2637
--Commercially raised freshwater trout; purchase and sale .....-- ------_----------553, 636, 1200
--Confiscation of illegal fishing devices ------------.-----1106,1110, 1177,1895, 3068
--Cooperative Marketing Act; include fisheries products --....2236, 2239, 2318, 3134, 3472
--Disabled veterans; honorary fishing licenses ......_._........._.__._--. .555, 638, 1021, 1289, 235S
--House Bills 1402 and 1403 (1972 Session) subcommittee report .------..--------____________,,.__----------._----.--3694

3906
HB 74 HB 919 HB 62

INDEX
--License; liability insurance ------____------_--------115, 147 --Shrimp; count per pound ..............................................1370, 1478 --Shrimp used for bait; use
of power-drawn nets ....................................113, 145, 259, 323

FITZGERALD, CITY OF HR 356 --Commend ..__..--.------------------.____-------------------- 2860

FLAME OF UNITY

HR 396

--Stone Mountain Memorial; urge support of installation and maintenance ._,,._----------.._----_--__.._--------_--__--..--3647

FLINT JUDICIAL CIRCUIT

HB 960

--Assistant District Attorney; qualifications ..........................................1547, 1648, 1761, 1771

FLOURNOY, REV. WILLIAM W. Prayer offered by __-----.----.__.--------------------------3128

FLOWERS HB 594

--Wild Flower Preservation Act of 1973; enact....................... 552, 636, 1560, 1821, 3012, 3051

FLOYD, HONORABLE JAMES H. "SLOPPY"

HR 235

--Award honorary LLB Degree from the University of Georgia Law School ............................_----------.------------__--.1445

FLOYD COUNTY
HB 540 --Hospital authority; vacancies ........__542, 628, 705, 714,1389 HB 595 --Medical Examiner; create office ..........552, 636, 862, 866, 1569 HR 149-596 --Medical Examiner; create office;
amendment to the Constitution .................................... _553, 637, 1201, 1217, 1778

INDEX

3907

FLUORIDATION

HB 51 HB 464

--Incorporated communities; Board of Human Resources .............---.109, 142, 162, 223, 799, 961
--Water quality control; municipal referendums ..----------------------462, 558, 1760

FM AIR RIGHTS COMPANY

SR 119

--State Properties Control Commission; lease .------ 2517, 2547, 2609, 2801, 3343, 3409

FOOD
HB 110 --Excise tax on meals; authorization to levy ------------------------_..._--___131, 178
HB 805 --Excise tax on sale of meals; municipalities ------------------------------------917,1016
HR 337 --Farm Commodities; Secretary of Agriculture urged to support prices ,,.------------......................... 2763, 3132, 3681
HR 236-942 --Food Costs Study Committee; create ................1475, 1556, 3132
HB 505 --Food stamps; penalty for fraud ......--.471, 565, 703, 994, 2041

FOREST PARK, CITY OF

HB 1043 HR 399

--Reincorporate .......................------..1644, 1757, 2008, 2017, 3146
--Senior High School Boys Basketball Team; commend __._...__...._..._...._...._...._._......__.___.3649

FORESTS AND FOREST PRODUCTS

HR 232-930 --Capital gains treatment of timber; Congress urged to preserve ___----.1472,1554,1661, 2497

SR 153

--Capital gains treatment of timber; Congress urged to preserve ------__--------....2708, 2783, 2796

HB 161

--Fire protection; appropriations _ _--------..167, 209, 366, 737, 1572, 3243

HB 161

--Forest fire protection; appropriations __.___________167, 209, 366, 737, 1572, 3243

HB 374

--Forest fire protection; county funds for privately owned forest land .---- _--------._._.__.-- _------__....341, 419

SR 142

--North Georgia Mountains; Federal government urged to halt clear cutting of timber _.--..------ 2638, 2778, 2793, 2991

3908

INDEX

HB 106 --Open Space Lands Assessment Act; enact...._.__.__.._..._._.........._......_........... 130, 178
HR 34-113 --Tax assessment of property; amendment to the Constitution _.___._._...--...--__.__.131, 179
HB 201 --Treated Timber Products Act of 1973; enact _......._.. 201, 253, 1313, 1579, 3008, 3100

FORT VALLEY, CITY OP

HB 908

--Utilities Commission; membership ----_-^_ ________ 1306, 1373, 1660, 1668, 2489

FORTSON, HONORABLE BEN W. --Communication from __,,___._____. 5, 64, 279, 1459, 1983, 3688, 3689

FRANCHISE AGREEMENTS

HB 67

--Gasoline distributors or dealers ______________________..__.,, 114,146, 1021, 1439, 2644, 2737

FRANKLIN COUNTY

HB 624 HR 338
HB 278
HR 122

--Deputy's salary ______________________________________ 617, 693, 863, 868, 1570 --High School Girls Basketball
Team; commend --___._.__.___.__.__..___.__...__.,,_----____-2764 --Junior High Girls Basketball
Team; commend _________________________________________------__-____-___-1684 --Junior High School Band; commend _________ ________.._________453

FRASER, HONORABLE DONALD HINES HR 257 --Commend ......_._.____________________________________________________ 1501

FT. OGLETHORPE, TOWN OF HB 629 --Corporate limits _-____._._..._.._._._______.618, 694, 863, 869, 3379, 3541

FULTON COUNTY
HR 35-121 --Ad valorem tax for educational purposes; amendment to the Constitution ____________.,,__-_.___-__-133, 180
HR 30-80 --Ad valorem tax; homestead exemptions; persons 65 or over or disabled; amendment to the Constitution ____________128, 176, 1896, 1901

HB 522 HB 19 HB 123 SB 80 SB 79 SB 189 HB 498 SB 93 HB 971 HB 1148 SB 92 SB 94 SB 240 HB 1092 HB 1183 HB 170 SB 34 SB 241 HB 568 SB 33 SB 81 SB 82 SB 95 SB 239 SR 152
HB 691 SB 412 HB 991 HB 668

INDEX

3909

--Atlanta, City of; Governmental Merger Commission; create _______________________________._,,__474, 568
--Atlanta, City of; reincorporate .___ _____-__61, 79, 1022, 1047 --Atlanta and Fulton County; transfer
of employees; pensions _.__.---__--____--__--_____--------133, 180 --Atlanta-Fulton County Recreation
Authority; pension benefit credits--2231, 2236, 2316, 3349 --Atlanta-Fulton County Recreation
Authority; pension fund _ __ _ 2230, 2236, 2316, 3349, 3355 --Board of Commissioners;
composition .......................________ 2641, 2779, 2793, 3349, 3352 --Board of Commissioners;
membership _._.__________._____._- ______ _469, 564, 2007, 2009 --Board of Education; dependent
benefits ------------------____.._ _ 2231, 2237, 2317, 3349, 3352 --Board of Education; election _____________._____.___.___________.1549, 1650 --Board of Education; election ----------------__ _ _ ______1879, 1999 --Board of Education; pension
benefits _________ _ 2231, 2237, 2317, 3349, 3351 --Board of Education; pension
benefit credits ----------.________ 2231, 2237, 2317, 3349, 3352 --Civil Court; destruction of
certain records _______----------1390, 1393, 1480, 3349, 3353 --County Commission; Chairman shall
be chief administrative officer ____--1742, 1886, 2008, 2018 --Courts; judges' salaries ___________ 2185, 2315, 2469, 2484, 3366 --Criminal, Civil and Juvenile Courts,
Court of Ordinary; judges' salaries .___________________.___170, 211 --Criminal Court; Assistant
Solicitors ---------------------2641, 2777, 2791, 2993, 3004 --Criminal Court; destruction of
certain records . _--------_.__-- 2039, 2095, 2190, 2467, 3195 --Criminal Court; Director of the
Traffic Violations Bureau -------.--546, 631, 2993, 2997 --Criminal Court; salaries _______ 2230, 2236, 2316, 2993, 3004 --Employees; additional pension benefits ____-1571, 1573, 1653 --Employees; additional pension
benefits _._------------.. 2633, 2777, 2792, 3350, 3360 --Employees' pension fund; disbursements _.___.2485, 2543, 2606 --Fire prevention systems;
unincorporated areas ....._.......1571, 1574, 1654, 3349, 3353 --French Boxcar; transfer to Fulton
County Voiture Locale 217, La Societe Des 40 Hommes Et 8 Chevaux, Inc. .............................. __________-.2517, 2547, 2609, 2610, 3018 --Fulton County Airport; change name to Charlie Brown Airport _._._----_----___.687, 792 --Fulton County Airport; change name to Charlie Brown Airport _______ ______ 3244, 3335, 3348 --Grand juries' requirements ...----_--_ 1634, 1748, 2993, 2998 --House of Representatives; apportionment ______________625, 700

3910

INDEX

SB 54 -Judges; retirement benefits _._._2678, 2783, 2797, 3349, 3351 HB 446 --Municipal streets rights-of-way ....412, 484, 2468, 2475, 3369 SB 101 --Officers and employees; pension
fund participation .............__.._............._...._._...2231, 2237, 2317 HR 184-719 --Pari-mutuel wagering and off-track
betting, amendment to the Constitution ........._.._..._.......___.________________786, 858, 2802, 2845 HR 91-300 --Retired persons' benefits; amendment to the Constitution ...295, 356, 2198, 2225, 3369 HR 133-480 --School Superintendent's appointment; amendment to the Constitution .__,,_,,,,._--...___.__________466, 561 SB 139 --Sheriff's salary .....__..___.,, 1390, 1392, 1479, 3349, 3350, 3680 HB 992 --Special purpose grand juries ...._,,,,_,,.. 1634, 1749, 2993, 2998 HB 667 --State Senatorial Districts; apportionment ............... 625, 700 HR 329 --Superior Court Judges; reduce supplemental payment ----..,,.._._...._,,__.........,,____,,___.,,,,_- ..2369 SB 242 --Tax Commissioner; tax deeds ---1390, 1393, 1480, 3349, 3356 SB 243 --Tax Commissioner; transfer of tax fi. fas. __._______________________._____.1390, 1393, 1480, 3349, 3357 HB 211 --Tax Digests; certification; Municipal Home Rule Act of 1965 __......._... 204, 256, 3072, 3073, 3672 SO 246 --Tax levy; percentage number of mills __,,,,._.__ 1571, 1574, 1654 HB 788 --Tax on alcoholic beverages __...._...-..___._..,,_--........914, 1013 HB 1007 --Transfer of property _,,.._,,_.....,,...__...,,.,,,,.._.,,_._....... 1636, 1751

GAINESVILLE, CITY OF

HB 585 HB 586
HB 587

--Ad valorem property tax.-..-...........550, 635, 1661, 1765, 2486 --Ad valorem tax; fair market value ...._..._...___.__.551, 635, 1661,
1766,2486 --Ad valorem tax; property assessment _______________________ 551, 635,
1661, 1766, 2486

GAMBLING SB 279

--Bingo games; amend Criminal Code ,,__-_.-____--.1513, 1515, 1559, 2004, 3022

GAME AND FISH

HB 778 HB 188
HB 189

--Big game hunters; protective clothing ..._........912, 1011, 1895 --Catch out ponds; trout stamps ..._..______.___.. 198, 251, 1315,
1471, 1515, 2637 --Commercial fish hatchery; define _..............198, 251, 1315,
1471, 1528, 2637

HB 596 SB 132 SB 156 HB 605 HB 444 HB 74 HB 919 HB 62

INDEX

3911

--Commercially raised freshwater trout; purchase and sale ._.-...___---_----._-_--__.___ 553, 636, 1200
--Confiscation of illegal hunting and fishing devices ........................ 1106, 1110, 1197, 1895, 3068
--Deer hunting; safety precautions _____.___.2235, 2239, 2318, 2801, 3199, 3342, 3377
--Disabled veterans; honorary fishing licenses __..555, 638,
1021, 1289, 2359 --Georgia Animal Importation Act; enact __...__.___.._..__..411, 483,
578,1315, 2502, 3676 --Liability insurance; discharge
of a deadly weapon ___________._----._._._._.__.._._.__.______115, 147 --Shrimp; count per pound _.__----.--_----~--_-_-_-1370, 1478 --Shrimp used for bait; use of
power-drawn nets ........____,,--.--.._...._....._... 113, 145, 259, 323

GARDEN CITY, CITY OF HB 1184 --Corporate limits ...._............... 2185, 2315, 2612, 2623, 3160, 3217

GARNISHMENT

HB 35

--Officials of State government; assent as prerequisite _.___--____.___.______-_____-106, 139, 1482

GARRISON, DR. SEARCY S. HR 164 --Commend _..................____________..___._...._______._____________585

GASOLINE (See Motor Fuel)

HR 335 HB 67
HB 136
SB 73
HB 163
HB 108 HR 287 HB 914

--Energy Crisis Study Committee; create ___.....___._-_..2761 --Gasoline Franchise Practices Act;
distributors or dealers .__-114, 146, 1021, 1439, 2644, 2737 --Georgia Petroleum Products Marketing
Act; enact.._..__......._.__...._.____..._....._..._._137, 184 --Inspection and sale; civil penalties
for violations ._.__.____._____._...._927, 929, 1018, 1482, 3277 --Motor Fuel Tax Law; liquid petroleum
products other than gasoline ........169, 210, 430, 663, 1327 --Motor Fuel Tax Law; refunds __.._.____....___._._.130, 178 --Petroleum Products Safety Study Committee; create __1692 --Petroleum tank farms; safety standards ........_.._1369, 1477

GENERAL APPROPRIATIONS ACT (See Appropriations, Budget)
HR 141-536 --Annual appropriations; amendment to the Constitution ._..____~_.......__...._._.._.._...__..477, 570

3912 HB 140
HB 141

INDEX
--Change appropriations of certain agencies for remainder of fiscal year ending June 30, 1973 _.,,_.._----138, 184, 702, 825, 1781, 1787, 1814, 1815, 1817, 1939, 2043
--Fiscal year 1973-74 ...... ....138, 184, 1894, 2271, 3151, 3164, 3244, 3245, 3262, 3483, 3679

GENERAL ASSEMBLY
HB 280 --Acts and Resolutions; Secretary of State to employ person to compile ..___....289, 351, 642, 821, 1780
HR 417 --Adjournment sine die on Friday, March 16, 1973 at 7:00 o'clock p.m. ..------------3519, 3583, 3605, 3263
HB 313 --Annual salary and allowance of members ----------297, 357 HB 343 --Annual salary and allowance of members ..................303, 362 HB 32 --Annual salary and allowance of
members ------_----------....................--106, 139, 1484, 1576 SB 136 --Annual salary and allowance of
members --------------------------.870, 874, 922, 2466, 3389 HR 238-942 --Apportionment; amendment to the Constitution --1475, 1557 HR 150-597 --Apportionment effective after 1980 census;
amendment to the Constitution --------------,,--___. 553, 637 HB 644 --Claims Advisory Board; introduction
of resolutions ...._.-..._------------------621, 696, 1316, 1450 HB 7 --Court continuances for members of
General Assembly _____----------....59, 77, 120, 153, 650, 650 HB 393 --Georgia Legislative Retirement System;
prior service credit ._._--__..__........................305, 364 HB 272 --Georgia Legislative Retirement System;
State Employees' Retirement System; membership .......__..._..____.............................__. 288, 350 HB 832 --Income of members; annual statements ------------1003, 1191 HR 255-978 --Increases during term of office; amendment to the Constitution _____._.____--...............1551, 1651 HR 5 --Joint session to hear address by Governor ...... ---- ....31, 85 HR 6 --Joint session to hear address by Governor ...................33, 148 HR 175 --Joint Session to hear addresses by Senators Herman E. Talmadge and Sam Nunn _------ ..-799, 1924 HB 619 --Lobbyists; financial statements ._..____------616, 692, 1021 --Lobbyists; registration ._------_.___---- 64, 279, 1459, 1983, 3689 HB 520 --Lobbyists; registration fee ..._.----..--474, 567, 1482, 1705 HR 237-942 --Lobbyists; repeal provision declaring lobbying a crime; amendment to the Constitution ............1475, 1556 HB 1033 --Marriage ceremonies; members authorization to perform _____----__------------1642, 1755 HR 174-670 --Meeting; time limit and adjournment; amendment to the Constitution --_----------------626, 700 HR 2 --Notify Governor that General Assembly has convened .....--.......--.__----------_----_ 18, 81 HR 140-535 --Parking spaces for members; Georgia Building Authority ............477, 570, 1560, 1698, 2638, 3280

INDEX

3913

HR 253-952 --Privilege of members; amendment to the Constitution ._..._.___._________._._...-----.....1546, 1647
SR 32 --Reduce number of members; provide for four-year terms; change number of meeting days; compensation; amendment to the Constitution __________________,,__.______.2236, 2239, 2319
HR 239-942 --Salaries of State officials; increases during term of office; amendment to the Constitution --.1475, 1557
HB 786 --Salaries of State Officials; introduction of bills ....914, 1013 HR 186-734 --Salaries of State officials; increases or decreases
during term of office; amendment to the Constitution ____._.______________,,__________________..........789, 861 HR 241-942 --Special election to fill any vacancy; amendment to the Constitution ....._._._-..-_..__._._.._.......____1476, 1557 SB 166 --State Board of Pardons and Paroles; compensation for appearing before board _,,...._......,, 2234, 2238, 2317, 2992 HB 239 --State Employees' Retirement System; creditable service ---__,,--_____.--_____,,__ ___,,-. _._______,,,, 243, 308 HB 210 --State Employees' Retirement System; creditable service ___--________.....,,_____--__--___,,_..204, 256, 1484 SB 64 --State Employees' Retirement System; messengers and doorkeepers ..._... 870, 873, 922, 1484, 1702 HB 979 --State officials; fiscal notes evaluating bills changing salary or allowance -___________.._._--1495, 1558, 1762 HR 419 --Telephone Center; appreciation to ladies .....__._._--_____3663 HR 83-280 --Unicameral Legislature; provide for; amendment to the Constitution _...._,,,, 290, 351, 1021, 1112, 1298

GENERAL TELEPHONE COMPANY HR 286 --Relative to rate increase _____,,__..--____--__........_,,...... 1691

GEORGIA ADMINISTRATIVE PROCEDURE ACT

HB 817 HB 533

--Department of Human Resources; appeals and judicial review ....,,.,,....._..............___________1000, 1189
--Private Employment Agencies Act; regulations ....._..._. ....476, 569, 1656, 2143, 3156, 3245

GEORGIA ANATOMICAL GIFT ACT SB 107 --Death; define _._-.......-...,,. 1225, 1226, 1312, 2800, 3118, 3375

GEORGIA ANIMAL IMPORTATION ACT HB 444 --Enact __________-_-._______._-,,_411, 483, 578, 1315, 2502, 3676

3914

INDEX

GEORGIA BUILDING AUTHORITY ACT
HB 1057 --Bonding capacity _-._..__.._.._._.__.-._..._..._...........1735, 1881 HR 140-535 --General Assembly; parking spaces
for members ..___.._______________477, 570, 1560, 1698, 2638, 3280

GEORGIA BUREAU OF INVESTIGATION

HB 6

--State Employees' Retirement System; widows' benefits .................-59, 77, 2321, 2654, 3623, 3628

GEORGIA BUSINESS CORPORATION CODE

HB 571

--Corporate charters for stock and mutual insurers ........_...........548, 632, 703, 1158, 1778, 1972

GEORGIA BUSINESS DEVELOPMENT CORPORATION ACT

HB 356

--Banking and Finance Commissioner; articles of incorporation __._._--...338, 416, 572, 1151, 1779

GEORGIA CIVIL DEFENSE ACT

HB 385

--Redefine policy and purpose of civil defense ...__.__._..___________.343, 421, 796, 1340, 2041

GEORGIA CIVIL PRACTICE ACT

SB 46 SB 29

--Dismissal of suits pending for a period of three years ..,,--.____~_~__--_.__..369, 375, 426
--Interlocutory appeals upon petition; Supreme Court and Court of Appeals ....1105, 1109, 1196, 1482, 3214

GEORGIA CODE OF PUBLIC TRANSPORTATION

HB 348 SB 140

--Revise, classify, consolidate, and repeal Title 95 and establish new laws ...,,___.--.______________.336, 414, 572
--Revise, classify, consolidate and repeal Title 95 and establish new laws --.__~~__..--..871, 874, 922, 1315,
3127, 3273, 3377

GEORGIA COMMISSION FOR THE NATIONAL BICENTENNIAL CELEBRATION
HB 926 --Create _____._.____._._____1471, 1553, 2004, 2264, 3011

INDEX

3915

GEORGIA CONTRACTORS LICENSING BOARD HB 113 --Create ________________________________.._...._....._131, 178, 703, 976

GEORGIA CORRECTIONAL INDUSTRIES ACT

HB 411

--Georgia Correctional Industries Administration; membership -__.___........_........-.........._.348, 424, 797, 1161, 2234

GEORGIA CREDIT CODE HB 263 --Provide for ...._... .-.____._.________------..._.._.._..,,.....__.___ 249, 313

GEORGIA CRIME INFORMATION CENTER HB 579 --Establish ...-......__.___.._..._... ...-__549, 634, 1483, 2112, 3372

GEORGIA CRIMINAL JUSTICE ACT

HB 37

--Indigent persons; representation .____._._.__107, 140, 1201, 2139, 2229, 2881

GEORGIA DEVELOPMENT AUTHORITY FOR HOUSING FINANCE ACT HB 709 --Enact .__..__._..____________________.__-------. 783, 856

GEORGIA DRUG ABUSE CONTROL ACT HB 599 --Condemnation of merchandise ............................554, 637, 2005

GEORGIA EDUCATIONAL ACCOUNTABILITY ACT

HB 362 HB 369

--Enact ...__._.._._.________...--_..._______.__..._._._..339, 417 --Enact ._.._-___- .................340, 418, 2192, 2688

GEORGIA EDUCATIONAL RESEARCH AND DEVELOPMENT ACT HB 367 --Enact._._.._.__..__..__.______-.....................340, 418, 2003, 2508
GEORGIA ELECTION CODE (See Elections, Voting) HB 230 --Ballots; defective ballot cards ............241, 307, 367, 444, 2233 HB 961 --Ballots; uncontested offices _.__...-__._,._._.-_....-_-.1547, 1648

3916
HB 618 HB 59 HB 88 HB 217 HB 566 HB 626 HB 226 HB 187
HB 231 HB 212 HB 25 HB 24 HB 89
HB 143
HB 229 HB 270 HB 227
HB 228 HB 43

INDEX
--Campaign contributions and expenditures --..--616, 692, 1021 --Candidates qualifying with more than one political
party; prohibit ._.____________________________ 112, 144, 259, 332 --Candidates soliciting votes within certain distances
of polling places; remove exemption _______.125, 174, 259, 377 --Electors list; addresses; certification to
Secretary of State ---------------___.___ 205, 257 --Electors; registration by mail ----546, 631, 1485, 2121, 2521 --Electors required to present identification
prior to voting ___________________________________________ 617, 693, 1762 --Electors vote in district registered; counties of
less than 50,000 population _______,,,,__.____,,_ 240, 306, 367, 439 --Judges of Superior Courts and Court of Appeals;
Justices of Supreme Court; non-partisan election _--__----._-____.______.-198, 251, 1021, 1724, 1784 --Municipal Election Code; runoffs _________ 241, 307, 367, 446 --Municipal elections; date and notice____________________ 204, 256 --Polls to remain open until 8 P.M.; all primaries and elections __________________________________,,______.___.___,,_ 62, 80, 575 --Polls to remain open until 8 P.M.; municipal primaries and elections ___.____-_____.___._______________62, 80, 575, 968,1112,1300 --Presidential preference primary; primaries; delegates ______.____________125, 174, 259, 379, 3380, 3521, 3545,
3570, 3571, 3592, 3630, 3631
--Primaries; each registered voter entitled to participate in nomination of candidates by each political party .______._____________________________________________________ __164, 206
--Primaries; unopposed candidates _______._______________________.241, 307
--Qualification fees; change provisions _______.__________.____.287, 350
--Qualifying; change method and fee _______ 241, 307, 367, 441, 2642, 3030, 3097, 3279, 3301
--Special elections; change provisions ___ 241, 307, 367, 442, 1671
--Voting machines; disabled and elderly persons _______ 108, 141

GEORGIA-GEORGIA TECH FOOTBALL GAME
HR 262-1012--State Board of Education authorized to televise on State Educational Television Network _____________________________________________ 1638, 1752

GEORGIA GIFT TO MINORS ACT HB 812 --Age of Majority; clarification ______999, 1188, 1656, 1820, 3152

GEORGIA HEALTH CARE FACILITY FIRE SAFETY ACT SB 19 --Enact _____--.___._______._____________._.1327, 1329, 1374, 2193

INDEX

3917

GEORGIA HEALTH CODE

HB 451
HB 817
HB 468
HB 469 HB 472 HB 998 HB 450
HB 852
HB 816 SB 229

--Ambient noise control; regulation of sources of emission _--------_.------____--______________--..413, 484, 2465
--Appeals and judicial review; appellate procedure _____________________...............lOOO, 1189, 2464
--Civil penalties; procedure for imposing penalties ___________________________________----414, 485, 1760
--Confined Animal Control Act; provide for ----.414, 485, 1314 --Confined Animal Control Act; provide for ______463, 559, 1314 --Declaration of intent ___________________..______1635, 1749 --Health and Sanitation Standards for Individual Water
Supply Systems; provide minimum standards ___--412, 484 --Health and sanitation standards for subdivision
development ____________,,___--__.__--______----..1007, 1194 --Midwifery; rules and regulations __________________ 1000, 1189 --State departments, agencies, etc.; sworn affidavits
relating to violations ________________ 1572, 1574, 1653, 2799

GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION

HB 942

--Student loans; maximum amount guaranteed ___1475, 1556, 1562, 1703, 3678

GEORGIA HIGH-RISE BUILDING SAFETY ACT SB 59 --Enact _________________________________928, 929, 1018, 2611

GEORGIA HISTORICAL COMMISSION

SB 257 HB 371

--Department of Natural Resources; functions transferred _________________________________..1670, 1672, 1758
--Transfer functions to Department of Natural Resources _______________.____-____________340, 418, 704, 875, 2040

GEORGIA HOUSING MERCHANT LIABILITY ACT HB 271 --Enact _______ -------------------------------------- ... 288, 350

GEORGIA INDUSTRIAL LOAN ACT HB 34 --Penalty provisions; amend ______________________ 106, 139, 572

GEORGIA LAND DEVELOPMENT ACT OF 1972

HB 731 HB 730

--Subdivided lands; out-of-state sales ___._.____788, 860, 1317, 1452, 3152
--Subdivided lands; performance bond _________...788, 860

3918

INDEX

GEORGIA LEGISLATIVE RETIREMENT SYSTEM (See General Assembly)

HB 393 HB 272

--Credit for prior service _._...____________________________,305, 364 --State Employees' Retirement System;
membership .__.____.__.__.,,-.-._-.._..-....-..,, 288, 350

GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT HB 78 --No-fault motor vehicle insurance __.._....._.116, 147, 1482, 2381

GEORGIA MUNICIPAL ASSOCIATION

HR 354 SB 168

--Commend __...........___...._._____._...._.._..__.2776, 3008 --Commend __----__..__._.......--....._..._-_.2489, 2544, 2606

GEORGIA NATIONAL GUARD

HR 243 HB 441 HB 376

--Commend ______-_________________1496, 1669 --Free license plates ___________410, 483, 796, 1230, 1777 --Income tax; exemptions _~_~__________-___341, 419

GEORGIA OCCUPATIONAL SAFETY AND HEALTH ACT OF 1973 HB 259 --Provide for _._________._____._.__247, 312, 1020, 1384

GEORGIA PEACE OFFICERS' STANDARDS AND TRAINING COUNCIL

HB 395
HB 647 HB 358

--Establish .__.___..-..345, 422, 798, 1471, 1629, 1694, 2197,
2925, 3018, 3018 --Functions ___.__...__..__________.______621, 697 --Minimum age __...-._- ________-_-.338, 416, 642, 823, 2040

GEORGIA PETROLEUM PRODUCTS MARKETING ACT HB 136 --Enact .____.___.__________..___.__.___.._137, 184

GEORGIA PORTS AUTHORITY SB 72 --Membership ........____.........7l5, 717, 795, 2196, 2967, 3014, 3376

INDEX

3919

GEORGIA POST MORTEM EXAMINATION ACT

HB 954 HB 562 HB 1192
HB 372

--Coroners' inquests; witness fees for peace officers _..__.__.-.-...__.___._--...______--.__._..._.-......_.__._,,_ 1546, 1647
--Coroners; Medical Examiners; duties and powers ...._545, 631,1314
--Department of Public Safety; State Crime Laboratory; airplane lease or rental _________________2187, 2316, 2467, 2533
--Medical Examiners; fees __...____.._...__.,,___._. 341, 418, 486, 675

GEORGIA POULTRY FEDERATION, INC. HR 226 --Commend officers ....________________.-_.__._.__.__~._._.__1146
GEORGIA POWER COMPANY HR 126 --Commend ___.___..._________,,___.____.,,____-______.__._.._,,___-_....456

GEORGIA PRISON INDUSTRIES ADMINISTRATION

SB 146

--State Board of Corrections; services .___.----------------______..1106, 1110, 1198, 2197, 3062

GEORGIA PROPRIETARY SCHOOL ACT HB 898 --Plight schools; exemptions ........1304, 1372, 2465, 2515, 3372

GEORGIA PUBLIC SERVICE COMMISSION
HB 327 --Commissioners' emeritus; compensation __________ 300, 360, 2466 HR 233-930 --Court of Appeals; review of orders; amendment
to the Constitution ...........__...__......__________ 1473, 1554 HR 286 --General Telephone Company; relative to rate increase ....1691 HB 955 --Georgia CATV Regulatory Surveillance Act _1546, 1647 HB 2 --Georgia Territorial Electric Service
Act; create ____....___.________.-_._.___.58, 77, 703, 883, 2358 HB 897 --Judicial review of orders involving utilities ......._1304, 1372 HB 869 --Motor carriers; protective wheel flaps ____---.1183, 1308, 2319 HB 60 --Motor carriers; redefine ........_.__._.__--.112, 144, 262, 3678 HB 864 --Motor carriers; transfer functions to Department of
Public Safety ........._..-..._...____._._..._...._....._._.1182, 1307, 1657 HB 927 --Motor common carriers; temporary
emergency authority ......._....1472, 1554, 1657, 2227, 3010 HB 928 --Motor contract carriers; registration and
license .....---__.-....__..1472, 1554, 1657, 2269, 3011

3920
HB 54 HB 969 HB 1120
HB 1149 HB 1121 HB 398
SR 131

INDEX
--Office of Public Counselor; create ..._____._______________110, 142 --Operating costs _.__--_-_-_.__-__.________1649, 1650, 2004, 2264, 2852 --Rate increases; consideration of service
rendered ___-___,,,,,,_-______-___._--,,.1747, 1890, 2467, 2699, 3374 --Rate increases; hearings; suspensions ........_________ 1879, 1999 --Rate increases; provisions governing suspension --.1747, 1891 --Safety inspections for certain motor vehicles;
functions transferred _-______,,,,,,--.__________._345, 422, 641 --Supreme Court; review of rate orders; amendment
to the Constitution ____,,__--_..___--_-.___--__-_____-2851, 2979, 2988

GEORGIA RADIATION CONTROL ACT HB 713 --Extend regulations ..._......___-_....-.784, 857, 1655, 2558, 3372
GEORGIA REAL ESTATE COMMISSION HB 576 --Provide for _________________-____________549, 633, 2194, 2563, 3152

GEORGIA RECORDS ACT SB 21 --Authorities; vital records .__.369, 374, 425, 2991, 3537, 3680

GEORGIA SAFETY FIRE COMMISSIONER

HB 853 SB 15
SB 19
HB 914 HB 139

--Blasting operations; rules and regulations ,,_____. 1007, 1195 --Buildings and structures which constitute special
hazard; specifications __~_____...._________~927, 928, 1017 --Georgia Health Care Facility Fire Safety Act;
enact .-._._. ___--_._._^__--______,,_---_._ 13 27, 1329, 1374, 2193 --Petroleum tank farms; safety standards ___.__________.1369, 1477 --Uniform Standards Code for Mobile Homes
Act; enact ..._.,,_____________.-.-________.._--___.._______-___.138, 184, 185

GEORGIA SECURITIES ACT OF 1973 HB 264 --Provide for ________.____..______._________.286, 349, 1019, 1296, 1395, 2636

GEORGIA STATE FINANCING AND INVESTMENT COMMISSION SB 358 --Create ____________ 2679, 2783, 2797, 2992, 3264

GEORGIA STATE UNIVERSITY

HR 342

--School of Urban Life; Legislative Assistance Program; commend _----___-_--_-.-_,,_,,_---.._--.----_.__,,___----.___--2767

INDEX

3921

GEORGIA SURFACE MINING ACT HB 962 --Clarifications __-._-_____--_.___-_____.._~-~___-_-____-.....-.1647, 1648

GEORGIA TERRITORIAL ELECTRIC SERVICE ACT HB 2 --Create ...____..._.__.._-...._.__--..__..___.__._-_____...._.__.58, 77, 703, 883, 2358

GEORGIA WHITE CANE ACT HB 604 --Blind and visually handicapped persons ... 555, 638, 2193, 2496
GEORGIA WILD AND SCENIC RIVERS SYSTEM HB 756 --Provide for ___.-..__.____......__.___...__._.....-._____.......___.__.__....____.856, 921

GEORGIA WORLD CONGRESS CENTER

HB 1037 HB 1058

--Executive Board; create ... 1643, 1756, 2323, 2963, 3678 --Executive Board; create ..____-...._.__._....______.........1735, 1881, 2323

GEORGIA YOUTHFUL OFFENDER ACT

HB 753 HB 842

--Community rehabilitation centers ... 855, 921, 1656, 1818, 2852 --Sentencing of defendants; conditional
releases __-_..__-___....._.___...-._.____.-.._.__._.....-1005, 1193, 1656, 2588

GERALD, REV. INMAN --Prayer offered by _....-_____.....__-_-..,,___-......._____...._.._._,,_.__.----1989

GIFT TO MINORS ACT HB 812 --Age of Majority; clarification ---.999, 1188, 1656, 1820, 3152

GILSTRAP, REV. L. G. --Prayer offered by ._--.._______......._._._,,._---_...,,--_._._-__.._~3345

GLASCOCK COUNTY HB 935 --Deputy Sheriff's salary _____.__.1474, 1555, 1763, 1770, 3145

3922
GLASS SB 299

INDEX
--Prescription eyeglasses or sunglasses; manufacturer's regulations ------------_...------.2636, 2779, 2793, 2799, 3022

GLOVER, REV. FRED --Prayer offered by ______-_..______._______________-____-__..-2181

GLYNN COUNTY

HB 767 HB 768 HB 769

--Sheriff's salary ___________________________.-910, 1010, 1376, 1380 --State Court; salaries _________..._ -910, 1010, 1376, 1381, 3144 --State Court; selection of jurors ___.910, 1010, 1376, 1381, 3144

GNANN, MRS. PEARL RAHN HR 279 --Express sympathy for passing of _____________________.__1685

GODFREY, HONORABLE GAYLE T. HR 300 --Mayor of Cave Springs; commend _,,__--_____--__________2101

GORDON COUNTY
HB 501 --Commissioner's clerk; appointment --470, 564, 705, 707, 1387 HR 180-719 --HAND UP, INC., appropriations; amendment to the
Constitution ,,----------------------..785, 858, 1201, 1219, 1778 HB 1025 --Industrial City; create within Gordon, Murray
and Whitfield counties .-1553, 1654, 2468, 2475, 3300, 3313 HB 930 --Officers' salaries _______________...._1472, 1554, 1762, 1769, 2487

GORDON SINGERS HR 324 --Commend _____________-_____._-._-___-_____..___________2367

GOVERNOR
--Communication from -_____________--__--____.__,,___- 50, 85, 155 HR 43-135 --Eligibility for succession effective 1982;
amendment to the Constitution ___._____________137, 184 HR 21-58 --Governor and Lieutenant Governor elected jointly;
amendment to the Constitution ___--_.__________ 112, 144, 1021

INDEX

3923

HB 997 --Secretaries and clerical personnel; appointment and salaries ......___..__.........1635, 1749, 1896, 2043, 3374
HR 56-161 --Succession; amendment to the Constitution _______________ 169, 210

GRAHAM, DR. BILLY

HR 296

--Atlanta Billy Graham Crusade; urge and pledge support ________________.___________________________._____2097, 2235

GRANTS SR 93
HB 349 SB 335 HB 470

--Educational assistance grants to qualified students who are children of deceased servicemen and to certain veterans; amendment to the Constitution ___-_____________-__.._.___..____.1572, 1573, 1653
--Municipalities; street construction and maintenance and traffic control; Department of Administrative Services _._._.___._.-__...._______.___336, 415, 572, 666, 1389
--Students; independent colleges and universities; academic classification _.___~_.2358, 2361, 2464, 2994, 3585
--Tax relief to counties; allocation ___._.____._______.____..._....414, 485

GRANTVILLE, CITY OP HB 1091 --Corporate limits _____...________-_.._-1741, 1886, 2322, 2351, 3147

GRASS SB 255

--Sea oats; prohibit cutting, harvesting, removing or eradicating .._,,______________________________ 1390, 1394, 1480, 2320, 3081

GREENE COUNTY

HB 656 HB 1151

--Corporate limits ___._...,,-__________.__..623, 698, 1022, 1028, 1776 --School Superintendent's appointment ... .1879, 1999, 2469,
2479, 3149

GRIFFIN, CITY OF

HB 993 HB 1061

--Board of Commissioners; Chairman's election ......__.________________.1634, 1749, 1896, 1901, 3146
--Street construction _________________.1736, 1881, 2322, 2348, 3146

GRIFFIN JUDICIAL CIRCUIT HB 704 --Salaries ._____________-_-..__-._______.690, 794, 1201, 1214, 2946, 3407

3924

INDEX

GRINER, REV. VIRLON H. --Prayer offered by ,,_____._____-__.___.___.____.____..,,..___. 2598

GROUNDWATERS

HB 735 HB 985

--Groundwater Use Act of 1972; amend _____..___.789, 861, 2006 2251, 3291, 3297
--Ground Water Use Act of 1972; Georgia Water Management Control Board --__--___--_--_--__--_1552, 1652

GUARDIANS HB 812 SB 331 SB 379 SB 332
HB 862 HB 863

--Age of Majority; Georgia Gift to Minors Act __....._-____..--__________ 999, 1188, 1656, 1820, 3152
--Appointment because of mental incompetence; physician's statement ._.___,,._..2358, 2360, 2463, 3134, 3540
--Incapacitated persons; procedure for appointment ________........___.......3009, 3125, 3131, 3133
--Minors and insane persons; ordinary's responsibility as custodian for funeral and burial expenses ___._____.______.2358, 2361, 2463, 2799, 3259
--Ordinary's authority to appoint successors __--____. 1181, 1307, 1629, 1658, 1853, 3676
--Ordinary's authority to appoint successors _----__. 1182, 1307, 1658, 1855, 3676

GUARDS

--Security Guard Qualifications Committee report __.......3745

GUNS SB 88 HB 458 HB 71
SB 175
HB 473
SB 372
SB 385
SB 371

--Blank cartridges; amend Criminal Code _____.2642, 2777, 2792 --Concealed Weapons; change description _________________ 461, 557 --Concealed weapons; District Attorneys and Assistant
District Attorneys __________________114, 146, 366, 523 --Criminal Code; criminal possession of firearms __-.-2635,
2779, 2793 --Criminal Code; penalty for carrying pistol
without license .__.________________________463, 559 --Georgia Firearms and Weapons Act
amend ____________________...2492, 2547, 2609, 3133 --Georgia Firearms and Weapons Act; mutilation
of serial numbers ........______________2643, 2781, 2795 --National Firearms Act; amend Criminal Code ___.2492, 2546,
2609, 2802

HB 72 HR 151 HB 190
HB 683
HB 692

INDEX

3925

--Negligent discharge at a human being; penalty 115, 146, 1659 --Pistols and revolvers; issuance of licenses .--517, 1761, 2442 --Pistols or revolvers; license applications ___-____----.--.198, 251,
1200,1358 --Possession while attempting to commit a
felony __________________.______________ ..686, 791, 1201 --Possession while attempting to commit a
felony ------------.___----------__----------__.._----687, 792

GUY, HONORABLE RAY HR 292 --Commend __________________.________._.___ _1785

GWINNETT COUNTY

HB 1046 --Board of Commissioners; chairman's

salary ...__................._._......_..1645, 1757, 2612, 2613, 3364

HB 777 --Board of Elections

____........912, 1011, 1376, 1384, 2038

HB 1044 --County officers' salaries ----_-_ 1644, 1757, 2802, 2826, 3364

HR 271-1049--Officers' salaries; amendment to the Constitution 1645, 1758

HB 1165 --State Court; jury composition ________--__.1993, 2189, 2469,

2482, 3154

HB 1186 --State Court; salaries _----_____. 2185, 2315, 2612, 2624, 3366

HB 570 --Superior Court Clerk, Sheriff and Ordinary;

vacancies ________________.548, 632, 1318, 1319, 2039, 2662

HB 1045 --Tax Commissioner's salary .__._.,,__ 1644, 1757, 2802, 2826, 3364

GWINNETT JUDICIAL CIRCUIT HR 201-779 --Law books ----______.._______.___._. 912, 1011, 1761, 2592, 3675

H

HABEAS CORPUS

HB 671
HB 357 HB 886

--Petitions for writ; waiver of grounds not claimed _________.626, 700, 780, 1199, 1355, 3677
--Petitions; jurisdiction and venue ----_____338, 416, 487, 739 --Petitions; verifications _________--.1186, 1311, 1761, 2551

HABERSHAM COUNTY

HB 1126 HB 938

--Board of Education; election .-1875, 1996, 2322, 2346, 3148 --Clerk of the Ordinary;
salary ______________._,,_,,_____ -1474, 1556, 2007, 2012, 2639

3926

INDEX

HE 268-1017--Convey and acquire certain real property ,,-_..__._______._..._ ..1639, 1753, 2468, 2649, 3370
HB 745 --Coroner's salary ____.___..__.________________.854, 920, 1375, 1377, 2038 HB 943 --Elections _______________....................1476, 1557, 2007, 2013, 2639 SB 419 --State Court; secretary for the
Solicitor ......................................3054, 3126, 3132, 3349, 3354 HB 1076 --State Court; terms -----.-.-.-..---..-.....__._..-1739, 1884, 2611

HALL COUNTY

HB 585 HB 587
HB 586
HB 839 SB 399 HR 347

--Ad valorem tax; property -._..... ....550, 635, 1661, 1765, 2486 --Ad valorem tax; property
assessment ___________________________.....551, 635, 1661, 1766, 2486 --Ad valorem tax; fair market
value ._......__.---------.- .-.-...-551, 635, 1661, 1766, 2486 --Burial expenses for paupers ....... 1003, 1192, 1561, 1565, 2357 --Coroner's salary __________._..__.__.2847, 2980, 2989, 3349, 3358 --East Hall High School Basketball
Team; commend .____._________.___.____.____.___..._._________......... 2771

HAMILTON, CITY OP

HB 789

--Mayor and Council; terms of office .__-------.._._.914, 1013, 1486, 1489, 2232

HANCOCK COUNTY

HB 865
HB 868
HB 867 HB 866

--Board of Commissioners; annual audit .... .......................1182, 1307, 1561, 1567, 2357
--Board of Commissioners; police ._..------..__ 1183, 1308, 1561, 1568, 3145
--Sheriff's deputies .....................1182, 1308, 1561, 1567, 2357 --Tax Commissioner's salary ..........1182, 1308, 1561, 1567, 2357

HANDICAPPED PERSONS

HB 604 SB 262
HB 622
HB 698 HB 507
HB 700

--Georgia White Cane Act; enact ................555, 638, 2193, 2496 --Identification cards; Department
of Public Safety ............1913, 1916, 2001, 2320, 3034, 3378 --Income tax exemptions for
transportation to and from work ........._...---__..___616, 693 --License plates; issuance ....._........._. 689, 793, 1483, 2512, 3152 --Protective Services for Adult Act;
Department of Human Resources ... ...............--....-.471, 565 --Public buildings; elevators .........___.__.689, 793, 923, 1169, 3151

INDEX

3927

HAPEVILLE, CITY OF HB 115 --Charter; repeal _._.___.....__.....__.__.,,..__..._.. _._,,.._..............132, 179

HARALSON COUNTY

HB 1177 HB 1179 HB 1178

--County Commissioner's salary _.___ __...__.2184, 2314, 2612, 2622 --Ordinary's salary ___._____,,.___ ..._.___._______.2184, 2314, 2612, 2622 --Tax Commissioner; clerical assistant ___ 2184, 2314, 2612, 2622

HARBIN, HONORABLE GIL HR 170 --Commend .......___._....._.._______________._.__._._.__.,._.____........590

HARBORS SB 285

--Department of Transportation;

financial support

1391, 1394, 1481, 1894, 2967

HARPER, SERGEANT GLENN HR 219 --Commend

......___...._.___._.__.__.___.________________________________1141

HARRIS, CECIL HR 315-1180--Compensate

...................................2184, 2314

HARRIS COUNTY

HB 1226

--Board of Commissioners' salaries ...._...._..._.._._.__................. 2602, 2790, 2993, 3002, 3674

HARRISON, HONORABLE ROBERT L., SR. HR 110 --Congratulate -----.-.-.---,,....._._________________.________327

HART COUNTY

HB 843 HB 845
HB 844

--Sheriff; salaries .........___________________ 1005, 1193, 1561, 1565, 2357 --Superior Court Clerk and
Ordinary; salaries ........_._._......_..1005, 1193, 1561, 1566, 2357 --Tax Commissioner; personnel and
salaries ........................................1005, 1193, 1561, 1565, 2357

3928

INDEX

HARWELL, HONORABLE JACK U. HR 167 --Editor of The Christian Index; commend ------------_------587

HEALTH AND HEALTH DEPARTMENT

SB 381
HB 817 HB 51 HB 504
HB 451 HB 998 HB 450
HB 816 HB 468 HB 852 SB 229 SB 195 HB 360 SB 16
SB 180 SB 185 SB 380 HB 259 HB 507 HB 602

--Alcoholics and drug addicts; ordinary's duty to deliver to emergency receiving facilities __,,____.__,,__--------_------2643, 2781, 2795
--Appeals and judicial review; appellate procedure ___..__------------------ _ __1000, 1189, 2464
--Board of Health; fluoridation in incorporated communities --__._._ 109, 142, 162, 223, 799, 961
--Certificate of Need; hospitals, nursing homes and related health care institutions --------471, 565, 1481, 2592, 2718, 2856
--Georgia Health Code; ambient noise control _------------------------____ 413, 484, 2465
--Georgia Health Code; declaration of intent --------1635, 1749 --Georgia Health Code; Health and
Sanitation Standards for Individual Water Supply Systems --------------__--------------.412, 484 --Georgia Health Code; midwifery .............................. 1000, 1189 --Georgia Health Code; procedure for imposing penalties -_._,,--_____----___414, 485, 1760 --Georgia Health Code; subdivided land ----------..1007, 1194 --Georgia Health Code; sworn affidavits relating to violations ----.1572, 1574, 1653, 2799 --Hospital authorities; define "project" _____________________----------1390, 1393, 1480, 2193, 3020 --Local Health and Rehabilitative Services Act of 1973; enact ----..338, 417, 1020, 1471, 1925 --Long-term health care facilities; establish ______ .----------1512, 1514, 1558, 2193, 3036, 3291,
3384, 3473, 3483 --Mental Health, Interstate Compact
on; enact ----------------------------------.871, 923, 1481, 3084 --Mental health; rights of persons .------_._.. 871, 923, 2799, 3251 --Mental illness; ordinary's responsibility;
emergency receiving facilities _--------_.___.2643, 2781, 2795 --Occupational Safety and Health
Act of 1973 ..----------------------.--------247, 312, 1020, 1384 --Protective Services for Adult Act;
Department of Human Resources _......--------------471, 565 --Unfit dwellings; suspension of duty
to pay rent .....................__.._____........_....__.........__...__.____.._.554, 638

HEALTH CARE FACILITIES

SB 19

--Georgia Health Care Facility Fire Safety Act; enact --------.------------ 1327, 1329, 1374, 2193

SB 15 SB 16

INDEX

3929

--Georgia Safety Fire Commissioner; building specifications ------------------------_927, 928, 1017
-- Long-Term health care facilities; establish ...............-1512, 1514, 1558, 2193, 3036, 3291, 3384, 3473, 3483

HEALTH CODE, GEORGIA

HB 451
HB 817
HB 468
HB 469 HB 472 HB 998 HB 450
HB 852
HB 816 SB 229

--Ambient noise control; regulation of sources of emission .........._-.^.._.-._-,._.._^......._.413, 484, 2465
--Appeals and judicial review; appellate procedure --------------_________1000, 1189, 2464
--Civil penalties; procedure for imposing penalties ______________------------.414, 485, 1760
--Confined Animal Control Act; provide for ,,____414, 485, 1314 --Confined Animal Control Act; provide for __..._463, 559, 1314 --Declaration of intent ______.___.----------------------------1635, 1749 --Health and Sanitation Standards for
Individual Water Supply Systems; provide minimum standards ------_------___-_----412, 484 --Health and sanitation standards for subdivision development ----------------------1007, 1194 --Midwifery; rules and regulations.________--------.1000, 1189 --State departments, agencies, etc.; sworn affidavits relating to violations _.__._...._._._..__.___.____.__........------1572, 1574, 1653, 2799

HEALTH, EDUCATION AND WELFARE HR 336 --Guidelines; expressing objection ___--......----.._--.__2762, 2798

HEARD COUNTY

SB 127 SB 126 SB 128 SB 125
SB 129

--Board of Commissioners' salaries ____716, 717, 795, 2612, 2627 --Ordinary's salary --------__.__.______--.716, 717, 795, 2612, 2627 --Sheriff's salary __________________________716, 718, 795, 2612, 2628 --Superior Court Clerk's
salary ____________________________ -716, 717, 795, 2612, 2627 --Tax Commissioner's salary ..... ........716, 718, 796, 2613, 2628

HEATERS HB 153 HB 543

--Hot water tanks or heaters; relief valves mandatory .---------------- 166, 208, 572, 756, 1512
--Water heaters; safe construction and installation ____.__.___.__----............542, 628, 923, 1269, 3011

3930

INDEX

HENRY COUNTY

HB 1140
HB 1138 HB 1137 HB 1139
HB 1136

--Board of Commissioners; salaries _._..______._--. 1877, 1998, 2468, 2476, 3160, 3336, 3377
--Coroner's salary ....._.._...__.._-,___..________.1877, 1997, 2468, 2476 --Recorder's Court; create ....._______.1877, 1997, 2322, 2355, 3364 --Sheriff, Superior Court clerk and
ordinary; salaries ___.1877, 1997, 2468, 2476, 3160, 3339, 3377 --Water and Sewerage
Authority _____________ 1876, 1997, 2322, 2355, 3160, 3338, 3377

HESTER, EUGENE HR 106-375 --Compensate ___.----___----___--____________.342, 420, 2003, 2247, 3157

HIGHER EDUCATION ASSISTANCE CORPORATION

HB 942

--Student loans; maximum amount guaranteed ___...____--.___..._.....______.1475, 1556, 1562, 1703, 3678

HIGHWAYS (See Department of Transportation)

HB 881 HB 73 HB 447 HR 364 HB 1038 SR 82 HR 211 SB 238
HB 9 HB 8 SB 168 SB 20 HB 348

--Accident reports by individual and law enforcement agencies _--______________________________1185, 1310
--Accident reports; Department of Public Safety _____.___________.__________.115, 146, 427, 533, 1107
--Bridges and tunnels; municipalities authority to erect, all public ways ______---------------.412, 484
--Corridor Loop Study Committee; create ___.__..--.............. 2867 --Dead Animal Disposal Act;
highway rights-of-way ....1643, 1756, 1894, 2494, 3159, 3335 --Department of Transportation;
commend employees -_--.--.._..........._..._._...__.....___._....872, 1147 --Department of Transportation highway
maintenance crews; commend __--__.__-.___.,,_ ,,__..,,_,,--___--1135 --Department of Transportation;
personnel; organizational elements ,,...----_.--___________1913, 1916, 2001, 2319, 3085, 3375 --Eminent domain; continuances for members of General Assembly ___.__--59, 78, 120, 154, 649 --Eminent domain; special master; compensation -......_............_.--_-_.__--......59, 78, 121, 154, 262 --Federal parkways; acquisition of rights-of-way and easements ---._-.....--.---2490, 2544, 2607 --Georgia Code of Public Transportation; air rights _...........................___494, 495, 571, 2196, 3282, 3377 --Georgia Code of Public Transportation; establish new laws ..-.......,,.-.._.--.--__.__.._..-.......336, 414, 572

SB 140
SB 152
HR 125 HB 1001 HB 463 HB 849 HR 228 SR 53 HB 630 HB 265
SR 138 HB 855 HB 350 HB 244 SB 167 HB 1013
HB 410
HB 847 HB 351

INDEX

3931

--Georgia Code of Public Transportation; establish new laws --------------..871, 874, 922, 1315, 3127, 3273, 3377
--Headlights mandatory in rainy or bad weather --------___.----715, 718, 796, 2195, 3214
--Highway Safety Subcommittee report ----......----.------..3699 --Law enforcement officers; commend for
helping make highways a safer place ..--...--..._--_......._._455 --Motor vehicle wreckers; tow only to first
exit on interstate highway systems _____..1635, 1750, 2320 --Motor vehicles hauling loose
materials; regulations ------------------_----.462, 558 --Motorized cart; define ----------1006, 1194, 1657, 1867, 3679 --Multi-State Transportation Route
Advisory Board; endorse --------------1149, 2319, 2870, 3680 --Multi-State Transportation Route
Advisory Board; endorse --------.------.575, 591, 1314, 1676 --Office of Highway Safety; renamed;
transferred ------------------------618, 694, 1315, 1608, 3371
--Relocation expenses; Federal-aid projects ----------------287, 349, 429, 755, 2638, 2676, 2946, 3062, 3097, 3206, 3376
--Routes from Atlanta to Columbus; erection of directional signs ....2491, 2544, 2606, 3133, 3600
--Securing loads on vehicles; regulations .----.-------.1007, 1195
--Statewide transportation plans ....---- .------ 336, 415, 572, 680
--Traffic; Uniform Rules of the Road ....244, 309, 427, 655, 2195
--Trucks; use lane farthest to the right ...--..----.--....----------.715, 718, 796, 1483, 3620
--Two-ton trucks and tractor trailers; prohibit interstate highway travel certain hours and days ----.--.------.----..------1638, 1752
--Uniform Act Regulating Traffic on Highways; adoption of traffic regulations ---------.......-------- 347, 424, 487, 661, 2638, 2741
--Uniform Act Regulating Traffic on Highways; speed limits --....----------1006, 1194, 2195
--Warning signs; roads closed to public traffic ------.... ........----....... 337, 415, 572, 765, 1513

HILL, HONORABLE GUY F. HR 270 --Congratulate .........------......--------------_ --------------1629

HILL, MRS. MARY ESTES SR 122 --Express sympathy for passing of _----..------....--1572, 1677

3932

INDEX

HIRAM, CITY OF

HB 856

--Mayor and Councilmen; salaries -.-.__.--_-..--__..____..1008, 1195, 1561, 1566, 2634

HISTORIC SITES
HR 34-113 --Tax assessment of property; amendment to the Constitution __.-_.___-...-_.__.-._.____.........-.-_.--...131, 179

HISTORICAL COMMISSION, GEORGIA

SB 257 HB 371

--Department of Natural Resources; functions transferred -._____._.__.-.-.-....___-1670, 1672, 1758
--Transfer functions to Department of Natural Resources _______,,,,_________. 340, 418, 704, 875, 2040

HOCKEY GAMES

HB 597 HB 703

--Admission tickets; regulations ._._..__.--_..--___553, 637 --Admission tickets; service charge-.690, 794, 924, 1117, 2041

HOGANSVILLE, CITY OF

HB 1052 HB 1003 HB 1004 HR 421
HB 1053
HB 1005

--Board of Education; election ____.1734, 1880, 2199, 2202, 2849 --Cable Television System ..__....--..1636, 1750, 2008, 2015, 2640 --Corporate limits ........__.......___1636, 1750, 2008, 2014, 2641 --Hogansville High School Basketball
team; commend --.___----..___----__----.._------..--__..._--.3665 --Mayor and City Council;
election ...._.........___......-.__......._1734, 1880, 2199, 2203, 2849 --Mayor and Councilmen;
salaries .__._......._.._....____......_____...1636, 1750, 2008, 2015, 2640

HOGS HR 197

--Wild Hog Study Committee; create . ._........ 811, 2801

HOLDING COMPANIES

HB 427
HB 165 HB 396

--Bank Holding Companies; Comp troller of the Currency of the U. S. shall be supervisory agency ........408, 480, 1019, 1236, 2637
--Bank holding companies; stock regulations ....--.__169, 211 --Banking Law; control of stock indirectly ....._.__.........345, 422

HB 613 HB 164

INDEX

3933

--Banking Law; voting stock ._.615, 691, 1313, 1471, 1524,2852 --Lending institutions and public
utilities; prohibited from transacting insurance business ..._169, 210, 365, 1471, 2516

HOLIDAYS HB 42

--General election day observed as public holiday _._____._._...._._._,,,,..._______________,,.__.__.____ 107, 140

HOME RULE SB 394

--Municipalities; legislative bodies authority to fix compensation of members ...2894, 2981, 2990, 3135, 3528, 3346, 3583

HOMER, TOWN OF

HB 1128

--Mayor and councilmen; terms of office ____...___. ._......1875, 1996, 2322, 2353, 3148

HOMESTEAD EXEMPTION (See Ad Valorem Tax, Taxation)
HR 84-280 --Ad valorem tax; amendment to the Constitution .........................._..................__..290, 351
HR 85-280 --Ad valorem tax; amendment to the Constitution .... _._._..________.._,,_ 290, 352
HR 86-280 --Ad valorem tax; amendment to the Constitution ______,,..__._....__..._._......_.....__. 290, 352
SR 30 --Ad valorem tax; exemptions for disabled veterans; amendment to the Constitution ....1108, 1109,1196
HR 19-58 --Ad valorem tax exemptions for school purposes for certain elderly persons; amendment to the Constitution ---.._...__ Ill, 144
HR 139-509 --Ad valorem tax for education purposes; exempt aged; amendment to the Constitution .................__..472, 566
HR 142-540 --Ad valorem tax for educational purposes; exempt aged; amendment to the Constitution ......542, 628
HB 214 --Ad valorem tax for educational purposes; exempt persons 62 or older . ...___.___.__.._.........._.._..204, 256
SR 5 --Ad valorem tax; increase homestead exemption; amendment to the Constitution ...........873, 923
HOPPER, MISS TINA MARIE
HR 372 --Commend ..........................___...._..._.._..._..,,_._...._....__.__.3260

3934 HORSES
HB 589

INDEX --State Racing Commission; create ........._......__..........551, 635

HORTON, HONORABLE GERALD T. Communication from ........_..._..._.._______.__-__._....._._-3685, 3685

HORTON, REV. JOHN E., JR. --Prayer offered by . ..__.____._____._____.___.__..___..__.__....-....._--.-.-1873

HOSPITALS HB 504 SB 19 SB 15 SB 195 HB 304
SB 16
HB 1089
HB 219

--Certificate of Need; standards __.____.,,_____.__________. 471, 565, 1481, 2592, 2718, 2856
--Georgia Health Care Facility Fire Safety Act; enact ___........._...___.-__-_____1327, 1329, 1374, 2193
--Georgia Safety Fire Commissioner; building specifications ,,,,-,,.._--__._---_-__--.927, 928, 1017
--Hospital authorities; define "project" _._..___...._.__.---- .__. .1390, 1393, 1480, 2193, 3020
--Insurance contracts to provide comprehensive health care; include dentistry and podiatry ............1780, 1783, 1893, 2464, 2973
--Long-term health care facilities; establish _ . __ 1512, 1514, 1558, 2193, 3036, 3291, 3384, 3473, 3483
--Medicaid; disposition of overpayments received by hospital of any person who dies intestate ___________...----.--.....1741, 1886, 2323, 2878
--Nonprofit; ad valorem tax; implement 1972 Constitutional Amendment ._.__._. ............-.----239, 306, 799, 877, 1513

HOT WATER TANKS OR HEATERS HB 153 --Relief valves mandatory _.-___.-.--.,,. 166, 208, 572, 756, 1512

HOTELS HB 109 HB 806
HB 171

--Excise tax; authorization to levy ..................................130, 178

--Excise tax; counties and

municipalities ................................918, 1016, 1317, 1978, 2034

--Rates; posting of rate

schedules ....

. -171, 212, 1481, 1621, 3153

INDEX

3935

HOUSE OF REPRESENTATIVES
HR 150-597 --Apportionment effective after 1980 census; amendment to the Constitution _._._.__._.._._..__._._.__553, 637
HB 668 --Apportionment; Fulton County boundaries .----------625, 700 HB 644 --Claims Advisory Board;
introduction of resolutions ....................621, 696, 1316, 1450 HR 428 --Clerk's Office; commend _--------------------------__--------3669 HR 312 --Commend certain members ------.--------------------------2110
--House Conference Committee on H. B. No. 141; excused from voting ------------------------------_------3129
HR 309 --House Intern Program; commend personnel __________2108 HR 316 --Johnny Cash and June Carter invited to address ------2250 HB 412 --Legislative and Congressional Reapportionment
Committee urged to preserve county lines of House Districts _.--------------------_..3659 --Members-elect; oath of office ------------------------12, 76, 104 HR 1 --Notify Senate that House has convened _....__._...._.._._.__.17 HR 3 --Personnel _---------------------------------------------__......18 SR 26 --Provide for four-year terms for members; amendment to the Constitution .........------1107, 1108, 1196 HR 4 --Rules- adopt .._..--._...__--__.._.--.----------._..._...............____24 HR 425 --Speaker's Office; commend ladies of the office ................3667 HR 382 --Speaker's Office; commend personnel ....... ..........3638 HR 383 --Stenographic Pool; commend ____----------_------___------____.3639

HOUSING

HB 434
HB 1238 HB 602
HB 523

--Apartment complexes; electrical power requirements -....-----------_------------348, 425
--Apartment Ownership Act; deeds or subleases ----------.3472 --County health departments; suspension of
duty to pay rent on unfit dwellings ....--------------554, 638 --Discrimination in housing
accommodations; prohibit ..............475, 568, 924, 1271, 2197

HB 709

--Georgia Development Authority for Housing Finance Act; enact ...------...,,._........_.._.....783, 856

HB 852

--Georgia Health Code; standards for subdivision development ..........................................1007, 1194

HB 234 --Housing Authorities Law; area of operation ______,,___ 242, 308

HB 271

--Housing merchants; liability for personal injuries --------_----------.------.------.----288, 350

HB 265

--Relocation expenses; Federal-aid projects ---------------- 287, 349, 429, 755, 2638, 2676, 2946, 3062, 3097, 3206, 3376

HR 128-430 --Slum clearance; land acquisition; amendment to the Constitution ...... ...,,.._._.--____,,.-- 465, 560

HB 840

--State Building Administrative Board;

State Codes ....

..

.1003, 1193, 2196, 2593

3936 HB 429 HB 430 HB 476

INDEX
--State Building Administrative Board; State Office of Housing Section; supervisor's duties ---_._-_._,,.._-.--_____.__.,, ........408, 481, 1763
--State Office of Housing Section; create within Department of Community Development .^408, 481, 1763, 2551, 2646, 2941
--Urban Redevelopment Law; land acquisition for persons displaced ________--_-----_..------._,,_..____464, 559

HOUSTON COUNTY
HB 874 --Board of Commissioners' salaries __-________-_____________.____.____..1184, 1308, 1660, 1663, 2488
HB 780 --Board of Elections ..........................912, 1012, 1376, 1384, 2039 HR 274 --Civil Defense members; commend ......__________________________________1681 HR 210-874 --License fees; amendment to the
Constitution ,,_...._._________.___.-.--...1184, 1309, 2007, 2031, 3370 HR 275 --Sheriff's Department; commend .....__.__..__________..__.........._._.1682

HOWELL, ADMIRAL HUGH H., JR. HR 344 --Congratulate __________________._..,,....__--_--__--._ ___________.__2769

HUDSON, HONORABLE TED HR 369 --Relative to .___._,,.._.___.________,,-_._.___,,..__..............................3095

HULSEY, REV. GEORGE S. Prayer offered by __________________,,_---_--.-.___.____________________________.1470

HUMAN RESOURCES, BOARD OF

HB 51 HB 684 HB 360

--Pluoridation in incorporated communities ................................109, 142, 162, 223, 799, 961
--Identification cards; issuance to residents of Georgia ___________.,,,,._____________________ _.______686, 791
--Local Health and Rehabilitative Services Act of 1973; enact ___.___...338, 417, 1020, 1471, 1925

HUMAN RESOURCES, DEPARTMENT OF

SB 177 HB 451

--Adoption; financial assistance in certain cases _. _____________-___-1226, 1227, 1313, 2193, 3195
--Ambient noise control; Georgia Health Code --.413, 484, 2465

HB 817
HB 179
SB 173
HB 508
HB 86
HB 468 HB 469
HB 472
SB 229
HB 450
SB 186
SB 180
HB 111
SB 393 SB 185 HB 816 HB 507 HB 96 HR 185
HB 670

INDEX

3937

--Appeals and judicial review; appellate procedure _______________ .....................1000, 1189, 2464
--Birth certificates; copies forwarded to mother's county of residence -____________________.172, 213, 1656
--Child Support Recovery Act; enact ________________________1670, 1671, 1758, 2193, 3063
--Child welfare agencies; injunctive relief _______________________.472, 565, 703, 1339, 3380, 3480
--Consumer Affairs Advisory Commission; create as advisory group __,,____,,,,____,,_.._...__,,_,,_--_.125, 173
--Georgia Health Code; civil penalties ______.________._.414, 485, 1760 --Georgia Health Code; Confined
Animal Control Act ._...,,._.._ .-_..__......__._414, 485, 1314 --Georgia Health Code; Confined
Animal Control Act _.____...__.________....___463, 559, 1314 --Georgia Health Code; sworn affidavits
relating to violations ___________._...__________1572, 1574, 1653, 2799 --Health and Sanitation Standards for
Individual Water Supply Systems; Georgia Health Code ________.____.______._____.__._.__.._.412, 484 --Institutions; employees' compensation for loss of property _______________.______._______.____________871, 923, 2801 --Interstate Compact on Mental Health; enact _____________.__.._____________.._871, 923, 1481, 3084 --Land developers; reinterment of human remains __.____.__.______,,_.,,_ __131, 178, 642, 953, 2635 --Marriage manual _,,..____...._..__.._.. 2954, 2982, 2990, 2991, 3307 --Mental health; rights of persons _...._____.871, 923, 2799, 3251 --Midwifery; rules and regulations _______.___.________________1000, 1189 --Protective Services for Adult Act; enact _________________471, 565 --Rezoning; review of applications ___________________.____._______127, 175 --Senior citizens; information concerning benefits .__.___.____. _._._..___.__...__..___.__._753, 1656, 1679 --State Building Administrative Board; assignment __.____-.____._,,___-,,..__,,......_,,,,_......_...626, 700

HUNTING HB 778 SB 132
SB 156
HB 74

--Big game hunters; protective clothing __.._.__912, 1011, 1895 --Confiscation of illegal hunting
devices _._..____ . . _ _ _..____________.l 106, 1110, 1197, 1895, 3068 --Deer hunting; safety
precautions _._._______.2235, 2239, 2318, 2801, 3199, 3342, 3377 --License; liability insurance ..__._____.__.___------.._-115, 147

HUYCH, JR.; REV. ALBERT W. --Prayer offered by _.._.....--._.,,___----___._._.--____.___335

3938
HYPNOTISM HB 370

INDEX
--Prohibit use except under certain circumstances ..------_------------............340, 418, 1314, 2168

HYPODERMIC SYRINGE HB 1064 --Regulations for sales ----..._------ ------------ 1736, 1882, 2464

I

IDENTIFICATION

HB 204 HB 684

--Arrest identification records; return to person if acquitted ------------------ ............... 202, 255
--Cards; Board of Human Resources; issuance to residents of Georgia -----------------------------. 686, 791

ILLEGITIMATE CHILDREN

HB 918 SB 48

--Aid to Dependent Children Act; eligibility -- 1370, 1477, 2465 --Bastardy proceedings; mother and
father --------------------------.....927, 929, 1017, 2799, 3305

IMMUNIZATION HB 364 --Time limitation; exemptions ...----.339, 417, 426, 511, 1328

IMPOUNDMENT

HB 317

--Motor vehicles; illegal parking on private property .------.--------------298, 358, 1678, 2321, 2324, 3361

INAUGURATION
HR 57-161 --Presidential; designate the Lucy Laney High School Marching Band as official representatives ----._.----------.------161, 185, 213, 215, 316

INCOME TAX (See Taxation)

HB 1098 HB 1181

--Corporations; deduction adjustments ___.___.--------1743, 1887 --Corporations; dissolved corporation;
liability .._----.....__.___________------.2185, 2314, 2464, 2943

HB 1100 HB 1011
HB 693
HB 622
HB 1099
HB 376 HB 697
HB 84
HB 80 HB 11
HB 207 HB 1101 SR 147
HB 216 SB 5 HB 1056 HB 330 HB 592

INDEX

3939

--Corporations; payroll factor ......----------...............1743, 1887 --Counties and municipalities; authority to levy local
income tax ...................................._........_................1637, 1751 --Current Income Tax Payment Act of 1960;
quarterly returns .....-----------688, 792, 1317, 1613, 3371 --Disabled persons; exemptions for transportation
to and from work ------------_----..----------------.616, 693 --Federal Internal Revenue Service; correction
refunds .___.............__............._______.__._.___________...._.......1743, 1887 --Georgia National Guard; exemptions .................._--......341, 419 --Intangible property; returns, collections and
distribution .............------.------689, 793, 1317, 2115, 2230 --Local option; counties and municipalities ----.124, 173, 1317,
2664, 2854 --Local property tax credit _________________________________________......116, 148
--Married taxpayers with separate incomes and file joint returns .--..-......--________________................. _______..--..60, 78
--Municipalities to levy local income tax ....... 203, 255
--Non-residents; define .............___._._._____--------------1743, 1888
--Prisoners of war or missing in action in Vietnam conflict; exemptions; amendment to the Constitution .......--._-........_______..__._..-_......2643, 2778, 2793
--Property; local property tax credit --------_,,__...... 205, 257
--Quarterly returns ----,,,,,,---- 1391, 1392, 1479, 2994, 3195
--Tax credits to individuals ______________________________.___.__1735, 1881
--Sales tax credit ------_,,------.------------------.. 300, 360
--U. S. Internal Revenue Code of 1954; conform meanings _..-...............__...._..__.______552, 636, 799, 1121, 3372

INDIGENT PERSONS

HB 37
HB 135 HB 507

--Georgia Criminal Justice Act; representation ................_..107, 140, 1201, 2139, 2229, 2881
--Office of State Defender; establish ........................136, 182, 573
--Protective Services for Adult Act; Department of Human Resources -------------------------------- ..471, 565

INDUSTRIAL CITY

HB 1025

--Municipal Corporation; create within Gordon, Murray and Whitfield counties .___..1553, 1654, 2468, 2475, 3300, 3313

INDUSTRIAL LOAN ACT HB 34 --Penalty provisions; amend ....................................106, 139, 572

3940

INDEX

INNOCENT VICTIMS OF VIOLENT CRIMES
HR 7-27 --Compensation; amendment to the Constitution --------_------_.----------_ .----63, 81, 314, 438

INSPECTION OF MOTOR VEHICLES

HB 950 HB 220

--Exempt certain vehicles in use for 3 years or less 1545, 1646 --Trailers and Semi-trailers --.------_----._. 239, 306, 641, 1447

INSTITUTE FOR LEGISLATORS HR 12 --Express appreciation for a dinner --.--._____--_-._____--_._______ 82

INSURANCE HB 147 HB 275 HB 748 HB 304 HB 571
HR 227 HB 298 SB 158 HB 151 HB 995 SB 153 HB 682 HB 1069 HB 164
HB 74

--Accident and sickness insurance; chiropractors ------__.___...___.__--.--.165, 207, 214, 2004
--Bad faith; liability of insurer for damages and attorney's fees _.......____...._._-.-..-___.-.....-_.______...288, 350
--Cancellation of policy; written notice ....______.......__.854, 920 --Contracts to provide comprehensive health care;
include dentistry and podiatry 1780, 1783, 1893, 2464, 2973 --Corporate charters for stock and mutual
insurers; Georgia Business Corporation Code _--....548, 632, 703, 1158, 1778, 1972
--Dentists, optometrists, physicians, psychiatrists and chiropractors; urge full coverage .--___.--.1148, 2004, 2869
--Employer-employee agreements; define ...--....______...294, 355 --Fees and licenses; payment into the State
Treasury ,,------_,,__________________________ 928, 929, 1018 --Georgia Insurers Insolvency Pool; amend ----.165, 207, 258,
318, 872 --Hospitalization coverage; newborn children ......._..1634, 1749 --Hospitalization insurance; define physician and
surgeon --,,_----.-------------._------_----1511, 1514, 1558 --Insurance Department Commissioner; annual report
of premiums charged by certain insurers --...--_. 686, 790 --Insurers; remuneration; administrative fines
for violations . ..__.......____....._..__.. 1046, 1759, 2004, 2374, 3374 --Lending institutions and public utilities; prohibited
from transacting insurance business .----.--.169, 210, 365, 1471, 2516
--Liability insurance before purchasing hunting or fishing license -.,,__.--________----_.._.._---...._--115, 147

HB 911 HB 800
HB 757 HB 542
HB 78
HB 202 SB 202
HB 152
HB 52

INDEX

3941

--Liability insurance; counties and municipalities 1369, 1476

--Life insurance and annuity contracts; minimum

standards for valuation ................916, 1015, 1760, 2133, 3151

--Motor vehicle liability insurance coverage; benefits 856, 922

--Motor vehicles; create and establish new Code

Title

------------------------------542, 628, 781

--No-fault Insurance Study Committee report _-------- 3721

--No fault motor vehicle insurance; Georgia Motor

Vehicle Accident Reparations Act --____!! 6, 147, 1482, 2381

--Policy renewals; agent's responsibility ....-------- 201, 253

--State, county or municipal employees; deferred

compensation program ........ 2490, 2544, 2607, 2799, 3292

--Surplus lines brokers licenses; applicants'

examinations ____________,,________.166, 207, 365, 1130, 1778, 1814

--Uninsured motorists; renumber and redesignate

subsection (h) of 1971 amendatory Act ----..109, 142, 148,

218, 3009

INTEREST HB 263 HB 536
HB 925
HB 646

--Georgia Credit Code; provide for ____ ._

--------249, 313

--Lender Credit Card Act; method of computing

finance charges ----------------------------------------477, 570

--Lender Credit Card Act; method of computing

finance charges -___-__------------ .--------.1371, 1479

--Notice and Hearing for Provisional Remedies

Act; enact __.-------- .-._------.621, 696, 2467

INTERSTATE AGREEMENT ON DETAINERS

HB 569 HB 382

--Amend act __.._.. ...... .. _____ 547, 632, 1761 --State of Georgia shall be a party to said
agreement ___.... _________________ 343, 420, 1485, 2873

INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT ACT HB 603 --Enact __________________________________.----------554, 638, 796, 1340, 2041

IRWIN COUNTY

HB 1122

--Board of Commissioners; clerk's salary... 1747, 1891, 2322, 2352, 3147

IRWIN, MRS. JOHN R. HR 214 --Wish speedy recovery _------------_------------------ _ __ ..1138

3942

INDEX

ITINERANT VENDORS HB 652 --License tax .-------------.,,.----.,,---------. 622, 697

IVEY, TROOPER JAMES "EDDIE" HR 217 --Commend-----------.-.---------------...1140

J
JACKSON COUNTY HB 1171 --State Court; terms -------------- 1994, 2189, 2611, 2620, 3365

JASPER COUNTY HB 999 --Sheriff's salary ----..------._.--------1635, 1750, 2008, 2014, 2640

JEFFERSON, CITY OF HB 452 --Create new charter ----................413, 485, 1896, 1897, 2635

JEFFERSON COUNTY

HB 681 HB 689 HB 686

--Commissioners' salaries -.........._...__ 685, 790, 1202, 1211, 2037 --Sheriff's salary .--------------------.687, 791, 1202, 1213, 2037 --State Court; salaries .---..------686, 791, 1202, 1212, 2037

JEFFERSON, REV. HUGH M. --Prayer offered by ----......._........------------------------.....1367

JEKYLL ISLAND-STATE PARK AUTHORITY

HB 755 HB 555

--By-laws; amend ......----..___-------- .......--------.856, 921

--Membership

. ... ------ .544, 630

JENNINGS, DR. E. R. HR 358 --Commend ......------.------------.......------------------------2862

JEWELRY HB 112

--Auctions; regulate sale of other articles of personal property ------------------131, 178, 572, 761, 1512

INDEX

3943

JIFFY FOOD STORES OF GEORGIA, INC. HR 52-161 --Compensate ..__________._.______._____________-_________..-__________...__._____168, 209

JOHNSON, HONORABLE LYNDON BAINES HR 168 --Express sympathy for passing of _________--.______----______--._588

JOHNSON, HONORABLE THOMAS MARION HR 121 --Express sympathy for passing of .._._-__..-----,,..--452

JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM

HB 258

--Civil defense organizations, development, housing and hospital authorities ._.,,._._. 247, 312, 1484, 1720, 3151

JOINT SESSIONS (See General Assembly)

HR 5 HR 6 HR 175

--To hear address by Governor ....___,,_.____...___.._._ 31, 85 --To hear address by Governor ..._-._._.--~~_-_.-_.~~_-_-....33, 148 --To hear addresses by Senators Herman E. Talmadge
and Sam Nunn .________._._____________...___________....._______-...___.799, 1924

JONES, HONORABLE ALGIE J. HR 310 --Express sympathy for passing of ............----..... .__.__,,... ..2108

JONES COUNTY HB 1200 --Board of Commissioners; bond .. 2313, 2463, 2612, 2626, 3368

JONES, HONORABLE HAYWOOD HR 11 --Commend ...._..._.......__....__....____._......._.,,..__.._._____.._ 82

JONES, HONORABLE HERBERT, JR. --Communication from _____________________._____.__________________3682, 3683

JUDGES (See Courts)

SR 12

--Court of Appeals; election and composition; amendment to the Constitution .___...._.._...1513, 1514, 1558, 1761, 3059

3944

INDEX

HE 40-135 --Court of Appeals; jurisdiction, composition and election; amendment to the Constitution --------------------136, 183
HB 128 --Judicial Council of the State of Georgia; create ----.134, 181 HB 130 --Jurors; examination shall be by the judge .....____._..__ 135, 182 HB 125 --Jurors; examination shall be by the judge 134, 181, 797, 1272 SB 135 --Juvenile Court Code; judges' expenses -------1106, 1110,
1197, 2799 HB 924 --Misdemeanor offenses; sentences served on
weekends ---_.---_._-----...------------------.1371, 1478 HB 65 --Municipalities; corporate, police, recorders' or
mayors' courts; appointment ... .-113, 145, 148, 186, 2040 SB 355 --Plea bargaining, provide for ----------... 2636, 2780, 2794, 2991 HB 832 --Superior Court; annual statements of income .._.__.. 1003, 1191 SB 136 --Superior Court; compensation .._.__. 870, 874, 922, 2466, 3389 HB 312 --Superior Court, Court of Appeals; salaries and
allowance -.._..--...-----.-------------------297, 357 HB 383 --Superior Court Judge Emeritus; compensation for
certain duties -------- . .----,,_. 304, 363, 1560, 1729, 3371 HB 379 --Superior Court Judge Emeritus; eligibility ._.._....._._._ 304, 363 HB 159 --Superior Court; Judge emeritus; widows' benefits _.. 167, 209 HB 240 --Superior Court; Judge emeritus; widows' benefits ... 243, 309 HB 559 --Superior Court; request by senior judge for
services by another judge --------------.-- 545, 630, 1482 HB 138 --Superior Court; State Employees' Retirement System;
State-paid employees --------------- 138, 184, 2611, 2878 SB 42 --Superior Courts; widows' benefits ....._.._.......... 575, 576, 640,
2006, 3609 HR 41-135 --Supreme Court, Court of Appeals, Superior Courts;
amendment to the Constitution _------------------137, 183

JUDGMENTS HB 734

--Uniform Enforcement of Foreign Judgments in Georgia Act; create -.------------------789, 861, 1659, 2501

JUDICIAL CIRCUITS (See Named Judicial Circuit)

HB 294
HB 293 HB 295 HB 279 SB 53
SB 22
HB 529

--Alcovy Judicial Circuit; Court reporter ------294, 355, 487, 576,3371

--Alcovy Judicial Circuit; Judge's salary __. 293, 354, 1199, 1206

--Alcovy Judicial Circuit; Judge's salary.. 294, 355, 1199, 1207

--Assistant district attorneys; salaries--

289, 351, 2611

--Atlanta Judicial Circuit; Assistant District Attorneys; retirement benefit ----------1106, 1109, 1197, 3349, 3351

--Atlanta Judicial Circuit; Deputy district attorneys -- _._---------------------- -.374, 375, 425, 705, 715

--Augusta Judicial Circuit; Judges' salaries ------476, 569, 705, 713

INDEX

3945

HB 976 --Blue Ridge Judicial Circuit; Assistant District

Attorney's salary _..........._____...... 1550, 1651, 1659, 1766, 3151

HB 657 --Chattahoochee Judicial Circuit; District

Attorney's salary .______........____..._...__._........___.._..__...623, 698

HB 1219 --Cherokee Judicial Circuit; Court Reporter's

salary ___.____.___.....__.__.___,,.._.,,._... 2601, 2789, 2993, 2999, 3673

HB 1220 --Cherokee Judicial Circuit; Office of

Investigator ....____..__.......____.,,.... 2601, 2789, 2993, 3000, 3673

HB 823 --Clayton Judicial Circuit; Court Reporters;

employ 3 additional ___.______.__._...__.__.1001, 1190, 1486, 1493,

2850, 2895

HB 345 --Clayton Judicial Circuit; Judges' salary

supplements .....-...-______........--.----___._,,.._____ 303, 363, 487, 577

HB 794 --Cobb Judicial Circuit; Court

Reporters _

.. _915, 1014, 1486, 1490, 2633, 3104

HR 76-251 --Cobb Judicial Circuit; State Librarian to furnish

certain law books _.__.._.....__....._........ 246, 311, 704, 1262, 3677

HB 851 --Cordele Judicial Circuit; Official Court Reporter's

salary ___._.._.._.___._.__.__.._______._______.1006, 1194, 1762, 1767, 2487

HB 850 --Cordele Judicial Circuit; terms __________.__._.___.1006, 1194, 1561,

1566, 3372

SB 159

--Coweta Judicial Circuit; add one judge _______....____.2235, 2239, 2318, 2467

HB 105

--Dougherty Judicial Circuit; Judge's salary .....______.._......__.____._......___.___.__._...130, 177, 314, 368, 716

HB 960

--Flint Judicial Circuit; Assistant District Attorney's qualifications ___-._.........1547, 1648, 1761, 1771

HB 704

--Griffin Judical Circuit; salaries ____.___.-690, 794, 1201, 1214, 2946, 3407

HR 201-779 --Gwinnett Judicial Circuit; law books

...... 912, 1011, 1761 2592, 3675

HB 389

--Macon Judicial Circuit; District Attorney's

salary

__ 304, 363, 488, 493, 1328, 2135, 2639

SB 365

--Mountain Judicial Circuit; District Attorney; investigator ____.._.__.________________-_.2846, 2979, 2988, 2993, 3142

HB 1074 --Mountain Judicial Circuit; terms of court ___________ 1738, 1883

HB 1086 --Stone Mountain Judicial Circuit; add one judge 1741, 1885

HB 582

--Stone Mountain Judicial Circuit; Court Reporter; clerical employees ____........-__-______.550, 634, 1201, 1207, 2036

HB 17

--Stone Mountain Judicial Circuit; DeKalb County Superior Court; term ..___.__-----._61, 79, 258, 315, 1224

HB 583

--Stone Mountain Judicial Circuit; judge's salary ____.______________.__._______________-____________550, 634, 1201, 1208

HB 581

--Stone Mountain Judicial Circuit; official court reporter's salary ...____........,,.-_ 550, 634, 1201, 1207, 2036

HB 322 --Tallapoosa Judicial Circuit; salaries .___............__-_ 299, 359

HB 1176

--Tallopoosa Judicial Circuit; Special Investigators; powers ._,,__.._.______.-_______._.___.----_______---. 1995, 2190, 2196

3946

INDEX

JUDICIAL COUNCIL

SB 30 HB 128

--Judicial Council of the State of Georgia; create ___._________________________.__1328, 1329, 1374, 1760, 2047, 2359
--Judicial Council of the State of Georgia; create _...... 134, 181

JUDICIAL RETIREMENT STUDY COMMITTEE

HR 198 --Create

....

812, 1761

JUDICIAL SYSTEM

HR 41-135 --Judicial Nominating Commission; create;

amendment to the Constitution ,,_ _

137, 183

SR 11 --Unified Judicial System; amendment to

the Constitution _______.___.___.__.....____494, 495, 571, 573, 741, 872

HR 38-135 --Unified Judicial System; amendment to

the Constitution ..........................136, 183, 185, 220, 260, 261

JUNIOR LEAGUE OF DEKALB COUNTY, INC.

HR 258 --Commend _

_ _.. .._._..1502

JURIES AND GRAND JURIES
HB 822 --Capital felonies; trial on accusation; waiver of indictment __________________________________ 1001, 1190, 2194
SR 13 --Civil and criminal cases; jury panels; amendment to the Constitution _______________________.___..._.1107, 1108, 1196, 2800
HR 37-135 --Civil and noncapital criminal cases; amendment to the Constitution .._......._.___.._............. 136, 183
HB 126 --Crimes punishable by death; accused rights to be heard by grand jury .___._____._._.__........... 134, 181, 531
HB 127 --Criminal cases; judge shall fix and impose sentence ,,.._.__.__.____.__._._.__,,._.............. 134, 181, 258, 573
HB 12 --Criminal Code; death penalty... 60, 78, 148, 328, 487, 594, 1327 HB 125 --Examination of prospective jurors shall
be by the judge .......__-..__.__..___._..........._..134, 181, 797, 1272 HB 130 --Examination of prospective jurors
shall be by the judge _._............_.._..__.__.______.___.___._......136, 182 SB 26 --Felony trials; jury panels __________..... 369, 375, 426, 2196, 3113 SB 296 --Grand and traverse jurors; selection _...........2543, 2779, 2793 SR 94 --Grand and traverse jurors; selection;
amendment to the Constitution ....................2542, 2778, 2792 SB 252 --Grand jurors; qualifications; elected
public officials .__..._____.....__._._.2642, 2779, 2793, 2991, 3254 HB 44 --Jury commissioners; appointment --.__......--...........----108, 141

INDEX

3947

HB 314 --Jury commissioners; salaries ------------_-297, 357, 797, 951 HB 449 --Jury duty; exemptions for State Board of
Corrections or Department of Offender Rehabilitation personnel _------.---.------_________--412, 484 HB 45 --Jury lists; revise annually ---------- -------------_--_----108, 141 HB 47 --Jury lists; revisions .------------.........108, 141, 314, 400, 1225 HB 465 --Jury panels; number of strikes allowed-- 463, 558, 1021, 2918 HE 31-98 --Misdemeanor cases; jury of 6 persons; amendment to the Constitution __--_..____-- 128, 176, 428, 496 HB 1112 --Number of grand jurors; alternate grand jurors ._.._.--------_.,,_------------....----. 1745, 1889, 2466 SR 46 --Pattern Jury Instructions Study Committee; create ------------------1391, 1392, 1499, 1761 SB 206 --Special charges ....---------------- 1779, 1782, 1892, 2196, 3248 HR 39-135 --Superior Courts; jury selection; amendment to the Constitution _____________________ 136, 183, 573

JUSTICES OF THE PEACE --Justices of the Peace Study Committee report ----__----3718

JUVENILE COURTS

HB 506
HB 553
HB 754
SB 259 SB 135 HB 903 HB 584 HB 48
SB 190 HB 554

--Adoption; voluntary consent of parent to adoption of child .--,,__.._------------471, 565, 703, 1168
--Children and Youth Act; penalty provisions relating to certain youthful offenders ------544, 629, 721, 1656, 2166, 3380, 3572
--Juvenile Court Code; community rehabilitation centers ------------ 856, 921, 1656, 1857, 2852
--Juvenile Court Code; detention of minors -1772, 1783, 1893 --Juvenile Court Code; judges' expenses.-1106, 1110, 1197, 2799 --Juvenile Court Code; jurisdiction ----------_ 1305, 1373, 2193 --Juvenile Court Code; jurisdiction ----------------550, 635, 721 --Juvenile Court Code;
jurisdiction ---------- 109, 141, 721, 1657, 2158, 3604, 3608 --Juvenile Court Code; jurisdiction ------------.1912, 1915, 2000 --Juvenile Court Code; jurisdiction over any
child under 17 years of age ----------------..._.... 544, 629, 721

KAOLIN
HR 259-983 --Aluminum ore; appropriations for commercial production; amendment to the Constitution --.....1552, 1652

3948

INDEX

KEENER, HOYT HR 17-58 --Compensate .------_._--._........------.111, 143, 2002, 2240, 3158

KENNESAW, CITY OF HB 988 --Corporate limits .....--------....1633, 1748, 2468, 2469, 3146
KERR, REV. ROBERT A. --Prayer offered by _.---------.--------.---------------- --..1542

KEYTON, HONORABLE JAMES W. --Communication from ----.-------.--------------.3687, 3688

KIDNAPPING
HR 66-202 --Parole prohibitions; amendment to the Constitution .---_-.._..___._.------.._------------.202, 254

KILGORE, HONORABLE GUY WILLIS, JR. HR 222 --Express sympathy for passing of _....._____ ......... --.1143

KINDERGARTENS

HB 479 HB 421
HB 50
HB 431

--Compulsory school attendance ......._._..._________._.__.464, 560, 1199
--Preschool educational facilities; establish and maintain .----._.----------.------407, 480, 1020
--Minimum Foundation Program of Education; implement program .------------.___._. .--109, 142
--Pupil-teacher ratio ._.._..._..------.._.__.......------------.....--409, 481

KING, REVEREND MARTIN LUTHER, JR. HR 73 --Honoring the memory of --------------------------

-- .214

KNIGHTON, MISS MELODY LEE HR 381 --Commend ....... .............-.-...----...-.----.._-.-..... 3637

KNIVES
HB 458 HB 93

INDEX

3949

--Concealed weapons; change description -_.--_.._--.._,,.461, 557 --Use of during commission or attempt to
commit a felony .._..__..__.......__.....___.....___..___....___...126, 174, 2005

KRUGER, HONORABLE ABE HR 165 --Express sympathy for passing of _...--.............. .........--.585

L

LABOR (See Workmen's Compensation)

HB 533
HB 669 HB 443
HB 720 HB 751 HB 902 HB 259 HB 1115 SB 267
HB 1087 HB 198 HB 680 SB 274

--Department of Labor; Private Employment Agencies Act _____._____._..___476, 569, 1656, 2143, 3156, 3245
--Department of Labor; supplemental appropriation __.____.______._____..____.__.____626, 700, 1559, 2065, 3155
--Employer-employee relations; establish framework for orderly methods of dealing with problems -........---..----.--.411, 483
--Employment Security Law; unemployment benefits; waiting period _...____...._.786, 858, 1559, 1918, 2637
--Minimum Wage Law; domestic employees __...____...___...85B, 921 --Minimum Wage Law; increase
to $2.00 per hour .._.....___...._._..._.__....___...._......_...._....1305, 1372 --Occupational Safety and Health
Act of 1973 .._._....___....__...___....__......___..___....247, 312, 1020, 1384 --Wages; payment in lawful money
or checks .___....__....___..._._...._....___.. 1746, 1890, 2192, 2916, 3677 --Workmen's Compensation; accidents
due to alcoholism or drug addiction ____....__..______.__._...__....._... 1327, 1330, 1375, 2194, 3258 --Workmen's Compensation; barbers or barber establishments ...__...-_.._...___..__....__...._._.._._...1741l 1885 --Workmen's Compensation; insurance carriers; delay of benefit payments .-_._..._....__..__..._......_..._.200, 253 --Workmen's Compensation; redefine injury and personal injury ....__...__.....__..685, 790, 1020, 1234 --Workmen's Compensation; State retirement systems; Department of Law legal services .. .__..,,.... 1670, 1672, 1759, 2006, 3067

LACKER, MRS. HILDA C. HR 266-1013--Compensate _

.. .____.__.. 1553, 1654, 2002, 2250, 3157

3950

INDEX

LACROY, HOYT JACKSON HR 62-191 --Compensate ___.___._.------_------.------191, 252, 2002, 2244, 3158

LACY, HONORABLE ALEX B., JR. HR 340 --Commend .....------_______.__-_._..----_.....___------......__________2765

LAGRANGE COLLEGE HR 351 --Panthers Basketball Team; commend __._.____________-___-2774, 3008

LAKE PARK, TOWN OF HB 649 --Create new charter ___------____622, 697, 1202, 1209, 3012, 3069

LAMAR COUNTY HB 560 --Coroner's salary

- _ -- 545, 630, 1201, 1319, 2036

LANCE, HONORABLE THOMAS B. HR 405 --Commend _--------------,,--------

- .------------ --3654

LAND HB 467 HB 111 HB 1070 HB 731
HB 730 HB 106 HB 852

--Critical Areas Act of 1973; enact ------------------,413, 485

--Developers; reinterment of human

remains --------------

..-- _----131, 178, 642, 953, 2635

--Erosion and Sedimentation Act of 1973;

enact _.-_-______-____--_..,,_____-_-_______-_---...------1738, 1883

--Land Development Act of 1972;

subdivided land; out-of-state

sales --------------------------------788, 860, 1317, 1452, 3152

--Land Development Act of 1972; subdivided

land; performance bond ------------_-----------------788, 860

--Open Space Lands Assessment Act; State

Agricultural Land Evaluation Board ------------....ISO, 178

--Subdivided land; health and sanitation

standards ----_-------------,,,----1007, 1194

LANDLORDS
HB 1238 HB 945

--Apartment Ownership Act; deeds or subleases --~_----3472 --Contracts; tenants' rights ----.-....._----_.......-----..1476, 1557

HB 602 HB 784

INDEX

3951

--County health departments; suspension of duty to pay rent on unfit dwellings __.,,-_--_...,.--554, 638
--Distress warrants; landlord's power to distrain for rent _____ ............913, 1012, 1659, 2444, 3594, 3621

LANDMARKS HB 16 --Criminal damage to property; penalty _._______,,_______. 60, 79, 119

LANE, HONORABLE DICK HR 353 --Commend .........

.

...... ..... ,,.....__....._ 2775

LANIER COUNTY

HB 828 HB 827 HB 825 HB 829 HB 826

--County Attorney's salary ........... 1002, 1191, 1486, 1495, 2488 --Ordinary's salary ____ ..................... 1002, 1190, 1486, 1494, 2488 --Sheriff's salary . . . 1001, 1190, 1486, 1494, 2486 --Superior Court Clerk's salary _. 1002, 1191, 1561, 1564, 2488 --Tax Commissioner's salary ........ 1001, 1190, 1486, 1494, 2488

LANIER, MRS. LINDA HR 153 --Compensate ____________________________ 555, 638, 2003, 2249, 3156

LAURENS COUNTY

HB 1210 HB 1209 HB 1213 HB 1212 HB 1211 HB 1214

--Ordinary's salary _____ _______________ 2460, 2605, 2803, 2829, 3368 --Sheriff's salary __________ ____________ 2460, 2605, 2803, 2828, 3368 --State Court; salaries _..___ __________ 2461, 2605, 2803, 2830, 3369 --Superior Court; clerk's salary ... 2460, 2605, 2803, 2829, 3368 --Tax Commissioner's salary ....... 2460, 2605, 2803, 2829, 3368 --Treasurer's salary ____________ 2461, 2605, 2803, 2832, 3369

LAW ENFORCEMENT OFFICERS (See Peace Officers, Police)

HB 204 HB 1162

--Arrest identification records; return to person if acquitted _--_.--.._.--_-.-- 202, 255
--Arrest powers outside boundaries ....... ...... _1993, 2188

3952 HB 954 HB 400 HB 579 HB 358 HB 647 HB 395
HB 981 HB 23
HB 404

INDEX

--Coroner's inquests; witness fees ----____.--.._.__,,--...__1B46, 1647

--Criminal proceedings; not compelled

to divulge home address .....__.___...._.. 346, 423, 641, 958, 3011

--Georgia Crime Information

Center; establish .______._....._....___._._.549, 634, 1483, 2112, 3372

--Georgia Peace Officers' Standards

and Training Act; minimum age ....338, 416, 642, 823, 2040

--Georgia Peace Officers' Standards

and Training Council; functions _--.....--....---....--..621, 697

--Georgia Peace Officers'

Standards and Training Council;

establish ......_____._..______.345, 422, 798, 1471, 1629, 1694, 2197,

2925, 3018, 3018

--Motor vehicles; penalty for fleeing or

attempting to elude officers _._____...__.___.._____ 1551, 1651, 2320

--Peace Officers' Annuity and Benefit

Fund; notice for disability

benefits .___

......___-.62, 80, 1895, 2156, 3150, 3203

--Radio transmission interception;

penalty for misuse ._____._.______.._.______.._______..._______...346, 423, 641

LAW LIBRARIES

HB 250 HB 274

--Courts of Ordinary; fees ..._-.....___-.....__......_..__..-..__......._.245, 310 --Courts of Ordinary; traffic cases;
use of funds __.____.....___-__...___-.288, 350, 428, 519, 2043, 2122

LAWALIN, MISS LISA HB 339 --Commend

._--_--.,,-------------- .2765

LEAD POISONING

HR 334

--Children's Lead Poisoning Study Committee; create _,,.--__--,,__.-----------------_-----_--~___2760

LEASES HB 1238

--Apartment Ownership Act; contents of subleases ___._______.._._____._.....___.-..__.....-_-....-__-.__--_~-_3472

LEAVES OF ABSENCE --Egan, Honorable Michael J. _....._-..-.._._....-..-..__....-_-..._.....-2308

LEBEY, HONORABLE JOHN C. HR 371 --Commend ...._...._____ ............_...__...._...._.._......---- -3161

INDEX

3953

LEE COUNTY

HB 81 HB 82

--Ordinary; clerical assistance _________ 124, 173, 1201, 1202, 1773 --Superior Court Clerk's salary ..._._________. 124, 173, 366, 367, 715

LEE, HONORABLE FRED S. HR 248 --Express sympathy for passing of -----------------------1500

LEESBURG, CITY OF

HB 238

--Charter; repeal and replace ...... __________ ........ 243, 308, 487, 491, 1105, 1113

LEGAL HOLIDAYS HB 42 --General election day ........ ...._--_--------------_._----------107, 140

LEGISLATIVE COUNSEL

HR 426 HR 429

--Commend .___._.._. ___________.___.__........______________.._..............._________.....3668 --State Constitution; proposal for revision _______.----------3670

LEGISLATIVE RETIREMENT SYSTEM, GEORGIA (See General Assembly)

HB 393 HB 272

--Credit for prior service --.....---- _............___.__..... 305, 364 --State Employees' Retirement System;
membership __.__._.________._____._...__.._________.__.__.._....___._ 288, 350

LENDER CREDIT CARD ACT

HB 536 HB 925

--Finance charges; method of computing _____________...----477, 570 --Finance charges; method of computing ... _____________ 1371, 1479

LENOX, TOWN OF HB 977 --Annex certain land .__.______.._... .___1550, 1651, 1896, 1899, 3363

LEONARD, D. MICHAEL HR 182-719 --Compensate ._.._.__.___._

.........785, 858

3954

INDEX

LEWIS, DR. CLIFFORD G. HR 388 --Commend ..-__._-_..-..__-__..__.____._......-.-..-..___..._____._______..______.____._..3642

LEXINGTON, CITY OF SB 361 --Create new charter

. 2485, 2546, 2608, 2993, 3004

LIBERTY COUNTY

HB 944 HB 810 HB 809

--Clerk of the Ordinary; salary ___.___.___..__...... .__.___.__________.1476, 1557, 1763, 1771, 2848
--Industrial Authority; ad valorem tax for industry ._._....______._..............__.._...918, 1017, 1486, 1492
--Sheriff, Superior Court Clerk; salaries .__..._.._._.._..._.._.... ..._____...918, 1016, 1486, 1492, 2848

LICENSES (See Named License)

SR 160 SB 161
HB 184 HB 113 HB 21 HB 3
HB 174 HB 247 HB 301 HB 848 HB 611 HB 1030 HB 854 HB 245 HB 246

--Alcoholic beverages; fingerprints

prerequisite to issuance of license __..... 871, 922, 924, 1154

--Alcoholic beverages; malt;

fingerprints prerequisite to issuance

of license ..._-..._...-__.___..___.___._-........_....__.__..871, 923, 924, 1156

--Alcoholic beverages; remove

certain limitations __._._.._.,,....,,__._._._.._....._........_._--__._.. 197, 250

--Contractors; Georgia Contractors

Licensing Board ....._.....-..._._..___.._................_.131, 178, 703, 976

--Driver License Medical Advisory

Board; create .__._._...._..._ 61, 80, 641, 1421, 1518, 2639, 2661

--Drivers; bail; arrest for minor

traffic violations .........._..._. 58, 77, 121, 152, 494, 801, 873

2127, 2360, 3108, 3376

--Drivers; bail; arrest for minor

traffic violations ............_.____._.........-.......-_.-_._..-...__.171, 212

--Drivers; chemical blood tests;

administration

.__,,

244, 310, 427, 1609

--Drivers; minimum age; increase from

16 to 18 .___._.._-..-..............______.___________._.........295, 356, 427, 956

--Drivers; motorized carts _.......... 1006, 1194, 1657, 1866, 3678

--Drivers; renewal of honorary

licenses ______._.__.___._____.........__.557, 640, 1315, 1471, 1534, 2234

--Drivers; revocation for certain offenses ______,,_.__..___1642, 1755

--Drivers; rules and

regulations .._...___ 1007, 1195, 1657, 1968, 2645, 2705, 3009

--Drivers; suspension and revocation;

safe driving courses ......._.__ 244, 309, 641, 1122, 1229, 1714

--Drivers; traffic violations;

point system ........._..___.._. 244, 309, 427, 536, 578, 1453, 3672

HB 605 HB 74 HB 652 SB 393
HB 1033
HB 190
HB 160
HB 1094 HB 441 SB 12
HB 846 HB 408
HB 698
HB 891 HB 455

INDEX

3955

--Fishing; disabled veteran ................555, 638, 1021, 1289, 2359

--Hunting and fishing; liability insurance------------ 115, 147

--Itinerant vendors; license tax _----------_----------------622, 697

--Marriage; Department of Human

Resources shall prepare marriage

manual ----------._.-------- 2945, 2982, 2990, 2991, 3307

--Marriage; members of General Assembly

authority to perform marriage ceremonies -----1642, 1755

--Pistol or revolvers; license

applications ------------------------------198, 251, 1200, 1358

--Plates; ad valorem tax refund

procedure --------......._......----------.167, 209, 430, 507, 1225

--Plates; annual fees ._----------........----------... 1742, 1887, 2320

--Plates; Georgia National Guard --.410, 483, 796, 1230, 1777

--Plates; Motor Vehicle Financial

Responsibility Act ... ........___._._._ 1670, 1671, 1758, 2319, 3564

--Plates; non-residents _'_.----------.--------------1006, 1193, 2195

--Plates; penalty fee for late

purchase ---- . -- .

347, 424, 799, 877, 2234

--Plates; physically disabled

persons .-------------------------_ 689, 793, 1483, 2512, 3152

--Plates; replacement of original ........... 1187, 1311, 1657, 2494

--Transient Merchant Law of Georgia;

license fees _------------------....----------461, 557, 1482, 1710

LIENS HB 1032 HB 952 HB 40

--Foreclosure of mortgage on personalty __--------------_--------------..1642, 1755, 2005, 2754
--Mechanics' and materialmen's liens; single-family dwellings ...-----------------.-..-.-1545, 1647
--Warehouseman's lien on household goods for charges and expenses .................._....._...----..... --107, 140, 428, 525, 1779

LIEUTENANT GOVERNOR

HR 61-191 --Abolish office; amendment to the

Constitution -------------- ..----

-. 199, 252, 1021

HR 21-58 --Governor and Lieutenant Governor

elected jointly; amendment to

the Constitution ----.__----_----------,,._.----------112, 144, 1021

HR 115 --Maddox, Honorable Lester G.; congratulate ..----------372

LIGHTS SB 289
HB 1113

--Flashing or revolving blue or red lights; prohibit use except on certain vehicles ............. .......... 2234, 2238, 2318, 2466, 3286
--Flashing or revolving red lights; volunteer fire departments .........----------------1746, 1889

3956

INDEX

LINCOLN COUNTY

HB 1217 HB 1218

--Ordinary's salary .........___.._..._.._._._ 2600, 2789, 2993, 2999, 3673 --Treasurer's salary ___......,,............ 2600, 2789, 2993, 2999, 3673

LINCOLNTON, CITY OF

HB 499

--Mayor and Councilman; qualifications ................__.-......--...469, 564, 705, 707, 1389

LITERATURE HB 617
HB 643

--Obscene; minors; establish standards to determine harmful materials __._.__._._._.--616, 692, 704, 1615
--State Literature Commission; create .-..._..._._.__.....-..621, 696

LIVINGSTON, MRS. MAYO, JR. HR 47 --Express sympathy for passing of ___..............._..____..____._________152

LOANS HB 696 HB 949 HB 91 HB 354 HB 263 HB 942 HB 34 HB 1102 HB 536 HB 164 HB 646

--Ad valorem tax; long-term real estate notes ......._- 688, 792 --Building and Loan Act; off-premise
banking transactions __.......__... 1545, 1646, 1759, 2509, 3373 --Credit institutions; prohibit
any discrimination ........._...__.___._._._._....._........ .._ 126, 174, 2464 --Georgia Building and Loan Commissioner;
charters -_.__.___--.- 337, 416, 572, 655, 1328 --Georgia Credit Code; provide for ........___._____......._....... 249, 313 --Georgia Higher Education Assistance Corporation;
student loans _._..............-_.____.1475, 1556, 1562, 1703, 3678 --Georgia Industrial Loan Act; amend
penalty provisions _._._____.-.--.__--_.._____._.__._.... __ 106, 139, 572 --Intangible Property Tax Act; real
estate instruments __,,..--_.,,_____,,..___________________ 1744, 1888 --Lender Credit Card Act; method of computing
finance charges ---,,,,______------_--_--___-______________.___,,.___ 477, 570 --Lending institutions; prohibited from
transacting insurance business ... 169, 210, 365, 1471, 2516 --Notice and Hearing for Provisional
Remedies Act; enact _......__-..___._..........._.........__.621, 696, 2467

LOBBYISTS (See General Assembly)
HB 619 --Financial statements _....___.__.____..____.__.._._..______.__.___.616, 692, 1021 --Registration; communication from Secretary of State ........_.______._-..... 64, 279, 1459, 1983, 3689
HB 520 --Registration fee _...__..___._______.___.______,,,,,,_______ 474, 567, 1482, 1705 HR 237-942 --Repeal provision declaring lobbying a crime;
amendment to the Constitution --.---._..____._._.,,_.... 1475, 1556

INDEX

3957

LOCAL GOVERNMENT

HB 909 HB 1000

--Local Governments Advisory Committee; Southern Growth Policies Agreement ______________ 1306, 1374, 2005, 2499, 3676
--Vital Areas Council; create __...._ 1635, 1750, 1763, 2534, 3374

LOCAL HEALTH AND REHABILITATIVE SERVICES ACT OF 1973 HB 360 --Enact ______________________________________________ 338, 417, 1020, 1471, 1925

LOCUST GROVE, TOWN OF HB 1141 --Recorder's Court; create ___________ 1877, 1998, 2468, 2477, 3365

LODGINGS HB 109 HB 806
HB 171

--Excise tax; authorization to levy ....... ___________ 130, 178 --Excise tax; hotels, motels and
other accommodations _._.... 918, 1016, 1317, 1978, 2034 --Rates; posting of rate schedules ___ 171, 212, 1481, 1621, 3153

LOGANVILLE, CITY OF

HB 1160

--Mayor and other officers' election ..... .........._....._._._ 1992, 2188, 2612, 2620, 3365

LONG COUNTY

HB 1182 HB 616

--Sheriff's clerk ________________________ 2185, 2314, 2612, 2623, 3366 --Sheriff's salary ............._..._.........._......_..615, 692, 863, 867, 1569

LONG, DOYAL H. HR 137-504 --Compensate ..................................... ..471, 565, 2003, 2248, 3157

LONG-TERM HEALTH CARE FACILITY REVIEWING COUNCIL SB 16 --Create 1512, 1514, 1558, 2193, 3036, 3291, 3384, 3473, 3483

LOUISVILLE, CITY OF HB 688 --Corporate limits ............................... 687, 791, 1202, 1213, 2037

3958

INDEX

LOW, JULIETTE GORDON
HR 256-978 --Founder of the Girl Scouts of America; Hall of Fame at the State Capitol ................ ......1551, 1651, 2007, 2371, 3153

LOWERY, REV. J. E. --Prayer offered by ___.___.___...____._--__--..__..._...__-._____.._..............2786

LOWNDES COUNTY

HB 895
HB 896 HB 894 HB 888
HB 887
HB 916

--Board of Commissioners; meeting date _______._.......1188, 1312, 1660, 1666, 3362
--Coroner's salary .................._..______. 1188, 1312, 1660, 1667, 3362 --Sheriff's salary _._._._.....___......_....___ 1188, 1312, 1660, 1666, 3362 --Utilities Authority; repeal Act creating __.._...___.__ 1187, 1311,
1660, 1665, 3362 --Water and Sewerage Authority, create ......_..__.._..___ 1187, 1311,
1660,1665, 3014, 3069 --Water and Sewerage Authority; create ._... ..__........_.1369, 1477

LUDOWICI, CITY OF HB 1175 --Corporate limits ___.___.........____._--..1995, 2190, 2611, 2615, 3366

LUMBER AND LUMBER PRODUCTS

HB 201

--Georgia Treated Timber Products Act of 1973; enact ................_._..201, 253, 1313, 1579, 3008, 3100

LUMBER CITY, CITY OF HB 1166 --Create a new charter _______.__..._....__1994, 2189, 2802, 2827, 3365

LUMPKIN, CITY OF

HB 762 HB 766

--Municipal services .._.._____..___ 909, 1009, 1376, 1378, 3013, 3266 --Sheriff's deputies' salaries __..__..___ 909, 1009, 1376, 1380, 2038

M
MACHINERY HR 254-964 --Ad valorem tax; assessment rates; amendment to the Constitution .__.__..................___. 1548, 1649

INDEX

3959

MACON, CITY OF

HB 901

--Board of Water Commissioners; abolish __________.._____________________.______.1305, 1372, 1660, 1667, 2487

HB 453 --Macon Transit Authority; create _________.____.413, 485, 573, 1386

HR 157-631 --Reconvey certain property ____._.________.618, 694, 2007, 2501, 3675

HB 642 --Small Claims Court; jurisdiction ____620, 696, 1896, 1897, 2635

MACON JUDICIAL CIRCUIT

HB 389

--District Attorney's salary ____._..__..__...___.___.._.304, 363, 488, 493, 1328, 2135, 2639

MACON TELEGRAPH & NEWS HR 390 --Commend ....__..............__..___......._.__.______._. .3643

MADDOX, HONORABLE LESTER G.

HR 115

--Congratulate

..,,.........._... ..372

--Communication from __._._...._._._.___ 1731, 2983, 3682, 3685, 3687

MADISON, CITY OF HB 653 --Mayor and Aldermen; salaries .......623, 698, 1022, 1027, 1775

MAJORITY LEADER

--Busbee, Honorable George D., certification

...

56

MALFEASANCE

HB 615

--Municipal officers and department heads; penalties .................._..__.... ............... 615, 692, 1761

MALT BEVERAGES (See Alcoholic Beverages, Beer, Taxation)

HB 931
HB 1110 SB 161

--Excise tax; consumption within the household ...................................... 1473, 1555, 1763, 2492

--Excise tax; counties and municipalities ............ 1745, 1889

--Licenses; fingerprints prerequisite to issuance ...........................

871, 923, 924, 1156

3960

INDEX

MANGET, HONORABLE FREDERICK HR 413 --Commend _______ -____,,- --_-_--___-___-- 3660

MANSFIELD, TOWN OF HB 502 --Councilman; meetings .________________.47b, 564, 705, 708, 1387

MARIETTA, CITY OF
HB 574 --Ad Valorem tax for educational purposes __________..____.______.__-_._548, 633, 1661, 1765, 2485
HB 1117 --Mayor and councilmen; election qualifications _...___________________ 1746, 1890, 2322, 2334, 3147
HR 152-604 --State Properties Control Commission; lease certain Cobb County Property _,,_.._.._ 555, 638, 1484, 1696, 2851

MARIJUANA (See Drugs, Narcotics)

SB 265 SB 14

--Penalty for possession ___.... 1562, 1574, 1654, 2467, 3121, 3375 --Penalty for possession of one ounce
or less ..._..______.494, 495, 571, 1760, 3016, 3088, 3262, 3266, 3290, 3300, 3332, 3376

MARION COUNTY

HR 404 HB 1144

--4-H Club; commend _____________._________...__.___________..._3653 --School Superintendent's appointment __,,______._ 1878, 1998,
2468, 2478, 3149

MARKETING SB 353
HB 277 HB 627

--Cooperative Marketing Act; include fisheries products ___.____..._. 2236, 2239, 2318, 3134, 3472
--Dealers and distributors; regulate practices .._________ 289, 351 --Multi-Level Distribution Companies;
regulate ____.._._._ ,,______._________._ 617, 693, 702, 814, 2636

MARRIAGE SB 393 HB 1033

--Licenses; Department of Human Resources shall prepare marriage manual _______ 2945, 2982, 2990, 2991, 3307
--Licenses; members of General Assembly authorized to perform marriage ceremonies _ .... 1642, 1755

INDEX

3961

MARSHLANDS

HB 556 HB 921

--Coastal Marshlands Protection Committee; create ___......._._.-__._.544, 630, 1021, 1356, 2638
--Marshlands Protection Act; State Ports Authority .__.___... ______.._.____._______.._.1370, 1478, 1659, 2045

MARTA

SB 321 --Metropolitan Atlanta Rapid Transit Authority;

Board of Directors .

.. 2708, 2783, 2796, 3135

HB 978 --Metropolitan Atlanta Rapid Transit Authority;

bus widths

... 1550, 1651, 2197, 2660

HB 648 --Metropolitan Atlanta Rapid Transit

Authority Act; contracts ...._._..._.._..621, 697, 798, 945, 1671

HB 1031 --Metropolitan Atlanta Rapid Transit Authority

Act; Department of Revenue administration

costs

_

_

...1642, 1755

HB 567 --Metropolitan Atlanta Rapid Transit

Authority; membership ...._...._...__._._...,,__.____......__........ 546, 631

HR 172-648 --Metropolitan Atlanta Rapid Transit Overview

Committee; create . .___....._..._ 622, 697, 798, 950, 1669, 1694

HR 291-1110--Metropolitan Atlanta Rapid Transit Authority

Overview Committee; expenditures ......... 1745, 1889, 1895,

2261, 3375, 3405

MARTIN, DR. JOHN O. HR 392 --Expressing appreciation to _...............__.............-......_.-- . ....3645

MASSEY, HONORABLE DYAR E. HR 359 --Express sympathy for passing of - ........... ,,.._...._............. 2863

MAYORS' DAY HR 74 --Municipal officials and employees; commend ..... .... 214

McCLUNG, HONORABLE A. J. HR 98 --Congratulate ..._....................._._........._......_.......... ...................... 275

McCRACKEN, HONORABLE J. ROY HR 194 --Wishing a speedy recovery .................. ......................... 807

3962

INDEX

McCRAE, MRS. HAZEL HR 206-839 --Compensate _....._________.........__.._.....____1004, 1192, 2003, 2250, 3156

McDUFFIE COUNTY

HB 920 HB 1062

--Deputy sheriffs _______._..._.___________.-1370, 1478, 1660, 1668, 2487 --Small Claims Court; costs _______ 1736, 1882, 2322, 2349, 3146

McDUFFIE, SENATOR E. M. --Communication from ___._.-.._____-..._____-__...._..____._..-_.._-2983, 2984

McINTOSH COUNTY

HB 665 HB 663

--Ordinary's salary -....-- -- 625, 699, 1318, 1321, 3143 --Superior Court; Clerk's salary ._____..624, 699, 1318, 1320, 3143

MEALS HB 805

--Excise tax on sale of meals; municipalities --.___..--..917, 1016

MEAT HR 236-942 --Food Costs Study Committee; create ___.__._.__.1475, 1556, 3132

MECHANICS' AND MATERIALMEN'S LIENS HB 952 --Single-family dwellings; prohibitions .............._.....__1545, 1647

MEDICAID . HB 1089
HB 505

--Disposition of overpayments received by hospital of any person who dies intestate .__..._.._..... ..._________..__._.__...________.1741, 1886, 2323, 2878
--Penalty for fraud _..._.... ...._......_.._......._.471, 565, 703, 994, 2041

MEDICAL EXAMINERS

HB 562 HB 372 HB 650

--Georgia Post Mortem Examination Act; duties and powers ,,-----_,,_----_---_--..--...--__.545, 631, 1314
--Georgia Post Mortem Examination Act; fees ........_._._._......._.___.__.._......____._____......341, 418, 486, 675
--State Board; aliens'eligibility for license .___._...___._._.___622, 697, 1314, 1625, 3677

INDEX

3963

MEDICAL SCHOOL FACILITIES

HB 142

--Central-South Georgia Medical School Authority; create -..-- .......___._.__.......------..138, 185

MEDICINE HB 699 HR 227
HB 304
HB 650
HB 951 SB 305 SB 387

--Educational requirements for license _--__........ 689, 793, 1655 --Insurance companies urged to offer
full coverage _..--------------------.._........ 1148, 2004, 2869 --Insurance contracts to provide comprehensive
care; include podiatry _______,,____ 1780, 1783, 1893, 2464, 2973 --Medical Examiners, State Board of; aliens'
eligibility for license ------.------ 622, 697, 1314, 1625, 3677 --Medical licensure of aliens; eligibility _._._.... 1545, 1647, 2799 --Podiatrists; change definition _____________ 1913, 1917, 2001, 2975 --Practice of medicine; define
certain terms _..... ............. 2637, 2781, 2795, 2799, 3680

MEEKS, MRS. CARRIE K. HR 156-610 --Compensate

....

556, 639, 2002, 2242, 3156

MEETINGS HB 200

--Open meetings; exempt Boards of education ................. .._..._....___.___.......... 201, 253, 2196, 2977

MENLO, CITY OF

HB 637

--Mayor's Court; judge's appointment ...........___.__--__.__619, 695, 1022, 1025, 1775

MENTAL HEALTH

HB 83
SB 331
SB 180 SB 185 SB 380

--Agency relations; termination and revocation;

power of attorney for incompetent persons --------124, 173,

427, 500, 1779, 1812

--Guardian; appointment because of mental

incompetence; physician's statement ..-- ...........-- 2358, 2360,

2463, 3134, 3540

--Interstate Compact on Mental Health;

enact ........... .............. ............... .......... 871, 923, 1481, 3084

--Mental retardation; rights of persons 871, 923, 2799, 3251

--Ordinary's duties; emergency receiving

facilities

..........

2643, 2781, 2795

3964 SB 332 HB 507

INDEX
--Ordinary's responsibility as custodian of insane persons for funeral and burial expenses _-_....._.__-.......__.2358, 2361, 2463, 2799, 3259
--Protective Services for Adult Act; Department of Human Resources ___..........__._.____._.___471, 565

MERCHANDISE

SB 23 SB 85 HB 455

--Criminal Code; altered identification marks --_.__,,__ 414, 431, 486, 2466
--Criminal Code; interchanging labels or price tags ------- 2644, 2777, 2792, 3133
--Transient Merchant Law of Georgia; license fees ___________._______.____.__._____.________.__.461, 557, 1482, 1710

MERCHANTS HB 455

--Transient Merchant Law of Georgia; licenses ----._..----______--___----_.__--_~,461, 557, 1482, 1710

MERIT SYSTEM, STATE

HB 426 HB 325
HB 138

--Minimum compensation for all State employees __--.. 408, 480 --State Personnel Board; Merit System
Compensation Plan -------------------------- 299, 359, 1510 --Superior Court; State-paid employees of judges
and district attorneys _._--_,,____--____--138, 184, 2611, 2879

MERIWETHER COUNTY
HR 200-776 --Convey certain real property .__... 911, 1011, 1484, 1818, 2850 SR 81 --Convey property _.__.._....._.___ 1326, 1329, 1375, 2468, 2651, 3012 HB 1229 --Ordinary; clerk's salary ------.... 2603, 2790, 2994, 3003, 3674

MERRION, REV. LUCIOS --Prayer offered by ---------------- _--__.------__----._----1631

MESMERISM HB 370

--Prohibit use except under certain circumstances --------___--_____--_____.__340, 418, 1314, 2168

METTER, CITY OF HB 770 --City Court; salaries _______._.__________.___910, 1010, 1376, 1382, 2038

INDEX

3965

METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSION

HB 326

--Standard Metropolitan Statistical Area; redistrict ____....____..___________...___._____..________..____.299, 359, 429, 3371

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY
SB 321 --Board of Directors; membership ._--.._. 2708, 2783, 2796, 3135 HB 978 --Bus widths ....... 1550, 1651, 2197, 2660 HB 648 --Contracts; public inspection summaries _______,,_________ 621, 697,
798, 945, 1671 HB 1031 --Department of Revenue; administration costs .....__ 1642, 1755 HB 567 --Membership ____.___._.,,,,_______.______,,____,___.__..__________._.._____._.__. 546, 631 HR 172-648 --Metropolitan Atlanta Rapid Transit Overview
Committee; create _-_-7-_.-._-_._._._.622, 697, 798, 950, 1669, 1694 HR 291-1110--Metropolitan Atlanta Rapid Transit Authority
Overview Committee; expenditures __-________-_______1745, 1889, 1895, 2261, 3375, 3405

METROPOLITAN RIVER PROTECTION ACT HB 1093 --Enact _______.._______-._._._____._.____1742, 1886, 2195, 2529, 3571, 3574

MIDWIFERY HB 816

--Department of Human Resources; rules and regulations ______--.______-__._.____-__._._....____-_..__.___._....1000, 1189

MILK AND MILK PRODUCTS

SR 76

--Support price for manufacturing ......_._______.___.___.___.1391, 1392, 1479,1894, 3252

MILLEDGEVILLE, CITY OF SB 354 --Corporate limits __________..._._.._._.__-_____-.._._____-__..____2231, 2238, 2318

MILLER COUNTY

HB 1147 SB 349 SB 327

--Sheriff's operating expenses ___........._._......-._.__....-_-_.__.1878, 1998
2469, 2479, 3149 --State Court; disposition of documents .._.___......___...2231, 2238,
2318, 2613, 2629 --State Court; solicitor's fees ... 2036, 2097, 2192, 2613, 2628

3966

INDEX

MINES AND MINING

HB 962 SB 56

--Georgia Surface Mining Act; clarifications ............1547, 1648 --Mineral leasing; titles;
adverse possession ___.____.____._.____-______..._.___575, 576, 640, 2196

MINIMUM FOUNDATION PROGRAM OF EDUCATION (See Education, Schools, Teachers)
HB 1 --Ad valorem tax for education; reduction of local funds ___________ __.-58, 76, 161, 187, 2371, 2452, 2517, 2521, 2542, 2896, 3012
HB 1125 --Allotments of personnel and State funds; initial adjustment _______._.._______.. 1874, 1996, 2192, 2508, 3151
HB 361 --Instructional materials and media; allotment of funds ....... 339, 417, 797, 990, 2040
HB 251 --Local funds; eliminate ...._.___________......_.. 245, 310 HB 541 --Local funds; eliminate .._____......._._._.__... 542, 628 HB 432 --Local units; capital outlay ...........__ 409, 482, 1655, 2130, 3151 HB 50 --Preschool children; implement program ________ ..... 109, 142 HB 64 --Professional school personnel; certification
and classification _________________________________________________ 113, 145 HB 480 --Public Schools; operation on a
year-round basis ...... 464, 560, 1655, 2756, 3678 HB 968 --Shorter school hours; provide for _.._.________ _____ 1549, 1649 HB 57 --Special assistance funds for local units of
administration _____________ 110, 143, 161, 266, 594, 1975, 2542 HB 365 --State Board of Education; allotment of
additional personnel _____--______-_.._.._______-_._.____---_..-_-___ 339, 417 HR 293-1118--Study Committee; create ___ 1747, 1890, 2003, 2508, 3375, 3475 HB 366 --Teacher allotment ___________________________________________ 340, 417, 1019 HB 557 --Teachers and other certificated professional
personnel; allotment ._..__._ ....._.. .544, 630 HB 278 --Teachers' contracts; local boards of
education ______________ 289, 351, 1019, 1246, 2039, 2124, 2359, 2361, 3014, 3536
HB 232 --Transportation costs; independent school systems ... 241, 307 HB 431 --Vocational programs and grades 4 and 5;
pupil-teacher ratio ___._.._.________.-_______.__.--_________...________..409, 481 HB 150 --Vocational schools; funds _______________ 165, 207, 364, 431, 1570

MINIMUM WAGES

HB 751 HB 902

--Georgia Minimum Wage Law; domestic employees _._ 855, 921 --Increase minimum wage to $2.00 per hour .____ __ 1305, 1372

MINOR, DR. RANDALL H. HR 163 --Commend ______..____.__._.______._____.._____.__________.__...______.________..__ 584

INDEX

3967

MINORITY LEADER --Egan, Honorable Michael J.; certification _____._.________.___________57

MINORS SB 177
HB 157 SB 237
HB 812 HB 918
HB 158 SB 173
HB 508
HB 553
HB 375 SB 176
HB 580
SB 236 HB 1085 SB 197 HB 904 HB 753
HB 617
HB 754 SB 259 HB 48
HB 584 HB 903 SB 190 HB 554

--Adoption; financial assistance by the Department

of Human Resources in certain cases ----...----.1226, 1221,

1313, 2193, 3195

--Adoption laws; investigation and report __..._...._.._......167, 208

--Adoption; parent's failure to provide support

in excess of 24 months ..

1913, 1916, 2000

--Age of Majority; Georgia Gift to

Minors Act _....___.....______.,,._______.... 999, 1188, 1656, 1820, 3152

--Aid to Dependent Children Act;

illegitimate children. _________________________________ 1370, 1477, 2465

--Change of name; parent's consent __.. 167, 208, 487, 1446, 2359

--Child Support Recovery Act; enact .. ._._..__. ________1670, 1671,

1758, 2193, 3063

--Child welfare agencies; Department of

Human Resources ....._..._-_._ 472, 565, 703, 1339, 3380, 3480

--Children and Youth Act; penalty provisions

relating to certain youthful offenders _____ 544, 629, 721,

1656. 2166, 3380, 3572

--Cruel treatment of children; reports by

school system employees .. .___.__. 341, 419, 1020, 1248, 2041

--Cruel treatment of children; reports by

school system employees ________ ._._____. .. ..... 1225, 1227, 1312

--Dependent children; District Attorney

required to represent plaintiff ____.._..__._ 550, 634, 1656, 1820

--Dependent children; District Attorney required

to represent plaintiff _______ 1779, 1782, 1893, 2466, 3587

--Divorce of parents; custody of minor children _____ 1740, 1885

--Felonies; plea of nolo contendere ____________ .....1912, 1915, 2000

--Felons under the age of 17; Department of

Offender Rehabilitation __________ _______ 1305, 1373, 2193

--Georgia Youthful Offender Act; community

rehabilitation centers . __.___._. ___ 855, 921, 1656, 1818, 2852

--Harmful materials; establish standards

to determine ...____..___..._______.._________....._._._.. 615, 692, 704, 1615

--Juvenile Court Code; community

rehabilitation centers __________________ 856, 921, 1656, 1857, 2852

--Juvenile Court Code; detention of minors ___ 1772, 1783, 1893

--Juvenile Court Code; jurisdiction _____________________ 109, 141, 721,

1657. 2158, 3604, 3608

--Juvenile Court Code; jurisdiction _______ __________ .550, 635, 721

--Juvenile Court Code; jurisdiction _____________ 1305, 1373, 2193

--Juvenile Court Code; jurisdiction __._____._ 1912, 1915, 2000

--Juvenile Court Code; jurisdiction over any child under 17 years of age ______________ _________ 544, 629, 721

3968 HB 506 SB 220 SB 332

INDEX
--Juvenile Court Code; voluntary consent of parent to adoption of child _.__._...__.-_.-_....._.___471, 565, 703, 1168
--Malicious or willful destruction of property; penalty ..._..._..._..__................__..__.._..__..._...__......1512, 1515, 1558
--Ordinary's responsibility as custodian for funeral and burial expenses ... 2358, 2361, 2463, 2799, 3259

MIXED DRINKS (See Alcoholic Beverages, Taxation)

HB 1068
HB 1116 HB 110 HB 750 HB 871
HB 973

--Counties and municipalities; license authorization -__._.._..,,...__...___._.--_,,--..__.___..1737, 1883
--Counties and municipalities; referendums __--____--1746, 1890 --Excise tax; authorization to levy ,,...-_...__..._...._--__...__,131, 178 --Excise tax; delete certain prohibitions ... 855, 920, 1317, 1862 --Excise tax; rules and regulations .....-..-_..._.___.1183, 1308, 2008,
2697, 2853, 3519, 3568 --University System of Georgia; regulations ....1550, 1650, 2323

MOBILE HOME INDUSTRIES, INCORPORATED HR 49-161 --Tallahassee, Florida; compensate ... 168, 209, 2002, 2244, 3158

MOBILE HOMES

SR 100
HB 679 HB 269 HB 139
SB 36

--Ad valorem tax; method of assessment; amendment to the Constitution ____.___.___.______1914, 1915, 1999
--Fees for permits _____-___________________-__._685, 790, 1482, 1617, 3372 --Off-Road Vehicle Act of 1973; provide for _________.__._..287, 349 --Uniform Standards Code for Mobile
Homes Act; enact __.-._._______.___.___.____.___.___.___.______.138, 184, 185 --Uniform Standards Code for Mobile Homes
Act; enact _..._.._..._...._...._..._...._............315, 315, 363, 365, 433

MONROE, CITY OF

HR 348

--Monroe Area Comprehensive High School Girls Basketball Team; commend ..-.--.._.._-.__..--._..._ 2772

MONTGOMERY COUNTY

HB 487
HB 488 HB 489

--Assistant Tax Commissioner's salary .___.____._.____._._.____________.________.467, 562, 643, 645, 1773
--Board of Education; membership ___467, 562, 643, 645, 1773 --Tax Commissioner's salary _._________467, 562, 643, 646, 1773

INDEX

3969

MOONE, HONORABLE L. C.

SR 178

--Express sympathy for passing of; designate road in Wilkes County .....----3010, 3125, 3131, 3133, 3388

MORGAN COUNTY

HB 655 HB 654

--Officials' salaries ........ ....623, 698, 1022, 1027, 1776 --Tax Commissioner's salary ..............623, 698, 1022, 1027, 1776

MORGAN, REV. HERBERT D. HR 398 --Commend .----.____----___--------__.--_--....__----.__--.------------.3648

MORGANTON, TOWN OP SB 404 --Amend Act incorporating .------.2851, 2981, 2989, 3349, 3358

MORROW, CITY OF HR 397 --High School Girls Basketball Team; commend ----_. .....3648

MORTGAGES HB 1036 HB 1016 HB 1032

--Cancellation shall be responsibility of mortgagee ..----___....._...--------------....1643, 1756
--Exercise of power of sale; alternative method to authorization ____.......________......1639, 1753, 2005
--Foreclosure of mortgage on personalty ...__....._...___..__....1642, 1755, 2005, 2754

MOSES, HONORABLE EDWARD C. --Election as Sheriff of the House of Representatives .------35

MOTELS HB 109 HB 806
HB 171

--Excise tax; authorization to levy ._.__...........---- .-130, 178
--Excise tax; counties and municipalities __..._--.918, 1016, 1317,1978, 2034
--Rates; posting of rate schedules --171, 212, 1481, 1621, 3153

3970

INDEX

MOTION PICTURES

HB 191 HB 706

--Obscene scenes; prohibit display _------------_198, 251, 703,
1245, 3380, 3541 --Sunday business activities; amend
Criminal Code .----------.-690, 794, 1199, 1629, 2194, 2952

MOTOR CARRIERS HB 60 --Redefine ..____._____.___.________._.__.____.__ 112, 144, 262, 3678

MOTOR FUEL (See Gasoline, Motor Vehicles, Taxation)

HR 335 HB 67
HB 136
SB 73
HB 163
HB 108 HB 287
HB 914

--Energy Crisis Study Committee; create .------______------2761 --Gasoline Franchise Practices Act; distributors
or dealers ______________114, 146, 1021, 1439, 2644, 2737 --Georgia Petroleum Products
Marketing Act; enact _--------------_.,,_------_.----137, 184 --Inspection and sale; civil penalties for
violations ....--___--------__--...927, 929, 1018, 1482, 3277 --Motor Fuel Tax Law; liquid petroleum products
other than gasoline .....__..__--169, 210, 430, 663, 1327 --Motor Fuel Tax Law; refunds ----,,--------.--.......130, 178
--Petroleum Products Safety Study
Committee; create --------------------------.--------1692
--Petroleum tank farms; safety standards __----_____---- 1369, 1477

MOTOR VEHICLES (See Licenses, Highways, Taxation, Department of Public Safety)

HB 73 HB 967 HB 711 HB 399 HB 247 HB 53 HB 478
SB 17 HB 418 HB 558 HB 598 HB 1235

--Accident reports; Department of Public Safety ------------------------116, 146, 427, 533, 1107
--Ad valorem tax; minimum tax imposed __________ ..1548, 1649 --Ad valorem tax; reciprocity with other states
in assessment and collection __------___----_______--783, 857 --Blood alcohol chemical tests; admissibility
as evidence __.------__--_--_----------------.345, 423, 641 --Chemical blood tests; administration _..._ 244, 310, 427, 1609 --Civil cases involving motor vehicle accidents;
service of summons by publication _.__________--___110, 142 --Commercial vehicles in interstate and intrastate
commerce; proportional registration ___________,464, 560, 641, 964, 2234
--Contraband vehicles; confiscation; alcoholic beverages ._.__....__------1389, 1392, 1479, 2800
--Contraband vehicles; confiscation; Uniform Narcotic Drug Act ......__......___406, 479, 1200, 1611
--Contraband vehicles; confiscation; Uniform Narcotic Drug Laws ..._____..__--------646, 630, 1482
--Contraband vehicles; confiscation; Uniform Narcotic Drug Laws ________.._..._......... 554, 637, 2005
--Dealers in Used Motor Vehicle Parts Registration Act; bonds ..___----_._._----------2788, 2988

HB 632 HB 939 HB 21 HB 539
HB 3
HB 174 HB 301 HB 854 HB 611 HB 1030 HB 245 SB 289
HB 1113 HB 67 HB 136 SB 152 SB 378 HB 317 HB 950 HB 542 HB 757 HB 1094 HB 441 SB 12
HB 846 HB 408
HB 698

INDEX

3971

--Dealers in Used Motor Vehicle Parts Registration Act; licenses ......--........... 618, 694, 923, 1718
--Defects; notification from dealer or manufacturer ------.----.._--------._.__..----_--.1474, 1656
--Driver License Medical Advisory Board; create ....................61, 80, 641, 1421, 1518, 2639, 2661
--Driver training schools; examination as alternative to educational requirements ___.-_.______..478, 570, 704, 819,1671
--Driver's license; bail; arrest for minor traffic violations ..--...--.---- ....58, 77, 121, 152, 494, 801, 873, 2127, 2360, 3108, 3376
--Driver's license; bail; arrest for minor traffic violations ________._.___________.________________________.________,___171, 212
--Driver's license; minimum age changed from 16 to 18 ______ .____.------._. __ 295, 356, 427, 956
--Driver's license; regulations ......_._.._--.___.__ ..1007, 1195, 1657, 1968, 2645, 2705, 3009
--Driver's license; renewal of honorary licenses .......... ..----------......557, 640, 1315, 1471, 1534, 2234
--Driver's license; revocation ...._________........... _..... 1642, 1755 --Driver's license; safe driving courses .......... ,..244, 309, 641,
1122, 1229, 1714 --Flashing or revolving blue or red lights;
prohibit use except on certain vehicles ...._._....._..2234, 2238 2318, 2466, 3286
--Flashing or revolving red lights; volunteer fire departments --.__..----._----------.1746, 1889
--Gasoline Franchise Practices Act; distributors or dealers .-..-...........-.----.114, 146, 1021, 1439, 2644, 2737
--Georgia Petroleum Products Marketing Act; enact--.187, 184 --Headlights mandatory in rainy or
bad weather _.._._.----__------..----........715, 718, 796, 2195, 3214 --Hit-and-run drivers causing injury or
death; felony ..........----_----. 2709, 2784, 2797, 3134 --Impoundment of vehicles illegally parked on
private property ..--.____ 298, 358, 1678, 2321, 2324, 3361 --Inspection of Motor Vehicles; exceptions ............ 1545, 1646 --Insurance; create and establish new Code Title-.542, 628, 781 --Liability insurance coverage; benefits ....___....._,,-....... 856, 922
--License plates; annual fees ......_----...---.1742, 1887, 2320
--License plates; Georgia National Guard ----....._...410, 483, 796,1230,1777
--License plates; Motor Vehicle Financial Responsibility Act ................._1670, 1671, 1758, 2319, 3546
--License plates; non-residents _.................. 1006, 1193, 2195
--License plates; penalty fee for late purchase ------ _____ _----_..__--..347, 424, 799, 877, 2234
--License plates; physically disabled persons ........._.........................689, 793, 1483, 2512, 3152

3972
HB 891 HB 160 HB 463 HB 60 HB 864 HB 869 HB 927 HB 928 HB 163 HB 108 SB 196 HB 407 HB 1236 HB 209 HB 460 HB 98 HB 849 HB 848 HB 78 HB 752 SR 78 HB 269 SB 214
HB 981
SB 11 HB 708
HB 424 HB 22 HB 855

INDEX
--License plates; replacement of original .._...--..,,-.._..._-......__........ 1187, 1311, 1657, 2494
--License plates; tax refund procedure ._--..__.....___,,.....___--_..._ 167, 209, 430, 507, 1225
--Loose materials; unlawful to transport without proper precautions .___-----_----.--.--.-.--._.. .._.___--...... 462, 558
--Motor carriers; define ___.._._....___.._........_._.... 112, 144, 262, 3678 --Motor carriers; functions transferred to
Department of Public Safety .___----..__.__.,, 1182, 1307, 1657 --Motor carriers; protective wheel flaps .__...... 1183, 1308, 2319 --Motor common carriers; temporary emergency
authority __._..___._...._____..__._._..1472, 1554, 1657, 2267, 3010 --Motor contract carriers; registration and
license _....__........._-........_._..___--. 1472, 1554, 1657, 2269, 3011 --Motor Fuel Tax Law; liquid petroleum products
other than gasoline _._.....--.....___._...169, 210, 430, 663, 1327 --Motor Fuel Tax Law; refunds .....____.....__._._..........._.__. 130, 178 --Motor Vehicle Certificate of Title Act;
bonds ......._.____.....___-__...._._....._1107, 1111, 1198, 2466, 3587 --Motor Vehicle Certificate of Title Act;
increase fee for filing ......._...._______.._______,,_ 347, 424, 1657 --Motor Vehicle Certificate of Title Act;
wreckage or salvage ..__._...--..._.._....-..--.-_...-._-2788, 2988 --Motor Vehicle Safety Responsibility Law; notices
of appeal _..._..__._.._..._._..203, 256, 540, 703, 1447, 3011 --Motor Vehicle Sales Finance Act;
penalties for violations --__----_~----------_--__----462, 558 --Motorcycles; headlights and
rear lights _.._.__..__...._-127, 175, 427, 509, 1224, 1506 --Motorized cart; define _.__...__.1006, 1194, 1657, 1867, 3679 --Motorized cart; registration and licensing ______1006, 1194,
1657, 1866, 3678 --No-Fault insurance; Georgia Motor Vehicle
Accident Reparations Act _.--...,.--....116, 147, 1482, 2381 --Nonresidents; licensure and
registration ..___.___._...._855, 921, 1657, 2588, 3373 --Nonresidents; reciprocal agreements
with other states ._____..__.~-_..._~~2679, 2783, 2797 --Off-Road Vehicle Act of 1973; provide for ......._....... 287, 349 --Permit vehicular traffic to turn right when
facing red or stop signal ...........___......_-.1913, 1916, 2000, 2319, 3070, 3377
--Police officers; penalty for fleeing or attempting to elude _.................___-.........-1551, 1651, 2320
--Rear wheels; metal protectors _....__._..____--....._.369, 374, 425
--Registration fee not to exceed $5.00 annually ___....__._...._._..._..._.691, 795, 1657, 2092
--Registration; sworn statements ._..._407, 480, 1315,1606, 2637
--Seat belts mandatory .......__..___..._.._._.....62, 80, 641, 875
--Security loads; regulations ___...__.-..-_......-....-1007, 1195

HB 847 HB 466 HB 104 HB 56 HB 384
HB 76 HB 410 HB 244 HB 405 HB 591 HB 220 HB 1013 SB 167 HB 52
HB 830 HB 782 SB 308 HB 1001

INDEX

3973

--Speed limits; Uniform Act Regulating Traffic on Highways --..------_------_..----.1006, 1194, 2195
--Suspension systems; penalty for alteration ..... .--.413, 485, 1315,1617, 3152
--Taxicabs; operation within municipalities .....-- _...-129, 177 --Torts; motor vehicle collisions; personal injury
and property damage --------------110, 143, 259, 393, 1225
--Traffic citations; copies of every citation mailed to Commissioner of Department of Public Safety .......... ....343, 421, 1316, 1471, 1530
--Traffic offenses; additional and alternative punishment .._..._.. .....--------.--------._ ...115, 147, 366, 538
--Traffic regulations; adoption by cities and local authorities ---..----_----. 347, 424, 487, 661, 2638, 2741
--Traffic; Uniform Rules of the Road .------ .--.----.244, 309, 427, 655, 2195
--Traffic violations; municipal courts ............... _____ 347, 423
--Traffic violations; submission of certain data by Superior Court Clerks _._....------------..------ ...552, 636
--Trailers and semi-trailers; annual inspection ....... ........................... ..... 239, 306, 641, 1447
--Trucks, two-ton; tractor trailers; prohibit interstate highway travel, certain hours and days --------.1638, 1752
--Trucks; use lane farthest to the right .__.------------...715, 718, 796, 1483, 3620
--Uninsured motorists; renumber and redesignate subsection (h) of 1971 amendatory Act ........... 109, 142, 148, 218, 3009
--Used Motor Vehicle Warranty Act; enact ......... 1002, 1191
--Volunteer firemen; flashing or revolving red lights ...-------------- ----913, 1012, 1657, 1844, 3373
--Warranty on sale and manufacture; energy absorption system __._.--------_ 2490, 2545, 2607, 2802, 3250
--Wreckers; tow only to first exit on interstate highway systems .._..------------------._... 1635, 1750, 2320

MOTORBOATS

HB 332

--Georgia Boating Safety Act; enact ..........301, 360, 1658, 2049, 2850, 2900

MOTORCYCLES

HB 98 HB 244

--Headlights and rear lights ignited during all hours of operation ....,----.......127, 175, 427, 509, 1224, 1506
--Traffic; Uniform Rules of the Road ... 244, 309, 427, 655, 2195

3974

INDEX

MOULTRIE, CITY OF HB 1114 --Corporate limits ------------------1746, 1889, 2612, 2619, 3364

MOUNTAIN JUDICIAL CIRCUIT

SB 365 HB 1074

--District Attorney; investigator ------------2846, 2979, 2988, 2993, 3142
--Terms of court ...----.----.---------_-----------1738, 1883

MOUNTAINS
HB 467 HB 1000

--Critical Areas Act of 1973; enact --------------.--413, 485 --Vital Areas Council; create -- -1635, 1750, 1763, 2534, 3374

MULTI-LEVEL DISTRIBUTION COMPANIES HB 627 --Regulate ----.----._----__----------------617, 693, 702, 814, 2636

MUNICIPAL CORPORATIONS (See Named City)
HB 990 --Acworth, City of; corporate limits --------------.1633, 1748, 2321, 2348, 3146
HR 406 --Adel, City of; congratulate --.--------------_--._------.3654 HB 687 --Ailey, City of; corporate limits ._..... 687, 791, 1202, 1212, 2487 HB 600 --Albany, City of; corporate limits -----------.554, 637, 867,
1568, 2744, 3008 HB 970 --Alpharetta, City of; corporate limits .------------1549, 1650 HB 912 --Alpharetta, City of; elected officials'
salaries -----------------------1369, 1477, 2802, 2826, 3369 HB 628 --Ashburn, City of; candidates; majority
of votes ..........--._------------------617, 694, 863, 868, 1570 HB 980 --Athens, City of; Board of Education;
new system ------------1551, 1651, 1896, 1900, 3013, 3055 HB 791 --Athens, City of; Civil Service
Commission --.._----..--___ 915, 1014, 1486, 1489, 2233 HB 1066 --Athens, City of-Clarke County; centralization of
governmental facilities and operations ------1737, 1882, 2468, 2474, 3147
HB 932 --Athens, City of; corporate limits --------------1371, 1479, 1660,1669, 2489, 2648
HB 792 --Athens, City of; public transportation system ....._.._._...___--------915, 1014, 1561, 1563, 2356
HB 35-121 --Atlanta, City of; ad valorem tax for educational purposes; amendment to the Constitution --------133, 180
HB 121 --Atlanta, City of; ad valorem tax for educational purposes; filed with City Clerk ..........----..--_-133, 180, 2198, 2204, 3153
HB 577 --Atlanta, City of; ad valorem tax for educational purposes; homestead exemption ---___--_..__--549, 634, 2324, 2825, 3369

INDEX

3975

HB 185 --Atlanta, City of; homestead exemption; ad valorem tax for educational purposes ,,-----_,,.--.-._--.--___...___197, 250
HR 60-191 --Atlanta, City of; ad valorem tax; homestead exemption; amendment to the Constitution __...__.__.. 199, 251
HR 69-215 --Atlanta, City of; ad valorem tax; homestead exemption; amendment to the Constitution ___.___.________.__.205, 257, 1896, 1904, 3153, 3202
SB 169 --Atlanta, City of; ad valorem tax; maximum limitation .....__._..-__._._....,,__________1571, 1573, 1653
HR 70-215 --Atlanta, City of; ad valorem tax; revenue bond interest; amendment to the Constitution ,,----__--.. 205, 257
SB 368 --Atlanta, City of; alcoholic beverage sales for consumption on premises during certain hours ___._._________--____.___.2847, 2980, 2988, 3349, 3354
HB 481 --Atlanta, City of; Atlanta Housing Finance and Development Authority Act; create ---..-_.,,_,,__-____..,,__.,, 466, 561, 2802, 2803
HR 132-480 --Atlanta, City of; Board of Education; land leases; amendment to the Constitution -_____._____________________465, 561
HB 20 --Atlanta, City of; Board of Education; reorganize ...._____..__________________,________._____.61, 80, 1022, 1028
HB 282 --Atlanta, City of; Board of Trustees; composition ________________________________________ 291, 353, 3072, 3074
HR 370 --Atlanta, City of; charter; relative to Senate Bill 50--~ 3096 HB 292 --Atlanta, City of; City-County Pension Fund
Study Commission ..........^... ....................... 293, 354 HB 116 --Atlanta, City of; corporate limits .................. 132, 179 HB 117 --Atlanta, City of; corporate limits __.____--__.___..._.__________.132, 179 HB 118 --Atlanta, City of; corporate limits _-__.._--__.._--__..__~_._132, 179 HB 119 --Atlanta, City of; corporate limits __________ ....... 132, 180 HB 120 --Atlanta, City of; corporate limits ____.______.__.______._.__.133, 180 HB 910 --Atlanta, City of; corporate limits -__-_-__-____..-__-.___._ 1306, 1374 HB 241 --Atlanta, City of; corporate limits;
enlarge and redefine .....__________________________________________ 243, 309 SB 35 --Atlanta, City of; Criminal Court;
jury panels .-__..--....-.....__.-..-_.-__..._._....___.1570I 1573, 1653 HB 208 --Atlanta, City of; delinquent tax execution;
issuance after December 20 ........203, 255, 2198, 2218, 3154 HB 178 --Atlanta, City of; disability benefits;
employees and teachers .............\12, 213, 2198, 2199, 3154 SB 95 --Atlanta, City of; employees' pension
fund; disbursements --_.....___....._.............__.. 2485, 2543, 2606

HB 725 --Atlanta, City of; employment of personnel _...__.___..____787, 859

HB 177

--Atlanta, City of; firemen; disability benefits ................... .^72, 213, 2198, 2215, 3153

HB 302

--Atlanta, City of; firemen; pension benefits ...............295, 356, 3072, 3077, 3379, 3543

HB 286 --Atlanta, City of; firemen; pension eligibility ___....._. 292, 353

HB 522

--Atlanta, City of; Fulton County; Governmental Merger Commission; create ____--______-________.___________474, 568

3976

INDEX

HB 123 --Atlanta, City of-Fulton County; pensions;

transfer of employees ,,__-_.--____-__..--...__..--_________..____. 133, 180

SB 80 --Atlanta, City of-Fulton County Recreation

Authority; pension benefit credits ._. 2231, 2236, 2316, 3349

SB 79 --Atlanta, City of-Fulton County Recreation

Authority; pension fund __....--__ 2230, 2236, 2316, 3349, 3355

HB 1135 --Atlanta, City of; governing authority;

members' salaries ___--___.--.-..-__________-______--.._._______ 1876, 1997

HR 130-480 --Atlanta, City of; Housing Code; demolition of

slums; amendment to the

Constitution ................. 465, 561, 2611, 2629

HB 261 --Atlanta, City of; Judges; pension benefits ... ..... 248, 312, 387

HR 183-719 --Atlanta, City of; lotteries; amendment

to the Constitution ...... 785, 858, 2802, 2843

HB 779 --Atlanta, City of; Mayor's qualifications .... .. 912, 1011

SB 261 --Atlanta, City of; Mayor's

qualifications ....._._................................. ..2485, 2545, 2607

SB 218 --Atlanta, City of; Municipal Court;

court counselor ................... --.3054, 3125, 3131, 3349, 3356

HB 291 --Atlanta, City of; officers and employees;

retirement benefits

........

293, 354

HB 85 --Atlanta, City of; Ombudsman Chapter

of the Charter .-.._.__.._._..... ....._._....-125, 173, 2007, 2012

HB 122 --Atlanta, City of; pedestrian traffic between

private premises ......._.._...__.133, 180, 2198, 2206, 3013, 3201

HB 304 --Atlanta, City of; pension benefits; officers

and employees ,,....._....._ 296, 356, 3072, 3079, 3379, 3544

HR 250 --Atlanta, City of; Pension Study Commission;

relative to --.--_.._.._.....__.-.___........... 1503, 3007

HB 176 --Atlanta, City of; pension system; employees

and teachers ..................172, 212, 2198, 2211, 3160, 3542,

3546, 3588, 3604, 3679

HB 203 --Atlanta, City of; pension system; employees

and teachers .-.....__._._-----... 202, 255, 2321, 2347, 3360

HB 281 --Atlanta, City of; pensions; deferred payments ____-.291, 353

HB 284 --Atlanta, City of; pensions; deferred payments ........292, 353

HB 288 --Atlanta, City of; pensions; eligibility for benefits ........293, 354

HB 305

--Atlanta, City of; pensions; eligibility for participation .__.___..........__.__......................_... 296, 357, 882

HB 285

--Atlanta, City of; pensions; Federal O.A.S.I. program ............-...._.....-......... 292, 353, 2536

HB 287 --Atlanta, City of; pensions; monthly earnings _........292, 354

HB 290 --Atlanta, City of; pensions; population figures ... 293, 354

HB 175

--Atlanta, City of; policemen; disability benefits ___.______.._-__.____._... ....171, 212, 611, 2198, 2207, 3153

HB 303

--Atlanta, City of; policemen; pension benefits .-----,,---- 296, 356, 3072, 3078, 3379, 3544

HB 19

--Atlanta, City of; reincorporate in Fulton and DeKalb Counties ..__.........._..................61, 79, 1022, 1047

INDEX

3977

SB 50 --Atlanta, City of; reincorporate in Fulton and

DeKalb Counties ____....._________ 2675, 2782, 2795, 3072, 3073

HB 206 --Atlanta, City of; Revenue Bond Law;

pledge of payment ....____..._________________________________________ 203, 255

HB 183 --Atlanta, City of; salary increases; prevent

change by Home Rule --_...,,--.-,,--..,,_.----_,,._._.---197, 250

SB 49 --Atlanta, City of; school system; create

new structure ___________._.___.______._.2709, 2782, 2796, 3072, 3073

HR 63-191 --Atlanta, City of; special service districts taxes;

amendment to the Constitution _______________________________199, 252

HB 283 --Atlanta, City of; Teachers' Retirement System;

transfer of funds _....,,_.____.....-__..__._...__......__ 291, 353, 2195

HB 621 --Augusta, City of; Board of Tax Assessors;

salaries __...___.._____..__.........____._.___.616, 693, 1561, 1563, 3361

HB 1063 --Augusta, City of; City Council;

election _...___...._.__...._._...._.....__....1736, 1882, 2322, 2349, 3363

HB 620 --Augusta, City of; Coliseum Authority;

create ...____.___....____.-_-.._-_....___._.._.616, 692, 1561, 1562, 3361

HB 917 --Austell, City of; corporate limits _._.-_... 1370, 1477, 2321,

2347, 3013, 3107

HB 1153 --Bainbridge, City of; corporate limits ___...____. 1991, 2187, 2322,

2356, 3149

HB 1133 --Barnesville, City of; Antenna Television

HB 1131

Service System

_ 1876, 1997, 2322, 2354, 3148

--Barnesville, City of; City Ward

Boundaries _...-_._...____.._....-.....1876, 1996, 2322, 2354, 3148

HB 1130 --Barnesville, City of; Recorder;

election qualification __..___._______.1875, 1996, 2322, 2353, 3148

HB 1205 --Baxley, City of; corporate limits ........_....__-__._____....2459, 2604

HB 1224 --Baxley, City of; corporate limits ___.______.._..__,,.-____- 2602, 2790,

HB 1185

2993, 3001, 3674 --Between, Town of; reincorporate _._.___,,_.----_.-___,, 2185, 2315,

2612, 2623, 3366

HB 690 --Blacl-shear, City of; election dates --____.__.________-__--.687, 792,

1202, 1213, 1777

SB 420 --Blue Ridge, City of; ad valorem tax rate -3244, 3335, 3348

HB 1222 --Bowdon, City of; reincorporate _______.-__-__.______.-______.2601, 2790,

2993, 3000, 3674

HB 1237 --Buford, City of; Commission;

members' election ___..-_...___,,.._..._..,,_. 2789, 2988, 3349, 3355

HR 181-719 --Calhoun, City of; Hand Up, Inc., appropriations;

amendment to the Constitution ....785, 858, 1201, 1222, 1778

HB 538 --Camilla, City of; City Court; salaries __________________ 478, 570,

705, 714, 1388

HB 537 --Camilla, City of; corporate limits ....... 477, 570, 705, 714, 1774

HB 1111 --Centerville, City of; corporate limits ,,..----..._--.....1746, 1889,

2322, 2351, 3147

HB 572 --Chickamauga, City of; corporate

limits ,,_...__....___...__._.__._.._______648, 633, 1022, 1024, 1774

HB 746 --Clarkesville, City of; close a portion of

Hoyt Circle .._._.--_..____._.___._.....854, 920, 1375, 1377

3978

INDEX

SB 413 --Clarkesville, City of; repeal and replace charter ____________.__._______._______.___..3054, 3126, 3132
HB 1159 --Cochran, City of; Mayor and Alderman; election ___________._________.__..__________1992, 2188, 2469, 2481, 3154
HR 147-568 --College Park, City of; ad valorem tax; homestead exemption; amendment to the Constitution ._________..___._.____.__._._____.547, 632, 1317, 1330
HB 223 --College Park, City of; charter ......._______________________..... 240, 306 HB 672 --College Park, City of; corporate limits ........ 626, 700 HB 673 --College Park, City of; corporate limits .... . 626, 701 HB 674 --College Park, City of; corporate limits ... ... ... 627, 701 HB 675 --College Park, City of; corporate limits __.._-____...__-_... 627, 701 HB 676 --College Park, City of; Mayor and Councilmen;
qualifications ______.___.________________.627, 701, 2802, 2825, 3369 HB 103 --College Park, City of; provide new charter ___._._____.___ 129, 177 HB 454 --Columbus, City of; Columbus Airport Commission;
powers and duties _-_________________..__.460, 557, 643, 643, 1386 HR 220 --Columbus, City of; commend employees ______-_._____-__________..1142 HB 1014 --Columbus, City of; demolition of certain
dwellings ..-..,,.---_._..,,_..-.--,.---.-.-_.. ..1639, 1752 HR 116 --Columbus, City of; fire department; commend --_ .._._____ 373 HB 722 --Columbus, City of; Municipal Court;
deputy marshal __.__.______._.___.__._-___786, 859, 1318, 1323, 2038 HB 623 --Columbus, City of; Municipal Court;
Law Library ______._______________.____.617, 693, 863, 868, 1569 HB 721 --Columbus, City of; sale of a certain
tract of land _____.__._______._______._._-_786, 859, 1318, 1323, 2037 HB 387 --Columbus, City of; Urban Services District taxes;
homestead exemption ......... 344, 421, 488, 493, 926, 3279 HB 1002 --Commerce, City of; Councilmen-at-large;
election ____.______._____.____________._______1636, 1750, 2008, 2640 HB 743 --Cornelia, City of; Mayor and Commissioners;
salaries ______________________________________________ 853, 919, 1375, 1378 HR 205-832 --Covington, City of; Parking Authority; create;
amendment to the Constitution ______________..__________.1003, 1191, 2007, 2018, 3370
SB 219 --Cross and Green, City of; incorporate _____.__.__. 925, 929, 1019 SB 414 --Dahlonega, City of; Recorder's
qualifications _._.______--3054, 3126, 3132, 3349, 3359 HB 544 --Dalton, City of; mayor and council;
salaries ___________________ 478, 571, 2198, 2219, 3159, 3271

HB 262 --Dalton, City of; pension plan ____________ 248, 313, 488, 492, 926

HB 545 --Dalton, City of; Recorder's salary -__._____..._-.__478, 571, 2198,

2220, 3159, 3272

HB 664

--Darien, City of; mayor and council; salaries _____________.____________.625, 699, 1319, 1320, 3143

HB 651

--Dasher, Town of; corporate limits _____________________._._______.622, 697, 1022, 1026, 3361

HB 1077

--Douglasville, City of; corporate limits -___________.___.--___---___-1739, 1884, 2322, 2350

INDEX

3979

HB 1078 HB 1208

--Douglasville, City of; sale of city property -_-_.-_.-__.-.._..___..__.. .........1739, 1884, 2322, 2350
--Dublin, City of; corporate

HB 1207

limits --.-.--__._.--._.._._.__.... 2460, 2605, 2803, 2828, 3368 --East Dublin, Town of; Mayor and Councilmen;

terms -.--...-..--..-.._.--..._-._-___..._. 2460, 2604, 2803, 2828, 3368 HR 107-376 --East Point, City of; City Council; pension benefits;
amendment to the Constitution .......... ._._..__ 342, 420, 2198,

HB 299

2223, 3301, 3341 --East Point, City of; corporate
limits ---_-_....._.._ 294, 355, 2007, 2011, 2850, 3024

HB 710 HB 500
HB 378
HB 102 SB 389
HB 101

--East Point, City of; corporate limits ........... 783, 856 --East Point, City of; Mayor and Council;
salaries .--.-- ..--.-- .-.- ........... ..-.._-..........__... 469, 564 --East Point, City of; Mayor and
Council; vacancies _--._--.._-----_--..-- -- --_..__.___..343, 420 --East Point, City of; repeal charter .........................129, 177 --Enigma, Town of; municipal
date ._----.--_.-......_.. 2847, 2980, 2988, 3349, 3357 --Fairburn, City of; repeal charter .___.-._.._......_.._____. 129, 177

HB 1043 HB 908 HB 629 HB 585

--Forest Park, City of; reincorporate --.......-..1644, 1757, 2008, 2017, 3146
--Fort Valley, City of; Utilities Commission; membership .........._...-....... ........1306, 1373, 1660, 1668, 2489
--Ft. Oglethorpe, Town of; corporate limits _________.... -__._._..__...__618, 694, 863, 869, 3379, 3541
--Gainesville, City of; ad valorem property tax ..............................550, 635, 1661, 1765, 2486

HB 586 --Gainesville, City of; ad valorem tax; fair

HB 587

market value .............__._____.551, 635, 1661, 1766, 2486 --Gainesville, City of; ad valorem tax; property
assessment _.._........._.._____..._. ....551, 635, 1661, 1766, 2486

HB 1184

--Garden City, City of; corporate limits _-._.-..-.__........___ 2185, 2315, 2612, 2623, 3160, 3217

HB 1091

--Grantville, City of; corporate limits _-..-_.__-...-.-_.--__......-._-_..-1741, 1886, 2322, 2351, 3147

HB 993

--Griffin, City of; Board of Commissioners; Chairman's election ..................1634, 1749, 1896, 1901, 3146

HB 1061
HB 789
HB 115 HB 856

--Griffin, City of; street construction .............................. 1736, 1881, 2322, 2348, 3146
--Hamilton, City of; Mayor and Council; terms of office ................. 914, 1013, 1486, 1489, 2232
--Hapeville, City of; repeal charter ........... 132, 179 --Hiram, City of; Mayor and Councilmen;
salaries ..................................... 1008, 1195, 1561, 1566, 2634

HB 1052

--Hogansville, City of; Board of Education; election ... .............. ........ 1734, 1880, 2199, 2202, 2849

HB 1003

--Hogansville, City of; Cable Television System .............-.-..-- ... ...1636, 1750, 2008, 2015, 2640

HB 1004

--Hogansville, City of; corporate limits -..-.- ......... .........1636, 1750, 2008, 2014, 2641

3980

INDEX

HB 1053 HB 1005 HB 1128 HB 1025
HB 452 HB 988 HB 649 HB 238 HB 977 SB 361 HB 499 HB 1141 HB 1160

--Hogansville, City of; Mayor and Councilmen;

election .,,-... .-..---.. .1734, 1880, 2199, 2203, 2849

--Hogansville, City of; Mayor and councilmen;

salaries ---...--.........__....__. 1636, 1750, 2008, 2015, 2640

--Homer, Town of; Mayor and councilmen;

terms of office ........... ......1875, 1996, 2322, 2353, 3148

--Industrial City; create within Gordon,

Murray and Whitfield counties

..... 1553, 1654, 2468,

2475, 3300, 3313

--Jefferson, City of; Create new

charter ................................ 413, 485, 1896, 1897, 2635

--Kennesaw, City of; corporate

limits _.___.._._..__. 1633, 1748, 2468, 2469, 3146

--Lake Park, Town of; create new

charter ...... .................. 622, 697, 1202, 1209, 3012, 3069

--Leesburg, City of; repeal and

replace charter ............ 243, 308, 487, 491, 1105, 1113

--Lenox, Town of; annex certain

land _-_..--.._..-.--..--.-.1550, 1651, 1896, 1899, 3363

--Lexington, City of; create new

charter ........... ........................2485, 2546, 2608, 2993, 3004

--Lincolnton, City of; Mayor and Councilman;

qualifications ......-.-..-.-..-...--..... 469, 564, 705, 707, 1389

--Locust Grove, Town of; Recorder's

Court; create .........................1877, 1998, 2468, 2477, 3365

--Loganville, City of; Mayor and other

officers' election ___,,__ ...1992, 2188, 2612, 2620, 3365

HB 688

--Louisville, City of; corporate limits ........... 687, 791, 1202, 1213, 2037

HB 1175

--Ludowici, City of; corporate limits ................................... 1995, 2190, 2611, 2615, 3366

HB 1166

--Lumber City; City of; create a new charter ,,.._..........._.............. .1994, 2189, 2802, 2827, 3365

HB 762

--Lumpkin, City of; municipal services ........... _.......-...909, 1009, 1376, 1378, 3013, 3266

HB 901

--Macon, City of; Board of Water Commissioners; abolish .......... 1305, 1372, 1660, 1667, 2487

HB 453

--Macon, City of; Macon Transit Authority; create _.........__-._....._.....--.......413, 485, 573, 1386

HR 157-631 --Macon, City of; reconvey certain property ............. .........................618, 694, 2007, 2501, 3675

HB 653

--Madison, City of; Mayor and Aldermen; salaries ..._.................................... 623, 698, 1022, 1027, 1775

HB 502

--Mansfield, Town of; Councilmen; meetings ....._........................_......... 470, 564, 705, 708, 1387

HB 574

--Marietta, City of; ad valorem tax for educational purposes ..._........_..^....548, 633, 1661, 1765, 2485

HB 1117

--Marietta, City of; Mayor and councilmen; election qualifications ............ 1746, 1890, 2322, 2334, 3147

INDEX

3981

HR 152-604 --Marietta, City of; State Properties Control

Commission; lease certain Cobb County

Property ............_......_..__.. .........555, 638, 1484, 1696, 2851

HB 637 --Menlo, City of; Mayor's Court; judge's

appointment .....__._.__..__.._._. 619, 695, 1022, 1025, 1775

HB 770 --Metier, City of; City Court;

salaries ........................... 910, 1010, 1376, 1382, 2038

SB 354 --Milledgeville, City of; corporate limits ....... 2231, 2238, 2318

SB 404 --Morganton, Town of; amend Act

incorporating .................... 2851, 2981, 2989, 3349, 3358

HB 1114 --Moultrie, City of; corporate

limits -.-..-----.-.-.- .---1746, 1889, 2612, 2619, 3364

HB 1195 --Nahunta, City of; City Council, Mayor

and Aldermen ...

2312, 2462, 2612, 2625, 3367

HB 1051 --Nashville, City of; Mayor and

aldermen; salaries .._........ 1734, 1880, 2199, 2202, 3013, 3268

HB 1088 --Newnan, City of; Mayor and aldermen;

terms of office ._-..-.....---.-- .-- .- 1741, 1886

HB 1231 --Newnan, City of; Mayor and aldermen;

terms of office ....... 2603, 2791, 2994, 3003, 3675

HB 1090 --Newnan, City of; water, sewerage and electrical

distribution systems ..._.-....__._......._...._... 1741, 1886

HB 1232 --Newnan, City of; water, sewerage and

electrical distribution systems...... 2603, 2791, 2994,

2997, 3675

SB 263 --Oakwood, City of; streets; minimum width

of driving surface ....... 1390, 1394, 1480, 3349, 3357

HB 1123 --Ocilla, City of; corporate

limits

_............ 1748, 1891, 2322, 2352, 3147

HB 1124 --Ocilla, City of; election of

officers ....... . . .. 1748, 1891, 2322, 2352, 3148

HR 136-504 --Palmetto, City of; ad valorem tax; homestead

exemption; amendment to the Constitution ...... 471, 565

HB 114 --Palmetto, City of; repeal charter ............ 132, 179

HB 224 --Palmetto, City of; repeal charter ........ .... 240, 306

HB 1161 --Patterson, City of; Mayor's Court;

change name ...... ......... ...1993, 2188, 2469, 2482, 3673

HB 94 --Peachtree City; extend corporate limits;

councilmen's terms ......... 126, 175, 1375, 1376,

2644, 2663

HB 535 --Peachtree City; Water, Sewerage and

Recreational Authority; create .... ....477, 570, 1762, 1764,

2642, 2664

HB 1020 --Pearson, City of; new charter ... 1640, 1753, 2008, 2016, 2640

HR 171-642 --Perry, City of; ad valorem tax;

homestead exemption; amendment to

the Constitution .......................620, 696, 1317, 1333, 3677

HB 222 --Perry, City of; Mayor and councilmen;

election ........... ...__._ 240, 306, 487, 491, 1385

HB 221 --Perry, City of; mayor and councilmen;

qualifying fees ...................240, 306, 487, 490, 1385

3982 HB 1050 HB 252 HB 685 HB 1035 HB 503 HB 662 HB 879 HB 1198 HB 461 HB 984 HB 590
HB 1006 HB 1007 HB 1152 HB 694 SB 171
SB 395 HB 965 HB 966 HB 1047 HB 492 HB 975 HB 1039 HB 1142 HB 634 HB 959

INDEX

--Perry, City of; Telephone

Authority ____._,,___.___..,,_._..__._.. ...1734, 1880, 2321, 2348, 3146

--Perry, City of; Woodland taxation __ 246, 311, 573, 576, 1568

--Pineview, Town of; public streets.....

686, 791, 1202,

1211, 1777

--Pooler, Town of; corporate limits ___.___.____.__.1643, 1756, 2321,

2326, 3146

--Porterdale, City of; Mayor and Councilmen;

salaries .........._....___._._-_..........__-.__.470, 564, 705, 708, 1387

--Riddleville, Town of; officials'

terms of office ...._-...._-....__..._-_-624, 699, 1202, 1210, 1776

--Ringgold, City of; corporate

limits ...__.,,__-....__.._..,,.-..__.._.....1185, 1310, 2198, 2200, 3145

--Riverdale, City of; ad valorem

taxation -._.-... .... -_.-.- 2312, 2462, 2612, 2626, 3367

--Riverside, Town of; ad valorem

taxation .-_...___..-...._..-.-__.___.___._-....462, 558, 643, 644, 1386

--Rome, City of; corporate limits.- 1552, 1652, 1896, 1900, 2849

--Rossville, City of; councilmen; composition;

clerk, treasurer and tax collector;

appointment ___,,.____. .......___._.__.. 552, 635, 1318, 2036

--Roswell, City of; corporate

limits ..__.__...._......._.._...___.....1636, 1751, 2611, 2613, 3363

--Roswell, City of; transfer of property . . . 1636, 1751

--Royal Lodge, City of; create new

charter ..-_____-_--__-..__ ... 1879, 1999, 2469, 2479

--Sardis, City of; corporate

limits _______._______,,__.._ 688, 792, 1202, 1214, 2037

--Savannah, City of; Mayor and

Council; composition _....._....__.....716, 718, 796, 2803, 2832,

3097, 3098, 3159

--Savannah, City of, Tybee Island;

corporate limits .__,,..........______ 2678, 2784, 2797, 2993, 3006

--Smyrna, City of; corporate

limits ---------...._._ 1548, 1649, 2008, 2013, 2639

--Smyrna, City of; corporate

limits ------------------------1548, 1649, 2008, 2013, 2639

--Snellville, Town of; change name to

City of Snellville --------------1645, 1757, 2198, 2201, 2849

--Soperton, City of; City Court; judge's salary --------------------------468, 563, 643, 647, 1773

--Sparks, Town of; Mayor's term of office ----------------------1550, 1650, 1896, 1899, 3362

--Statesboro, City of; Rural Telephone Cooperative Act .__-------- _ 1643, 1756, 2004, 2203, 2849

--Stockbridge, City of; corporate limits --------------------1878, 1998, 2468, 2477, 3380, 3408

--Summerville, City of; close portion of Favor Street --------------------.619, 695, 863, 869, 1570

--Sylvester, City of; elections..----1547, 1648, 1896, 1898, 2635

HB 882 HB 882 SB 313 HB 225 HB 1134 HB 524 HB 787 HB 1150 HB 100 HB 872 HB 1228 HB 641 HR 276 HB 1193 HB 1223 SB 270 HB 838 HB 1132 HB 793 HB 712

INDEX

3983

--Thomaston, City of; corporate

limits _____-_-_.__-_-..-_-_._-_-_--_._-_-__-1186, 1310, 1660, 1664, 2489

--Thomaston, City of; corporate

limits ...._..._........._......__..-_.-....._-..1186, 1310, 1660, 1664, 2489

--Thomasville, City of; Board of

Education; election _..._...__......_...1772, 1783, 1893, 3135, 3141

--Thomson, City of; charter; repeal

and replace

. 240, 306, 429, 430, 926, 1510

--Tifton, City of; Mayor and Vice

Mayor

_.

1876, 1997, 2322, 2355, 3149

--Toccoa, City of; corporate

limits _._..............._......_.__._..._........_...-475, 568, 705, 712, 1388

--Toccoa, City of; Mayor and

Vice Mayor; salaries __............... 914, 1013, 1485, 1488, 2232

--Twin Lakes, City of;

reincorporate ....... 1879, 1999, 2469, 2473, 3363

--Union City, City of; repeal charter....._.._....._.. _....___._. 129, 177

--Valdosta, City of; corporate

limits _...-.._________.____.__________..._._. 1184, 1309, 1762, 1767, 3362

--Varnell, City of; corporate

limits .._._._..__..__.-_-.__._____._____.._____.2602, 2790, 2994, 3002, 3674

--Warner Robins, City of; City Court;

terms

.

620, 696, 1022, 2037

--Warner Robins, City of; Civil Defense

members; commend ,,.._...._--._.__..___._____..._....... ._____._____.___._.1683

--Warner Robins, City of;

corporate limits . . . . . 2187, 2316, 2612, 2625, 3367

--Warner Robins, City of; revenue

bonds ----..-_._,,__-____._-._......._,,.._. 2601, 2790, 2993, 3001, 3674

--Watkinsville, Town of; Mayor's election;

Council Posts ___.___.....__..___.1391, 1394, 1481, 2803, 2830, 3083

--Waycross, City of; Charter of 1972; effective dates _..___...___.______.._._...1003, 1192, 1561, 1564, 2488

--Williamson, Town of; Mayor and councilmen; salaries ________ ____.___1876, 1997, 2322, 2354, 3148

--Winterville, City of; Police Court _.-.._._........_..-._.-_..._-.-_.._....__.915, 1014, 1561, 1563, 2356

--Wrightsville, City of; mayor and

council; salaries _._..,,_

...._.784, 857, 1202, 1214, 2487

MUNICIPALITIES

HB 1065 HB 702 HB 929
HB 447

--Alcoholic beverages; referendums __,,.._..._. .__.-- 1737, 1882
--Annexation by operation of law ___..____________..___.__..______-.690, 794
--Board of Tax Assessors; fair market value; property for county ad valorem tax purposes -___,,--____---__--___---,,--_____--._----_____--__.-- 1472, 1554
--Bridges and tunnels; authority to erect, all public ways ,,__--.--__.--_.-----_--.--.....--._._____-.____ 412, 484

3984

INDEX

HB 588 --Contractors; performance and payment

bonds -,,--__-_-._-_.,,-__,,,,_ ___.._. ... ...551, 635

HR 326-1199--Debts incurred; amendment to the Constitution . 2313, 2462

SR 85 --Debts incurred; limitations; amendment

to the Constitution -____-_--_--_____--__.2679, 2783, 2796, 3135

HB 987 --Elected officials; alcoholic beverage license restrictions ___--_--------_--__--__-,,--__--_ 1553, 1653

HB 212 --Elections; date and notice _.-.-._,,..

204, 256

HR 58-175 --Employees' pension benefits; amendment to

the Constitution ,,,,_____..._.__....____.._._______ 171, 212

HB 805 --Excise tax; sale of meals ________.._._.

917, 1016

HB 806 --Excise tax; hotels, motels and other

accommodations _--__--_--__..__ 918, 1016, 1317, 1978, 2034

HB 213 --Firemen; Fire Fighter's Mediation Act;

extend coverage ___--,____,, 204, 256, 1020, 1112, 1296

HB 464 --Fluoridation; municipal referendums. _ 462, 558, 1760

HB 349 --Grants; street construction and maintenance

and traffic control; Department of

Administrative Services _._----___--.336, 415, 572, 666, 1389

SB 394 --Home Rule; legislative bodies authority

to fix compensation of members.....--_____ 2894, 2981, 2990,

3135, 3528, 3546, 3583

HB 234 --Housing Authorities Law; area

of operation __--____,,--,,---..._ 242, 308

HB 1011 --Income tax; authority to levy local

income tax __,,..__._._....._.--___..___..__,,._________. ___ --.1637, 1751

HB 207 --Income tax; authorization to levy

local income tax ___,,------_--_--_--__--__--_.--_____._,,-- 203, 255

HB 84 --Income tax; local option.--.----.- 124, 173, 1317, 2664, 2854

SB 41 --Incorporation; certain counties.----.925, 929, 1017, 1895, 2495

HB 645 --Incorporation; minimum standards;

inapplicable in certain counties

(population of over 1,000).__.______.. 621, 696, 798, 943, 1693

SB 202 --Insurance; deferred compensation

program for employees ----..2490, 2544, 2607, 2799, 3292

HB 258 --Joint Municipal Employees' Retirement

System; civil defense organizations, development,

housing and hospital authorities.__.__--_______ 247, 312, 1484,

1720, 3151

HB 65 --Judges of corporate, police, recorders'

or mayors' courts; appointment...... 113, 145, 148, 186, 2040

HB 911 --Liability insurance; torts ____.__.__.___-__.___-__-_.__. 1369, 1476

HB 329 --Malt beverages; excise tax _____,,.____.. __ 300, 360, 1763, 2067,

3263, 3286

HB 326 --Metropolitan Area Planning and

Development Commission; redistrict-- 299, 359, 429, 3371

HB 1068 --Mixed drinks; license authorization...__--__._____.-- 1737, 1883

HB 1116 --Mixed drinks; referendums _ ... ,, ...___._________....,,_ 1746, 1890

HB 708

--Motor vehicle registration fee not to exceed $5.00 annually _ __

691, 795, 1657, 2092

HB 405 --Municipal courts; traffic violations ..,,--_--___--_-- 347, 423

HB 231 HB 439
HB 615
HB 320 HB 319
HB 97 HB 1012 HB 76
HB 205
HB 476
HB 420

INDEX

3985

--Municipal Election Code; runoffs -------- 241, 307, 367, 446
--Office of Planning and Budget; minimum standards for budgeting, etc..---------410, 482, 1317, 1619, 1674, 2946
--Officers and department heads; malfeasance; penalties ---------------- --615, 692, 1761
--Planning and zoning; powers ..........-- 298, 358, 798
--Planning commissions; multi-county planning commissions .__.__........... 298, 358, 798, 2072, 2230
--Real property; purchase price ------__------_.------.127, 175
--Sales tax; authority to levy local sales tax .-..--1637, 1751
--Traffic offenses; additional and alternative punishment __----------... ._..... 115, 147, 366, 538
--Unincorporated areas; service of official documents _.--_.---------- __----.----.. ----.203, 255
--Urban Redevelopment Law; land acquisition for persons displaced _--. ---- .------_.-- --.----.------464, 559
--Veterans' exemptions; reimbursement to municipalities .------.------------------._. -------..407, 479

MURDER

HR 32-98 --Life imprisonment for crime of murder;

parole prohibited; amendment to the

Constitution

.._..._....

128, 176

HR 88-280 --Parole prohibitions; amendment to the Constitution ----..--------...-------- .--...---- ----.290, 352

MURPHY, HONORABLE THOMAS B. --Election as Speaker Pro Tern _----_------_.------------___34

MURRAY COUNTY

HB 1146 HB 1025
HB 1145

--Commissioner's salary ....__......__. 1878, 1998, 2468, 2478, 3149
--Industrial City; create within Murray, Gordon and Whitfield counties _. ..----.....1553, 1654, 2468, 2475, 3300, 3313
--Ordinary's salary --------------.1878, 1998, 2468, 2478, 3149

MUSCOGEE COUNTY

HB 1221

--Ad Valorem taxation for educational purposes; exemption ----------2601, 2789, 2993, 3000, 3674

3986
MUSEUMS HB 388

INDEX --Sales tax; objects of art _------_.--344, 421, 430, 498, 927, 1508

MUSKOGEE-CREEK INDIAN TRIBE HR 323 --Recognize .-._--..-

- 2366

MYERS, DR. T. CECIL --Prayer offered by .,,.._.___-.----.--.-- - 194

N

NAHUNTA, CITY OF

HB 1195

--City Council, Mayor and Aldermen .........._ 2312, 2462, 2612, 2625, 3367

NAIL, W. A. (AT)
HR 87-280 --Designate bridge in Tattnall County ..._.._-- 290, 352, 428, 966, 1778

NAMES HB 158

--Change of name; minors; parent's consent ----------------- 167, 208, 487, 1446, 2359

NARCOTICS (See Drugs, Named Subject)

HB 377 HB 418 HB 386
SB 381
HB 599
HB 1064 HR 99
SB 14

--Bail bond for criminal offenders ___.........342, 420, 640, 1132, 3360, 3383
--Contraband vehicles; confiscation --.----.406, 479, 1200, 1611 --Division of Investigation; employment of
drug agents ------------------__-...344, 421, 642, 759, 2041 --Drug addicts; ordinary's duty to deliver to
emergency receiving facilities ----------2643, 2781, 2795 --Georgia Drug Abuse Control Act; condemnation
of merchandise ----......--.-..----... --------..--..554, 637, 2005 --Hypodermic syringes; sales regulations --.-- 1736, 1882, 2464 --Illegal Use of Dangerous Drugs in the High Schools and
Elementary Schools Study Committee; create --------.278 --Marijuana; penalty for possession ... _....494, 495, 571, 1760,
3016, 3088, 3262, 3266, 3290, 3300, 3332, 3376

SB 265 HB 417 SB 251 HB 983 HB 558 HB 598

INDEX

3987

--Marijuana; penalty for possession ______ .1562, 1574, 1654, 2467, 3121, 3375
--Maximum punishment for certain offenses ,,------._..406, 479 --Rewards for arrest and conviction of drug sellers;
increase reward ...____._.____,,,,_--.2042, 2096, 2191, 2800, 3117 --Students; confidentiality of statements ..........__._.1652, 1652,
2196, 2658 --Uniform Narcotic Drug Laws; confiscation of
contraband vehicles ..._.__,,_..._.......______._,,._-..... 545, 630, 1482 --Uniform Narcotic Drug Laws; confiscation of
contraband vehicles __________...-....-....._____,,.__,,_.....554, 637, 2005

NASHVILLE, CITY OF

HB 1051

--Mayor and aldermen;, salaries .....___.-1734, 1880, 2199, 2202, 3013, 3268

NATIONAL GUARD, GEORGIA

HR 243 HB 441 HB 376

--Commend .....-------.----.-------_.._.._.........__.__ 1496, 1669 --Free license plates _._.__.........___.----..410, 483, 796, 1230, 1777 --Income tax; exemptions .___---.-------------------.--341, 419

NATURAL RESOURCES, BOARD OF

SB 229 HB 268

--Georgia Health Code; sworn affidavits relating to violations ....--____--------___....1572, 1574, 1653, 2799
--Natural Resources Act of 1973; provide for .___.______...........-..._.__-._-......287, 349, 641, 749, 1391

NATURAL RESOURCES, DEPARTMENT OF

HB 1018 HB 799 HB 892 HB 1008 HB 1010 HB 248 HB 249
HB 1070

--Board of Natural Resources; State Game and

Fish Commission ............1640, 1753, 2321, 2503, 3302, 3526

--Conservation rangers ......._...._,,.._. 916, 1015, 1315, 1860, 3373

--Conservation rangers; appointment ------------.1187, 1312

--Division of Environmental Protection; Air Quality

Control ....................__.._.. 1637, 1751, 2320, 2696, 3300, 3524

--Division of Environmental Protection; Air Quality

Control; evidence in private actions 1637, 1751, 2005, 2450

--Division of Environmental Protection; Economic

Analysis Section .._____.__............_ 245, 310, 574, 777, 800, 800

--Division of Environmental Protection; Economic

Analysis Section; water or sewage treatment

systems ----------------------245, 310, 574, 800, 924, 1242

--Division of Environmental Protection; Erosion and

Sedimentation Act of 1973 .

. -1738, 1883

3988 HB 811
HB 1009
HB 778 HB 188 HB 189 HB 596 SB 132 SB 156 HB 444 HB 605 HB 74 HB 919 HB 62
SB 257 HB 371 HB 735 HB 96 HB 986 HB 397 HB 1060 HB 594

INDEX

--Division of Environmental Protection; Solid Waste Management Act ...---_.____..______________918, 1017, 2320, 2873,

3291,3312 --Division of Environmental Protection; Water Quality
Control Act; waste permits ___._-_--..1637, 1751, 2320, 2695, 3301, 3525
--Game and Fish Division; big game hunters; protective clothing __--.._.___-_----_-___________912, 1011, 1895
--Game and Fish Division; catch out ponds; trout stamps ._..._._._____-__..___198, 251, 1315, 1471, 1515, 2637
--Game and Fish Division; commercial fish hatchery; define ___.-.-_____198, 251, 1315, 1471, 1528, 2637
--Game and Fish Division; commercially raised freshwater trout __..---_.___.--_--------553, 636, 1200
--Game and Fish Division; confiscation of illegal devices ___.____._.._____.___.- ...___.1106, 1110, 1197, 1895, 3068
--Game and Fish Division; deer hunting; safety precautions .________.. 2235, 2239, 2318, 2801, 3199, 3342, 3377
--Game and Fish Division; Georgia Animal Importation Act __-.-_...__ 411, 483, 578, 1315, 2502, 3676

--Game and Fish Division; honorary fishing licenses, disabled veterans .__......._ 555, 638, 1021, 1289, 2359

--Game and Fish Division; liability insurance before purchase of hunting or fishing license -_..--_.-.115, 147

--Game and Fish Division; shrimp; count per pound 1370, 1478

--Game and Fish Division; shrimp

used for bait .--.... ..,,-.-..... .113, 145, 259, 323

--Game and Fish Division; subcommittee report on

House Bills 1402 and 1403 __._._.

__._.._.__ 3694

--Georgia Historical Commission; functions transferred ._......_._.._______.__.___.._._..__________________1670, 1672, 1758

--Georgia Historical Commission; functions transferred ..._.__________.___..__._._______..._.__340, 418, 704, 875, 2040

--Groundwater Use Act of 1972; amend ............789, 861, 2006 2251, 3291, 3297

--Rezoning; review of applications --.~_._-___. _. ....._._._.127, 175

--State Park facilities; honorary permits __...._.__ 1552, 1652

--Water Recreation Act of 1973; enact _____ 345, 422, 1021, 1921, 2034, 2886, 3676

--Water Supply Quality Control; certificates .-_.----.-_...__.____.,, 1736, 1881, 2320, 2695, 3372

--Wild Flower Preservation Act of 1973; enact ........._____________________.... 552, 636, 1560, 1821, 3012, 3051

NATURE PRESERVES
HR 34-113 --Tax assessment of property; amendment to the Constitution --......--__,,_______--._.____,,._._______--.131, 179

INDEX

3989

NEWNAN, CITY OP

HB 1088 HB 1231
HB 1090
HB 1232

--Mayor and aldermen; terms of office ----------1741, 1886 --Mayor and aldermen; terms of office ..__... 2603, 2791, 2994,
3003, 3675 --Water, sewerage and electrical distribution
systems _------..--.-_-..-.._---.-.-_______--._--__----.------1741, 1886 --Water, sewerage and electrical distribution
systems _----------................_____.2603, 2791, 2994, 2997, 3675

NEWS MEDIA HR 414
HB 534

--Commend personnel who covered 1973 General Assembly ----.---.--.--------------.-------_-_-----.----------.3660
--Newsmen not required to divulge source of information --_----.._.....--------------------...----..........477, 569

NEWSPAPERS

HB 534

--Newsmen not required to divulge sources of information --_------_----....._____.------------------------477, 569

NEWTON COUNTY

HB 296 HB 705

--Business license fees; levy ....._..._......... 294, 355, 487, 492, 926 --Public Defender's salary ------......690, 794, 1022, 1028, 1777

NIX, DR. JACK P. HR 411 --Commend .. ....------------_----.._._.._._._ -------------------------- 3658

NIXON, HONORABLE RICHARD M.

HR 123 HR 246

--Commend ..

................454

--Commend .....------.......---------------....._.------------------ 1498

NO-FAULT DIVORCE HB 456 --Total divorce; additional grounds ... 461, 557, 1201, 1864, 2636

NO-FAULT INSURANCE

HB 78

--Georgia Motor Vehicle Accident Reparations Act ..--------............-----.116, 147, 1482, 2381
--No-fault Insurance Study Committee report - -------------3721

3990
NOISE HB 451

INDEX --Ambient noise control; Georgia Health Code --.413, 484, 2465

NON-RESIDENTS

HB 1101 HB 846 HB 752
SR 78

--Income tax; definitions -------------------_----1743, 1888 --Motor vehicle license plates; requirements ....1006, 1193, 2195 --Motor vehicles; licensure and
registration ----------------------855, 921, 1657, 2588, 3373 --Motor vehicles; reciprocal agreements with
other states .._._......__.-.....------_--------.. 2679, 2783, 2797

NONPROFIT COOPERATIVE ASSOCIATIONS

SB 353

--Cooperative Marketing Act; fisheries products .......-...--------.,,----.--2236, 2239, 2318, 3134, 3472

NORTH FULTON COUNTY HB 1007 --Transfer of property ......._.-..._...__.-._.-..-....._-------1636, 1751

NORTH GEORGIA MOUNTAINS AUTHORITY SB 230 --Membership; bylaws --------------2490, 2545, 2607, 2801, 3034

NORTHWEST GEORGIA REGIONAL HOSPITAL HR 333 --Relative to ___.____.-..._..._.._..----.------------_.__............--.......2759

NOTICE AND HEARING FOR PROVISIONAL REMEDIES ACT HB 646 --Enact __..______.--____-------------------.......621, 696, 2467

NUNN, SENATOR SAM

HR 192 HR 175

--Address by -.____----------.------..._.._.-....-.............................1924 --Commend _------.----------------------....._._------------__.. .....806 --Joint session to hear address by -----------799, 1924

NURSES HB 816

--Midwifery; rules and regulations ----------------1000, 1189

SB 309 HB 168

INDEX

3991

--Nurse anesthetists; professional and educational standards _._._._........ 2490, 2545, 2608, 2799, 3199

--Public school nurses; Teachers' Retirement

System _________

.__.._. 170, 211, 574, 1160

NURSING HOMES

HB 504 SB 19 SB 15 HB 41 SB 16

--Certificate of Need; standards _,,___..________471, 565, 1481, 2592, 2718, 2856
--Georgia Health Care Facility Fire Safety Act; enact __,,__,,._,,____________________ 1327, 1329, 1374, 2193
--Georgia Safety Fire Commissioner; building specifications ____-_______.____.__._.-_-_-__-_____________.__________927, 928, 1017
--Georgia State Board of Nursing Homes; education programs for administrators _______ 107, 140, 486, 1264, 2042
--Long-Term Health Care Facility Reviewing Council; create ________ 1512, 1514, 1558, 2193, 3036, 3291, 3384, 3473, 3483

o

OAKWOOD, CITY OF

SB 263

--Streets; minimum width of driving surface _______ 1390, 1394, 1480, 3349, 3357

OBSCENITY SB 87 HB 617 HB 191

--Abusive or obscene language; breach of the peace ______________________________ _____ __........________928, 930, 1018, 3134

--Establish standards to determine harmful materials to minors _________________________________ 615, 692, 704, 1615

--Motion picture theatres; display of obscene

scenes

. ..

_ 198, 251, 703, 1245, 3380, 3541

OCCUPATIONAL SAFETY AND HEALTH

HB 259

--Georgia Occupational Safety and Health Act of 1973 ..... ____________ __________________ 247, 312, 1020, 1384

OCILLA, CITY OF

HB 1123 HB 1124

--Corporate limits ________________________ 1748, 1891, 2322, 2352, 3147 --Election of officers .._..__._________ 1748, 1891, 2322, 2352, 3148

3992

INDEX

OCONEE COUNTY

SR 112

--Board of Commissioners; regulate pedestrian and vehicular traffic; amendment to the Constitution __..__................_..____..1777, 1782, 1892, 2802, 2840

OFF-ROAD VEHICLE ACT OF 1973 HB 269 --Provided for _______.___.._.._.._ ........._...._._....._._..... .......... 287, 349

OFFENDER REHABILITATION, DEPARTMENT OF

HB 553
SB 226 HB 1201 HB 904 HB 411 HB 449 SB 142 SB 209

--Children and Youth Act; penalty provisions relating to certain youthful offenders __.___. 544, 629, 721, 1656, 2166, 3380, 3572
--Crime of murder or rape; eligible for parole only after serving 20 years ___._________-____._._.___.______..1513, 1515, 1559
--Felons; incarceration expenses _______________________________.2313, 2463 --Felons under the age of 17; Department of Family
and Children Services ._..___-___ _..........1305, 1373, 2193 --Georgia Correctional Industries Administration;
membership ___.___.___..._... __.._....._.....348, 424, 797, 1161, 2234 --Jury duty; exemptions .___._____-.__-.-.............._.__.__________-__-.412, 484 --State-owned vehicles; protection from liability for
damages ......._...._______.___-___.____....1780, 1782, 1892, 2465, 3059 --Transfer of prisoners to State institutions within
30 days after conviction 1912, 1915, 2000, 2801, 3588, 3681

OFFICE OF PLANNING AND BUDGET

HB 439
HB 467 SB 272
SB 366

--Counties and municipalities; minimum standards _____._.___.____.__-.______410, 482, 1317, 1619, 1674, 2946
--Critical Areas Act of 1973; enact ____.__________.______________.413, 485 --Expenses; reimbursement to employees .................1670, 1672,
1758, 2991 --State employees; travel expenses _______________.2642, 2780, 2794,
2992, 3256

OLIVER, MR. AND. MRS. HUGH HR 308 --Commend ___.__._._...__._.......--............_..__.._.___...__._____.___.._..........2107

OMNI INTERNATIONAL, INC.

SR 119

--State Properties Control Commission; lease ______________________________ 2517, 2547, 2609, 2801, 3343, 3409

INDEX

3993

OPEN SPACE LANDS ASSESSMENT ACT

HB 106

--Farm, forest and other open space lands; methods of assessment ----.------.._-------__________130, 178

OPTOMETRISTS

HB 699 HR 227

--Educational requirements for license ----------689, 793, 1655 --Insurance companies urged to offer full
coverage ..____. - - .----------.----1148, 2004, 2869

ORDINARIES SB 381 HB 274 HB 862 HB 863 HB 250 SB 380 SB 332
HB 70 HB 69 HB 438

--Alcoholics and drug addicts; emergency

receiving facilities .--------...--------------2643, 2781, 2795

--Courts of Ordinary; traffic cases; use of funds for

law libraries ......

288, 350, 428, 519, 2043, 2122

--Guardians; appointment of a

successor ..

1181, 1307, 1629, 1658, 1853, 3676

--Guardians; appointment of a successor ----1182, 1307, 1658,

1855, 3676

--Law libraries; fees ----------------------.---------245, 310

--Mental illness; emergency receiving

facilities ----.------------.-------- ----------2643, 2781, 2795

--Minors and insane persons; responsibility as

custodian for funeral and burial expenses __..... 2358, 2361,

2463, 2799, 3259

--Newspapers; preservation of advertisements ........114, 146,

259, 322

--Photostatic and photographic equipment;

use of .------------------------....--------- 114, 146, 259, 320

--Primary and election results; public

announcement

......

.-- 410, 482, 1485, 1708

ORE
HR 259-983 --Aluminum; appropriations for commercial production; amendment to the Constitution .....................1552, 1652

OSTEOPATHS HB 699 --Education requirements for license .._.._.._.......... 689, 793, 1655

OWENS, HONORABLE HOYT HR 215 --Commend --------------------..._............__.__..._..._...._....__.......... 1138

3994

INDEX

P
PALMETTO, CITY OF
HR 136-504 --Ad valorem tax; homestead exemption; amendment to the Constitution --___----------471, 565
HB 114 --Charter; repeal _-----_----_ ----- -- - - 132, 179 HB 224 --Charter; repeal ------------------_------------240, 306

PARDONS AND PAROLES, STATE BOARD OF
(See Probation, Prisons and Prisoners)

SB 326 --Aged and disabled inmates; eligibility for

parole ,,--.---------- 2636, 2779, 2794

HR 64-202 --Aircraft hijacking; prohibitions; amendment to the

Constitution _........_._....________._..__.._.... .._....... -------- 201, 254

HR 68-202 --Armed robbery; parole prohibitions; amendment to the

Constitution ----------------------__--_--------_-- 202, 254

HR 26-98 --Citizenship immunities as a result of conviction

of a crime; restoration; amendment to the

Constitution ___--,,_.._------_------------------127, 175

SB 226 --Crime of murder or rape; eligible for parole only

after serving 20 years ----------------------1513, 1515, 1559

HB 728 --Eligibility for parole; rules and regulations _----------787, 860

HR 66-202 --Kidnapping; parole prohibitions; amendment to the

Constitution ____________________-------- _--_____-- --

202, 254

HR 32-98 --Life imprisonment for crime of murder; parole

prohibited; amendment to the Constitution --------128, 176

HR 82-280 --Life imprisonment sentences; parole prohibitions;

amendment to the Constitution

_ . 289, 351

HR 90-280 --Life imprisonment sentences; parole prohibitions;

amendment to the Constitution -------------- ._.._..__ 291, 352

HB 337 --Membership _.....-------------------------- 302, 361, 487, 592, 2040

SB 275 --Membership ______________________ _-1670, 1672, 1759, 2005, 3027, 3280

HR 88-280 --Murder or rape; parole prohibitions; amendment

to the Constitution _______ ________ _________________ 290, 352

HR 89-280 --Perjury; parole prohibitions; amendment to the

Constitution ___ _____________________------_------_ 291, 352

HR 207-855 --Powers; amendment to the Constitution _____________ 1007, 1195

SB 325 --Powers and duties ....................... 2359, 2360, 2463, 2991, 3302

HB 90 --Powers and duties; change certain provisions _

125, 174

HR 67-202 --Rape; parole prohibitions; amendment to the Constitution ------_------.------------------------------ 202, 254

HB 236

--Second or subsequent offenses; eligibility for parole ___________________________________________________________ _______ 242, 308

HR 65-202 --Sodomy; parole prohibitions; amendment to the

Constitution

.._ _ ______________ ------------. 201, 254

SB 166

--State elective or appointive officials; compensation for appearing before board ..----______ 2234, 2238, 2317, 2992

INDEX

3995

PARENT AND CHILD

SB 237
SB 48 HB 158 SB 173 HB 375 SB 176 HB 506

--Adoption; parent's failure to provide support in

excess of 24 months considered abandonment and

consent to adoption not required .

_..._ 1913, 1916, 2000

--Bastardy proceedings; abandonment . ._

927, 929, 1017,

2799, 3305

--Change of name; minors; parent's

consent ________....___ ____._______._..____........____167, 208, 487, 1446, 2359

--Child Support Recovery Act; enact -__-,,. 1670, 1671, 1758,

2193, 3063

--Cruel treatment of children; reports by school

system employees __.__...__. 341, 419, 1020, 1248, 2041

--Cruel treatment of children; reports by school

system employees ___________________________._._._______.____1225, 1227, 1312

--Juvenile Court Code; voluntary consent of parent

to adoption of child .___.__._...__._._.___._.._._._.....471, 565, 703, 1168

PARKING
HR 140-535 --General Assembly; parking spaces for members ________..__.-__..._.._____.477, 570, 1560, 1698, 2638, 3280
HR 112-430 --Public parking areas and public parking buildings; revenue anticipation obligations; amendment to the Constitution _________________________________________ 409, 481, 2597

PARKS, STATE

HR 318-1197--General Coffee State Park; convey

property ._...._.___.........__.. ___________ 2312, 2462, 2468, 2653, 3370

HB 986 --Honorary permits ...___.._...____.__.____............__._____

1552, 1652

HB 755 --Jekyll Island-State Park Authority; amend

by-laws ____________________________________________________ __ ______ 856, 921

HB 555 --Jekyll Island-State Park Authority; membership _..___. 544, 630

HR 295-1152--Pataula Creek State Park; rename "George T.

Bagby State Park" 1880, 1999, 2006, 2447, 3150, 3309

--Recreational Facilities subcommittee report

3730

PARTNERSHIP HB 14 --Uniform Limited Partnership Act; trade

60, 79, 118, 495

PATTERN JURY INSTRUCTIONS SR 46 --Study Committee; create

...... 1391, 1392, 1479, 1761

PATTERSON, CITY OF HB 1161 --Mayor's Court; change name _ 1993, 2188, 2469, 2482, 3673

3996

INDEX

PAULDING COUNTY

HB 796 HB 797
HB 798

--Fire prevention districts _______________ 916, 1014, 1486, 1491, 3144 --Office of Commissioner; carry out 1972 Constitutional
Amendment ______..__.__..__ 916, 1015, 1486, 1491, 3144 --Recorder's Court; jurisdiction _______ 916, 1015, I486, 1491, 3144

PAULK, HONORABLE DAVID LEE HR 166 --Commend __._.._______________,,._._____________,,__-______________-_ __________________ 586

PEACE OFFICERS (See Law Enforcement Officers, Police)

HB 204 HB 1162 HB 954 HB 400 HB 579 HB 358 HB 395
HB 647 HB 981 HB 308 HB 307 HB 23 HB 404

--Arrest identification records; return to person if

acquitted

_

,,_ _

_

202, 255

--Arrest powers outside boundaries

.

1993, 2188

--Coroners' inquests; witness fees __________________________ 1546, 1647

--Criminal proceedings; not compelled to divulge

home address ______.._,,___,, 346, 423, 641, 958, 3011

--Georgia Crime Information Center;

establish --_____.__.____----___.__________549, 634, 1483, 2112, 3372

--Georgia Peace Officers' Standards and Training

Act; minimum age ---_..___-.. 338, 416, 642, 823, 2040

--Georgia Peace Officers' Standards and Training

Council; establish _______ 345, 422, 798, 1471, 1629, 1694, 2197,

2925, 3018, 3018

--Georgia Peace Officer Standards and Training

Council; functions ______,,- _________________ 621, 697

--Motor vehicles; penalty for fleeing or attempting to

elude officers _.._..____________,,__.._______._...____________ 1551, 1651, 2320

--Peace Officers' Annuity and Benefit Fund;

eligibility ......... 249, 313, 574, 774, 2040

--Peace Officers' Annuity and Benefit Fund;

increase benefits ._______________.,,_____________ 249, 313, 574, 763, 2040

--Peace Officers' Annuity and Benefit Fund; notice

for disability benefits ___________ 62, 80, 1895, 2156, 3150, 3203

--Radio transmission interception; penalty for

misuse .

_..___._ ----- 346, 423, 641

PEACE WARRANTS

SB 38

--Peace Warrants and Behavior Bonds; repeal Code Title _,_________.__.-.-____1779, 1781, 1891, 2196, 3197, 3381

PEACHTREE CITY

HB 94

--Corporate limits, extend; councilmen's terms .__________-. _.______--____._______126, 175, 1375, 1376, 2644, 2663

HB 535

INDEX

3997

--Water, Sewerage and Recreational Authority; create .__.___.___.______......-.._...._.477, 570, 1762, 1764, 2642, 2664

PEARCE, HONORABLE CLINTON C. HR 394 --Express sympathy for passing of .--......--......._......_.,,..._... 3646

PEARSON, CITY OF HB 1020 --Provide new charter ___..._.__..............1640, 1753, 2008, 2016, 2640

PEEPLES, RICHARD AND RUTH H. HR 261-1012--Compensate _______ .__..____1____.___._._._. 1553, 1654, 2002, 2243, 3157

PENAL INSTITUTIONS OF THE STATE SUBCOMMITTEE --Committee Report __.,,,,,,.,,_,,.,,-,, 3724

PENDLEY, STEPHEN E. HR 16-58 --Compensate __..__,,....._..________.,,......_____.. Ill, 143, 2002, 2240, 3158

PERJURY
HR 89-290 --Parole prohibitions; amendment to the Constitution ,,..,,..-

291, 352

PERKINS, MARVIN L. HR 146-568 --Compensate ..,,..._.._.___.._..........__..._..... 547, 632, 2003, 2249, 3157

PERKINS, LIEUTENANT AND MRS. WILLIAM E., Ill

HR 349 --Congratulate ._...._..

......._._.._._...__.._............_.2772

PERRY, CITY OF
HR 171-642 --Ad valorem tax; homestead exemption; amendment to the Constitution __,,_,,_____,,_--______.__-____. 620, 696, 1317, 1333, 3677
HB 222 --Mayor and councilmen; election .__.... 240, 306, 487, 491, 1385 HB 221 --Mayor and councilmen; qualifying fees .._.._.__ 240, 306, 487,
490, 1385 HB 1050 --Telephone Authority .....__.__.,,...._ 1734, 1880, 2321, 2348, 3146 HB 252 --Woodland; taxation ......._..__.-_...___.___ 246, 311, 573, 576, 1568

3998

INDEX

PERSONNEL BOARD, STATE

HB 55 HB 39 HB 325 HB 426

--Employees; Health insurance plan; State's contribution ___,,._..........._.______.............. 110, 143, 258, 316, 871
--Health insurance Plan; public school teachers _________._______.______-_._.._._107, 140, 258, 387, 2644, 2736
--Merit System Compensation Plan; longevity steps ___-__________.____._______._____-__.__________________._________.299, 359, 1510
--Minimum compensation for all State employees ----. 408, 480

PETERS, HONORABLE ROBERT G. HR 352 --Congratulate ___-._-......._.___.___._....._...____-__-_.-._..._.___.._-.......__.__.2774

PETROLEUM PRODUCTS (See Gasoline, Motor Fuel)

HR 335 HB 67
HB 136 SB 73
HB 163
HR 287
HB 914

--Energy Crisis Study Committee; create ..._....._....... __.... 2761 --Gasoline Franchise Practices Act; distributors
or dealers _______-________.____._-____-_.-114, 146, 1021, 1439, 2644, 2737 --Georgia Petroleum Products Marketing Act; enact 137, 184 --Inspection and sale; civil penalties for
violations ____________..________.________________.927, 929, 1018, 1482, 3277 --Motor Fuel Tax Law; liquid petrolum products
other than gasoline ___.-...._____.__..........169, 210, 430, 663, 1327 --Petroleum Products Safety Study Committee;
create .-...-__._______..-...__..______-....-.__________-__-_......-.._-______._...._.1692 --Petroleum tank farms; safety standards _...._.... ... 1369, 1477

PHARMACISTS

HB 156

--Certificates of registration; educational requirements _........___._.___........___.____.__-.__..._.. 166, 208, 486, 608

PHILLIPS, HONORABLE DAVID HR 410 --Commend ..__.__.__..-...-___-___-----,__.._____-___.___-..__..-........._......_.3657

PHILLIPS, HONORABLE L. L. "PETE" HR 424 --Wishing speedy recovery .........__.___................_.....______..._.._..... 3667

PHYSICIANS
HB 699 HR 227

--Educational requirements for license ___.__.____._._ 689, 793, 1655 --Insurance companies urged to offer full
coverage .-....-.._-__.__.___-...-........_.__.__.-.._...__-_.__-1148, 2004, 2869

HB 951 SB 387
HB 650

INDEX

3999

--License to practice available to certain aliens 1545, 1647, 2799 --Practice of medicine; define certain terms ___________ 2637, 2781,
2795, 2799, 3680 --State Board of Medical Examiners; aliens'
eligibility for license __..._...._........ 622, 697, 1314, 1625, 3677

PIERCE COUNTY

HB 996

--State Court; judge and solicitor .___......_._...._.. 1635, 1749, 2008, 2014, 2640

PIKE COUNTY

HB 1081 HB 1080

--Board of Commissioners; Chairman's salary ____.....______..__..__:___________________ 1740, 1884, 2322, 2351, 3147
--Tax Commissioner's salary .... 1739, 1884, 2322, 2350, 3147

PINEVIEW, TOWN OP HB 685 --Public streets _________________________ .....686, 791, 1202, 1211, 1777

PINEY BLUFF BRIDGE
HR 54-161 --Rename the "Joseph Simmons Alexander, Sr." Memorial Bridge ________._____....______________168, 210, 428, 496, 1226

PIRTLE, DR. JON A. --Prayer offered by __________._.___._.______________...._________....__.________...... 460

PISTOLS SB 88 HB 458 SB 175
HB 473
HB 683
HB 692
SB 372

--Blank cartridges; amend Criminal Code ...____ 2642, 2777, 2792

--Concealed weapons; change description _____________________ 461, 557

--Criminal Code; criminal possession of

firearms ________.....___________._...._.________________..-_______ 2635, 2779, 2793

--Criminal Code; penalty for carrying pistol

without license __...-- ._____.----___---._-_ 463, 559

--Firearms; possession while attempting to

commit a felony ....__.____.___................_.____________ 686, 791, 1201

--Firearms; possession while attempting to commit

a felony .......

687, 792

--Georgia Firearms and Weapons Act;

amend ....___._________._..._........._.__----_--2492, 2547, 2609, 3133

4000 SB 385 HR 151 SB 371

INDEX
--Georgia Firearms and Weapons Act; mutilation of serial numbers _________.______________.________.____.___.2643, 2781, 2795
--Licenses; review and make more strict criteria governing issuance ______--___-__._--______.___._______.517, 1761, 2442
--National Firearms Act; amend Criminal Code .............2492, 2546, 2609, 2802

PLANNING AND BUDGET, OFFICE OF

HB 439
HB 467 SB 272
SB 366

--Counties and municipalities; minimum standards __....__.__-.....______...._._..410, 482, 1317, 1619, 1674, 2946
--Critical Areas Act of 1973; enact __...-__._.._...____......_.._.413, 485
--Expenses; reimbursement to employees ..... ......_.. 1670, 1672, 1758, 2991
--State employees; travel expenses _........_..... 2642, 2780, 2794, 2992, 3256

PLANNING COMMISSIONS

SB 227 HB 747 HB 326 HB 1093 HB 319 HB 320 HB 96

--Area Planning and Development Commissions; contracts ._____....__.____...._____-.....____-.......____-.....1780, 1782, 1892
--Area Planning and Development Commissions; development guides ,,,,-__,, 854, 920, 1317
--Metropolitan Area Planning and Development Com mission; redistrict .__.-.....-_.__._....-___..__......299, 359, 429, 3371
--Metropolitan River Protection Act; enact ._________...________._._.______._.1742, 1886, 2195, 2529, 3571, 3574
--Multi-county planning commissions ........_......--.298, 358, 798, 2072, 2230
--Planning and zoning; municipal powers __......... 298, 358, 798
--Rezoning; State departments and Boards of education; review of applications -......_._.............. 127, 175

PLANT LIFE HB 594

--Wild Flower Preservation Act of 1973; enact _..._._____-___._..__.___._..._____.552, 636, 1560, 1821, 3012, 3051

PODIATRISTS

SB 305 HB 699 HB 304

--Change definition .....____...-_..__......_..__.....1913, 1917, 2001, 2975 --Education requirements for license .....,,____._....__ 689, 793, 1655 --Insurance contracts to provide comprehensive
health care ...____......_____..................1780, 1783, 1893, 2464, 2973

INDEX

4001

POEM, STATE HR 55-161 --"The New Frontier"; adopt new State poem .._......_. 168, 210

POLICE (See Law Enforcement Officers, Peace Officers)

HB 204 HB 1162 HB 954 HB 400 HB 579 HB 358 HB 395
HB 647 HB 981 HB 23 HB 404

--Arrest identification records; return to person if acquitted ..--.....__....--_.._-___...-__._.-_...._...____.___.._..._____.202, 255
--Arrest powers outside boundaries _...____.___._._.______.____1993, 2188 --Coroners' inquests; witness fees --_----.._--______...___--.. 1546, 1647 --Criminal proceedings; not compelled to divulge
home address -_--.-.-_......-.__...-_-...-___-_.346, 423, 641, 958, 3011 --Georgia Crime Information Center;
establish ...__._.______.._..._._._____..__._____549, 634, 1483, 2112, 3372 --Georgia Peace Officers' Standards and Training
Act; minimum age ..---....--..--....338, 416, 642, 823, 2040 --Georgia Peace Officers' Standards and Training
Council; establish __ ........345, 422, 798, 1471, 1629, 1694, 2197, 2925, 3018, 3018
--Georgia Peace Officer Standards and Training Council; functions ,,...______..--......,,,,___._..___-.__,,...___....621, 697
--Motor vehicles; penalty for fleeing or attempting to elude officers .....__-.........-._..............__....____1551, 1651, 2320
--Peace Officers' Annuity and Benefit Fund; notice for disability benefits ......_..._62, 80, 1895, 2156, 3150, 3203
--Radio transmission interception; penalty for misuse .._....._......... .................. ........ ... ..346, 423, 641

POLK COUNTY

HR 322

--Hairdressers Association, Affiliate No. 44; commend --_. .___....._._.....___... .____--.-_.,,...___-,,..__.--._,,.-._._--.....2365

POLK, HONORABLE STEVE HR 193 --Commend _.....____.....__..._._....._.___-........____...._...._....___.....__.....___._:.807

POLL TAX
HR 240-942 --Levy not to exceed $1.00 annually; amendment to the Constitution .....__.....__........__....._......_-....._....-.....1476( 1557

POLLUTION (See Air Pollution Named Subject, Water & Water Pollution)

HB 1010

--Air Quality Control; evidence in private actions -_....._...__......-_...-_......_._.__.......1637, 1751, 2005, 2450

4002

INDEX

HB 1008 --Air Quality Control; permits .-...__._.. 1637, 1751, 2320, 2696,

3300, 3524

HB 735 --Groundwater Use Act of 1972;

amend ....._____....____-__....__.....__789, 861, 2006, 2251, 3291, 3297

HB 985 --Groundwater Use Act of 1972; Georgia Water

Management Control Board ___-..._______._.....__..._._.._..1552, 1652

HB 1093 --Metropolitan River Protection Act;

enact ______.______,,__._____________._.. 1742, 1886, 2195, 2529, 3571, 3574

HB 451 --Noise; ambient noise control; Georgia Health

Code ,,-_--_.---_---

413, 484, 2465

HR 135-503 --Rivers and flowing streams; protection; amendment

to the Constitution __...,,-,,--.- 470, 565, 704

HB 248 --Water; Division of Environmental Protection;

Economic Analysis Section .____.__-_..._.__.._...245, 310, 574, 777,

800, 800

HB 249 --Water; Division of Environmental Protection;

Economic Analysis Section; Water or sewage

treatment systems ...____..,,.._____ 245, 310, 574, 800, 924, 1242

HB 1070 --Water; Erosion and Sedimentation Act of 1973 .__.1738, 1883

HB 756 --Water; Georgia Wild and Scenic Rivers System _.___. 856, 921

HB 450 --Water; Health and Sanitation Standards for Individual

Water Supply Systems; Georgia Health Code --_--.412, 484

HB 1009 --Water Quality Control Act; waste permits ___________1637, 1751,

2320, 2695, 3301, 3525

HB 815 --Water; Soil and water conservation

districts ________________.____._____.999, 1189, 1483, 1824, 3008, 3063

HB 1060 --Water Supply Quality Control; certificates ...____.1736, 1881,

2320, 2695, 3372

POOLER, TOWN OP HB 1035 --Corporate limits ......____..__._....._____.1643, 1756, 2321, 2326, 3146

PORNOGRAPHY

HB 617 HB 191

--Minors; establish standards to determine harmful materials ______-________._,,__.______________...._..__615, 692, 704, 1615
--Motion picture theatres; display of obscene scenes ___._____.____.______..___--_____198, 251, 703, 1245, 3880, 3541

PORTERDALE, CITY OF HB 503 --Mayor and Councilmen; salaries _._...470, 564, 705, 708, 1387

PORTS SB 285

--Department of Transportation; financial support ,,-...,,._-...._,,.--..-..,,._.-_--1391, 1394, 1481, 1894, 2767

SB 72 SB 336
HR 288 HB 921 HB 1015

INDEX

4003

--Georgia Ports Authority; membership ..----....715, 717, 795, 2196, 2967, 3014, 3376
--Georgia Ports Authority; State Properties Control Commission ____........_._.2360, 2361, 2464, 2468, 3194, 3348, 3378
--Preference prohibitions; urge Federal government to follow ........--.........------....-.--...-....-.--........--...-1693
--State Ports Authority; Marshlands Protection Act; convey certain property ________..--1370, 1478, 1659, 2045
--State Ports Authority; Membership ..------_____.... ..._1639, 1753

POST MORTEM EXAMINATION ACT, GEORGIA

HB 954 HB 562
HB 372

--Corners' inquests; witness fees for peace officers 1546, 1647 --Coroners; Medical Examiners; duties and
powers ---.---------------------------- 545, 631, 1314 --Medical Examiners; fees ..--------------.---- 341, 418, 486, 675

POULTRY

--Poultry Matters subcommittee report ----___--------------.3725

POWELL, HONORABLE JOE

HR 189 --Commend

.............................. . ... 803

POWELL, HONORABLE LOUIS AUGUSTUS HR 160 --Commend .----------.---------- ...................... .--------582

POWELL, SARA A. L. HR 78-262 --Compensate .._......__.._. ----------..---- 248, 313, 2003, 2245, 3158

PRACTICE AND PROCEDURE (See Courts)

HB 131 HB 822 SR 13 HB 947

--Appeals; interlocutory appeals upon petition ..------.135, 182, 766, 1113
--Capital felonies; trial on accusation; waiver of indictment _..--.__--------_------___----_----1001, 1190, 2194
--Civil and criminal cases; jury panels; amendment to the Constitution --.--------..--------1107, 1108, 1196, 2800
--Civil and criminal cases; notice of appeal; concise statements _------__--------.----1544, 1646, 1761, 2589, 3678

4004

INDEX

HR 37-135 --Civil and noncapital criminal cases; juries; amendment to the Constitution _____________________________ 136, 183
HB 129 --Civil cases; consolidation of actions involving common question of law or fact __----_------_--,,_________________ 135, 181
HB 33 --Civil cases; consolidation; separate trials ________________ 106, 139,
365, 446 SB 39 --Civil cases; trial proceedings _____^414, 431, 486, 2800, 3540 HB 7 --Continuances for members of General
Assembly ___._-__.__-____________.-__._.___59, 77, 120, 153, 650, 650 HB 126 --Crimes punishable by death; accused rights to be
heard by grand jury ___________________________________ 134, 181, 531 HB 133 --Criminal cases; discovery and inspection of
documents ______-__--__________._-_-_______..____._________..__,, 135, 182 HB 127 --Criminal cases; judge shall fix and impose
sentence ________________,,_____.__________,,__ 134, 181, 258, 573 SB 32 --Criminal cases; motion for discovery and
inspection ________________ 2039, 2095, 2190, 2802, 3110, 3160, 3520, 3679
HB 95 --Criminal cases; State's right to appeal .,_..__.....126, 175, 258, 398, 1570
HB 13 --Criminal cases; unsworn statements ___.60, 78, 640, 880, 2358 HB 134 --Criminal cases; unsworn statements ._--____,,_____..___ 135, 182 HB 419 --Criminal cases; unsworn statement -----._._.____--___...406, 479 SB 25 --Criminal cases; unsworn statements _--____,,_. 927, 929, 1017 HB 132 --Criminal cases; witnesses; immunity from
prosecution __.__________________.____________.__135, 182, 573, 1171 HB 12 --Criminal Code; death penalty 60, 78, 148, 328, 487, 594, 1327 HB 763 --Criminal Code; multiple prosecutions for same
conduct ...._____________._________.______.._______909, 1009, 1761, 2588 HB 640 --'Criminal procedure; demand by accused for
trial .-_._______,,._._____...,,___-_____--______________.__-_____620, 695 SB 45 --Dismissal of suits pending for a period of three
years ________________.__._____-_____-.-._-___-...____._ 369, 375, 426, 2196 HB 28 --Felony cases; sentence review of cases where
death penalty imposed __________________________--._____76, 116 SB 26 --Felony trials; jury panels _____.___..__ 369, 375, 426, 2196, 3113 SB 46 --Georgia Civil Practice Act; dismissal of suits ___ 369, 375, 426 SB 206 --Grand juries; special charges ... 1779, 1782, 1892, 2116, 3248 HB 357 --Habeas corpus petitions; jurisdiction and
venue .______.________....___.___.____-______._-______ 338, 416, 487, 739 HB 886 --Habeas corpus petitions; verifications ___________-_1186, 1311,
1761, 2551 SB 29 --Interlocutory appeals upon petition; Supreme Court
and Court of Appeals _____________ 1105, 1109, 1196, 1482, 3214 HB 125 --Jurors; examination shall be by the judge _____.. __ 134, 181,
797, 1272 HB 130 --Jurors; examination shall be by the judge _______-- 135, 182 HB 44 --Jury commissioners; appointment __----..----------.._. 108, 141 HB 45 --Jury lists; revise annually .---_._._-_--_--_--_--______.._108, 141 HB 47 -^Jury lists; revisions ______________ _______ 108, 141, 314, 400, 1225 HB 465 --Jury panels; number of strikes allowed ....463, 558, 1021, 2918

INDEX

4005

HR 39-135 --Jury selection; Superior Courts; amendment to the Constitution _........__.......__.,,.._._._. ...136, 183, 573
HR 31-98 --Misdemeanor cases; jury of 6 persons; amendment to the Constitution ...._____.__.____._..__.______..__.128, 176, 428, 496
SB 355 --Plea bargaining; provide for _______________ 2636, 2780, 2794, 2991 HB 1027 --Statewide Probation Act; judge may probate pre
determined sentence ---.-..----..----_.___--.....___--.._._ 1641, 1754 HB 1067 --Torts; homicide of husband or father _.- .__._ ...1737, 1882 HB 63 --Torts; homicide of husband or parent; widow may
release wrongdoer .,,.__..____--...____......113, 145, 314, 396, 1225 HB 56 --Torts; motor vehicle collisions; personal injury and
property damage __.._......_........____...._.__110, 143, 259, 393, 1225 HR 42-135 --Venue of all cases; amendment to the Constitution ....137, 183 SR 10 --Venue of all cases as provided by law; amendment to
the Constitution ....__..__..____....___.._......___..____.._____._. 370, 374, 425 HB 425 --Video recording equipment; testimony ........408, 480, 797, 1284

PRESCHOOL EDUCATIONAL FACILITIES

HB 470 HB 421 HB 431

--Compulsory school attendance ....._..._........_.__._..._. 464, 560, 1199 --Establish and maintain ...._.........___.......__......___._...407, 480, 1020 --Pupil-teacher ratio ._..._...__......_..____.....__.........__......__...._..._ 409, 481

PRESIDENTIAL INAUGURATION
HR 57-161 --Designate the Lucy Laney High School Marching Band as official representatives ...._...._................_...._._. 161, 185, 213, 215, 316

PRIMARIES (See Elections, General Election Code, Voting)

HB 231 HB 438 HB 89
HB 143
HB 229

--Municipal Election Code; runoffs ........__....._241, 307, 367, 446 --Ordinaries; election results;
public announcement ..__........___...........___.410, 482, 1475, 1708 --Presidential preference primary;
primary date ___.....____... 125, 174, 259, 379, 3380, 3521, 3545 3570, 3571, 3592, 3630, 3631
--Registered voters entitled to participate in nomination of candidates by each political party ...._.,,..__.__--....___--164, 206
--Unopposed candidates; ballot ...........___...................___..._ 241, 307

PRINTING HB 783

--State departments or agencies; procedures for showing number of copies and appropriate cost ....,,_........ 913, 1012, 1484, 1858

4006

INDEX

PRISONERS OF WAR HR 376 --Commend Georgia's Prisoners of War _............_. ..... ----.-3343

PRISONS AND PRISONERS

SB 326 HR 26-98
HB 79 HB 728 HB 1201 HB 724 HB 411 SB 146
HB 753
HB 842 SB 226

--Aged and disabled inmates; eligibility

for parole ..--------

.

2636, 2779, 2794

--Citizenship immunities as a result of

conviction of a crime; restoration;

amendment to the Constitution ....._..... _............... -- 127, 175

--Detention facilities; minimum

standards -....--.....-.....-116, 147, 429, 511, 924, 1250, 2852

--Eligibility for parole; rules and

regulations ..--....-.....-...--. ----...--_.--------..787, 860

--Felons; incarceration expenses; Department

of Offender Rehabilitation ------..----...------ -.2313, 2463

--Georgia Correctional Industries Administration;

competitive bids -____--_._--_.--..._.---.._._.--_.---._...--787, 859

--Georgia Correctional Industries

Administration; membership --348, 424, 797, 1161, 2234

--Georgia Prison Industries Administration;

State Board of Corrections

services .--_...--...--....--...---1106, 1110, 1198, 2197, 3062

--Georgia Youthful Offender Act;

community rehabilitation

centers -....---------.----.- ... 855, 921, 1656, 1818, 2852

--Georgia Youthful Offender Act;

sentencing; conditional release --..-1005, 1193, 1656, 2588

--Incarceration for murder or rape;

eligible for parole only after

serving 20 years ._--------------.--..

1513, 1515, 1559

SB 144

--Inmates authorized to work at paid employment; disbursement of funds .------.----...-------1106, 1110, 1197, 2197, 3061

HB 448

--Inmates; penalty for possession of a deadly weapon _____________-...-..-...-412, 484, 487, 1119, 2042

SB 143

--Inmates transferred to U. S. Attorney General ------..-----1106, 1110, 1197, 2196, 3059

HB 569

--Interstate Agreement on Detainers; amend act ___._....--------...--.547, 632, 1761

HB 382

--Interstate Agreement on Detainers;

State of Georgia party to .__..._.__......_..__. 343, 420, 1485, 2873

--Jail Standards Study Committee report .. .._....

3713

HB 754

--Juvenile Court Code; community rehabilitation centers --.------856, 921, 1656, 1857, 2852

HR 32-98 --Life imprisonment for crime of murder; parole prohibited; amendment to the Constitution ---------------- ............

128,176

INDEX

4007

HB 953 --Mail censorship _...__________.,,___...____..________,,____...________.__.____ 1546, 1647

HB 380 --Pardons and paroles; benefits

upon release _._.__..-..__.____ 343, 420, 797, 1282, 2233

--Penal Institutions of the

State subcommittee report ________._.--...,,____.._...__..___3724

HB 381 --Prison transfer from state to county

institution; written consent _______________..___________________...._- 343, 420

HB 90 --State Board of Pardons and Paroles;

powers and duties ---_..__.__,,_.__..__.__.._._.__--...125, 174

SB 325 --State Board of Pardons and Paroles;

powers and duties _...____

2359, 2360, 2463, 2991, 3302

HR 207-855 --State Board of Pardons and Paroles;

powers; amendment to the Constitution __...__.___..1007, 1195

SB 209 --Transfer of prisoners to

State institutions within 30 days

after conviction ._..___..__...... 1912, 1915, 2000, 2801, 3588, 3681

SB 300 --Transfer of prisoners while

appeals are pending .................... 22B5, 2238, 2318

HB 982 --Work-release programs; participation ........ ....1551, 1652, 2468

PRIVATE DETECTIVES

HB 49

--Georgia Board of Private Detective and Private Security agencies; create _________ ___________ 109, 142, 703, 931, 2358, 2430

PRIVATE EMPLOYMENT AGENCIES

HB 297 HB 533

--Management consultants; exclude from regulations -_--_-..-____.__-.__....__________..--__________ 294, 355
--Regulate ....... ..._..._......._._.........476, 569, 1656, 2143, 3156, 3245

PROBATION

SB 326

--Aged and disabled inmates; eligibility for parole _____

2636, 2779, 2794

HR 64-202 --Aircraft hijacking; prohibitions; amendment to the Constitution _______________________________ 201, 254

HR 68-202 --Armed robbery; parole prohibitions; amendment to the Constitution ._--..-- 202, 254

HR 26-98 --Citizenship immunities as a result of conviction of a crime; restoration; amendment to the Constitution ..._._.____...

127, 175

SB 226

--Crime of murder or rape; eligible for parole only after serving 20 years ...... 1513, 1515, 1559

HR 66-202 --Kidnapping; parole prohibitions; amendment to the Constitution ................................... ...................202, 254

4008

INDEX

HR 32-98 --Life imprisonment for crime of murder; parole

prohibited; amendment to the Constitution ----......128, 176

HR 82-280 --Life imprisonment sentences; parole prohibitions;

amendment to the Constitution ................ 291, 352

HR 90-280 --Life imprisonment sentences; parole prohibitions;

amendment to the Constitution .............. ........_.._.... 291, 352

HR 88-280 --Murder or rape; parole prohibitions;

amendment to the Constitution ----.--..... ......... 290, 352

HR 89-280 --Perjury; parole prohibitions; amendment

to the Constitution __.._--_____.--_.._.----._.._----.------._._._ 291, 352

HB 75 --Probation offices; State Employees'

Retirement System ....----.----...----.......... ..... .....115, 147

HR 67-202 --Rape; parole prohibitions; amendment

to the Constitution __..----------..-- - ...... ....202, 254

HB 235 --Second or subsequent offenses;

eligibility for parole ___......._....._...._......_........ .............242, 308

HR 65-202 --Sodomy; parole prohibitions; amendment

to the Constitution ......._.....,,.___....----_--. --.-- 201, 254

HB 380 --State Board of Corrections; benefits

upon release .._.-----------. 343, 420, 797, 1282, 2233

HB 728 --State Board of Pardons and Paroles;

eligibility for parole ---- ..

. . . .... 787, 860

HR 207-855 --State Board of Pardons and Paroles; powers;

amendment to the Constitution ..._.------..--.........1007, 1195

SB 325 --State Board of Pardons and Paroles;

powers and duties ............_...--.2359, 2360, 2463, 2991, 3302

HB 1027 --Statewide Probation Act; judge may probate

pre-determined sentence ....--------_. ....

1641, 1754

PROPERTIES CONTROL COMMISSION, STATE

HR 379 --Amend House Resolution No. 327 providing for

election of a member .--_....__......__._........._._...._..._... ..........3381

HR 152-604 --Cobb County; lease certain property to

City of Marietta .------...----.....-555, 638, 1484, 1696, 2851

SR 109 --Dickie Starnes Memorial, Inc.,

lease property .......... .. ... ...2042, 2095, 2190, 2801, 3019

SB 336 --Georgia Ports Authority;

convey property....... 2360, 2361, 2464, 2468, 3194, 3348, 3378

SR 9 --Milledgeville-Baldwin County Recreation

Commission; transfer control ... 370, 374, 425, 428, 504, 872

SR 119 --Omni International, Inc.; lease

dated 1/12/60 -.....-.....-2517, 2547, 2609, 2801, 3343, 3409

HR 327 --Provide for election of a member ..........

2368

SR 126 --Savannah River Pipeline Corp. and Continental

Can Company, Inc.; easement... 2095, 2097, 2191, 2801, 3091

HR 234-930 --Savannah River Bottom; license to Georgia Marine

Warehouse Company .----.----1473, 1555, 2007, 2373, 3370

SR 111 --Southern Natural Gas Company; property easements

in Chatham County .....------...1914, 1915, 2000, 2468, 2966

INDEX

4009

SB 377 --State Properties Code; provide for __.__.- 2643, 2781, 2794, 2992, 3527, 3583, 3585, 3679
HR 154-604 --Stone Fort Land Company; approve purchase bid _______._____._._______.__.__________.555, 638, 642, 722, 1513

PROPERTY

HB 781 --Ad valorem property tax levy _________._____.________.__.______..912, 1012

HR 22-78 --Ad valorem property tax; separate classification;

amendment to the Constitution __________.___________.__________116, 147

HB 97 --Counties and municipalities; purchase

price of real property _____._._______.______________________.._________127, 175

HB 16 --Criminal damage; penalty _.___._._________..._______.___._______.60, 79, 119

HR 289-1068--Damage to private property for public purposes;

court costs and attorney's fees; amendment

to the Constitution ___..._.___..........-,,...__....._.... .........1737, 1883

HB 1016 --Deeds, trusts, mortgages, etc.; exercise of

power of sale .._.___._,,___.....___._____.__...._._.._..... _._.1639, 1753, 2005

HB 436 --Department of Administrative Services; Federal

surplus property program -_-....-__--.--.__..___.----.._. 410, 482

HB 437 --Department of Administrative Services; transfer

of State surplus property by negotiated sale .._.....410, 482

HB 784 --Distress warrants; landlord's power to

distrain for rent ___.........___ 913, 1012, 1659, 2444, 3594, 3621

HR 34-113 --Farm, forest, recreation areas, scenic resources,

nature preserves, greenbelt areas, historic

sites; tax assessment; amendment

to the Constitution _._._._........,,..._,,.

131, 179

HB 26 --Foreclosure proceedings; deed to secure debt;

notice mailed by grantee ..,,____........---__--..._62, 80, 314, 390

HB 271 --Georgia Housing Merchant Liability Act; enact .-__..288, 350

HB 731 --Georgia Land Development Act of 1972;

out-of-state sales ....._..____..__......___.788, 860, 1317, 1452, 3152

HB 730 --Georgia Land Development Act of 1972;

performance bonds ... ._________----...____---...._____--_..--.____788, 860

HB 80 --Income tax; local property tax credit ._.________-,,_._______ 116, 148

HB 216 --Income tax; local property tax credit __..........___.._......205, 257

HB 412 --Intangible Property Tax Act; real estate instrument

securing long-term note ._...__.__......348, 424, 640, 1164, 3011

HB 1102 --Intangible Property Tax Act; real estate

instruments .___.__..........._.__.____.__._._..____.--_._.______._._--...1744, 1888

HB 111 --Land developers; reinterment of human

remains ___._.-_._...______.-_-.._...__._-._.____....131, 178, 642, 953, 2635

HB 945 --Landlords' and tenants' rights .._.._.._..._._..._...__-.-.._.1476, 1557

SB 56 --Mineral leasing; titles; adverse

possession _........_................_._._.............-__.- 575, 576, 640, 2196

SB 220 --Minors; malicious or willful destruction

of property ___......._........._........______..___.._...__. 1512, 1515, 1558

HB 1036 --Mortgages; cancellation shall be responsibility

of mortgagee _..,,_.,,... _..__._ .............. __1643, 1756

4010

INDEX

HB 1032 HB 929
HB 106 HB 265 HB 428

--Mortgages, liens, deeds to secure debt;

foreclosure _...._..__.._..-__...-....._____....______._1642, 1755, 2005, 2754

--Municipal Board of Tax Assessors; fair market

value; property for county ad

valorem tax purposes .. ..

. .._..-._____..._ 1472, 1554

--Open Space Lands Assessment Act; enact .___..._--_____.130, 178

--Relocation expenses; Federal-aid projects 287, 349, 429,

755, 2638, 2676, 2946, 3062, 3097, 3206, 3376

--Security deposit payments; interest ......... ....408, 481, 2192

--State Institutions and Property Committee

Property Control subcommittee report .....

3728

HB 155

--State public school systems' properties; self-insurance plan ........................................ 166, 208, 1760

HB 852 --Subdivided land; health and sanitation standards 1007, 1194

HR 29-98 --Tangible property tax increases; referendums; amendment to the Constitution .. ....... ........

128, 176

HR 102-332 --Tax classification; amendment to the Constitution 301, 361

HB 1096

--Taxation; Chief Appraiser's appointment and duties ........................ 1742, 1887

SB 348

--Tax reevaluation and appraisal; five-year periods _....__.................._..... .....__.....2636, 2780, 2794

PROPERTY CONTROL SUBCOMMITTEE --Committee Report .-.--...--.

... 3728

PROPRIETARY SCHOOLS

HB 898

--Georgia Proprietary School Act; flight schools ......_..........._...........1304, 1372, 2465, 2515, 3372

PROVISIONAL REMEDIES

HB 646

--Notice and Hearing for Provisional Remedies Act; enact . . .

..... 621, 696, 2467

PRUITT, LARRY WAYNE HR 100-332 --Compensate _.__......_..............._.......__,,._. 301, 360, 2003, 2246, 3158

PSYCHIATRISTS

HR 227

--Insurance companies urged to offer full coverage ___..___.._......._........__....._......_._.....1148, 2004, 2869

INDEX

4011

PUBLIC ASSISTANCE

HB 918 SB 173 HB 505 HB 858 HB 507 HB 416

--Aid to Dependent Children Act;

illegitimate children

...... 1370, 1477, 2465

--Child SupportSBecovery Act;

enact ____........___.__-.___._.______.._....___.1670, 1671, 1758, 2193, 3063

--Food stamps and medical assistance (medicaid);

penalty for fraud _______...___._.___.______._..471, 565, 703, 994, 2041

--Georgia Public Assistance Act;

chiropractic services ___ --...._--,,..__.__........ _-- 1008, 1196

--Protective Services for Adult Act; Department

of Human Resources -_.-.----__._.----_.___--_ .. ....----_.471, 565

--Welfare rolls; reward for information leading

to illegal recipients ___.__-._______._._.-------. .------.._.--~.-406, 479

PUBLIC BUILDINGS HB 700 --Handicapped persons; elevators ........689, 793, 923, 1169, 3151

PUBLIC DEBT

HR 326-1199--Counties and municipalities; amendment to

the Constitution ._.-- ,,--_------_...

2313, 2462

SR 85 --Counties and municipalities; limitations;

amendment to the Constitution .....__ 2679, 2783, 2796, 3135

SB 358 --Georgia State Financing and Investment

Commission; provide for ______...__.2679, 2783, 2797, 2992, 3264

PUBLIC HEALTH

HB 504
HB 464 HB 360

--Certificate of Need; hospitals, nursing homes

and related health care institutions ....,,___..471, 565, 1481,

2592, 2718, 2856

--Health and Health Departments .....

.....462, 558, 1760

--Local Health and Rehabilitative Services Act

of 1973; enact .._... ......_._--_...____._ 338, 417, 1020, 1471, 1925

PUBLIC HOLIDAYS HB 42 --General election day ..--..---_--_-.__.____-__.___.._----__.107, 140

PUBLIC OFFICIALS

HB 394

--Candidates holding a public office must resign before qualifying to run for another public office _----._______._.____.__,,_,,___--.......344, 422, 575, 970

4012

INDEX

PUBLIC SAFETY, DEPARTMENT OF

HB 881 HB 73 HB 402 HB 406 HB 899 HB 247 HR 125 HB 418 SB 43 HB 386 HB 21 HB 3
HB 174 HB 611 HB 301 HB 848 HB 1030 HB 854 HB 245
HB 246
HB 403 SB 262
HB 864
HB 209
HB 630
HB 398

--Accident reports __-.----..-___.____...___.____________._______.____ 1185, 1310

--Accident reports; uniform reports

and procedures ...__________._____...._.____... 115, 146, 427, 533, 1107

--Additional duties; compensation _..._.__..________.__ 346, 423

--Board of Public Safety; quorum for discharge

of business _____..... 347, 424, 641, 964

--Bicycle Safety Act; enact _______________.__._____.... 1304, 1372, 1657,

2513, 3301, 3384

--Chemical blood tests; administration ._..... 244, 310, 427, 1609

--Commend ....... ..,,_.......... ......

455

--Contraband vehicles; confiscation; Uniform

Narcotic Drug Act ________________________________ 406, 479, 1200, 1611

--Director's mandatory retirement; State Employees'

Retirement System _______ _.....__^___1512, 1514, 1558, 2006, 3610

--Division of Investigation; drug agents .___... 344, 421,

642, 759, 2041

--Driver License Medical Advisory Board;

create __........__________....________61, 80, 641, 1421, 1518, 2639, 2661

--Driver's license; bail; arrest for minor

traffic violations ____--..__.__ 58, 77, 121, 152, 494, 801, 873,

2127, 2360, 3108, 3376

--Driver's license; bail; arrest for minor

traffic violations ___..._................,,..__.._

171, 212

--Driver's license; honorary licenses _____________ 557, 640, 1315,

1471, 1534, 2234

--Driver's license; minimum age changed

from 16 to 18 ._......____._____.........____________......_ 295, 356, 427, 956

--Driver's license; motorized carts ___________________ ..._____1006, 1194,

1657, 1866, 3678

--Driver's license; revocation for certain offenses ... 1642, 1755

--Driver's license; rules and regulations ___.._______._. 1007, 1195, 1657, 1968, 2645, 2705, 3009
--Driver's license; safe driving courses ..........._..__.._____......_______244, 309, 641, 1122, 1229, 1714

--Driver's license; traffic violations; point system ......______....._. 244, 309, 427, 536, 578, 1453, 3672

--Employees' compensation ___._._-.,,.

........ 346, 423

--Identification cards; handicapped persons '.___..__...........______.....1913, 1916, 2001, 2320, 3034, 3378

--Motor carriers; functions transferred from Public Service Commission ................ 1182, 1307, 1657

--Motor Vehicle Safety Responsibility Law; notices of appeal _.......________....203, 256, 540, 703, 1447, 3011

--Office of Highway Safety; duties transferred ______.__.._.. _ 618, 694, 1315, 1608, 3371

--Public Service Commission; functions relating to

safety inspections for certain

motor vehicles _ _ .

345, 422, 641

HB 401 HB 1192 HB 562 HB 384 HB 244 HB 591 HB 344 HB 1028 HB 614 HB 6

INDEX

4013

--Relocation expenses incurred by employees ....__._-.__....__.-.__-__-._. 346, 423, 641, 959
--State Crime Laboratory; airplane lease or rental _..._._..._.....__...._.._.......__..__...._._..2187, 2316, 2467, 2533
--State Crime Laboratory; Georgia Post Mortem Examination Act ..----.-... 545, 631, 1314
--Traffic citations; copies of every citation mailed to Commissioner .__....___..__343, 421, 1316, 1471, 1530
--Traffic; Uniform Rules of the Road ....._...._-...._..244, 309, 427, 655, 2195
--Traffic violations; submission of certain data by Superior Court Clerks ........ ..... ............_ 552, 636
--Uniform Division; additional compensation through federal funding .............. 303, 362, 427, 778, 3010, 3477
--Uniform Division; Division of Investigation; powers of arrest ._.._..._-_.___...._...1641, 1754, 1761, 2710, 2858
--Uniform Division; powers of arrest .......... . __... 615, 691, 1483 --Uniform Division; State Employees' Retirement
System; widows' benefits ... ... 59, 77, 2321, 2654, 3623, 3628

PUBLIC SERVICE COMMISSION

HB 327 --Commissioners emeritus; compensation -..-.-- 300, 360, 2466 HR 233-930 --Court of Appeals; review of orders; amendment
to the Constitution ........__...____.__..___........_..__..___._.1473, 1554 HR 286 --General Telephone Company; relative to
rate increase --.-.-...-- ..--.-- ._-----_--.....___...__.....__..1691 HB 955 --Georgia CATV Regulatory Surveillance Act _...._ 1546, 1647 HB 2 --Georgia Territorial Electric Service Act;
create .._...........__......_.,,..__..._.._._ 58, 77, 703, 883, 2358 HB 897 --Judicial review of orders involving utilities ._..--.... 1304, 1372 HB 869 --Motor carriers; protective wheel flaps ... ........1183, 1308, 2319 HB 60 --Motor carriers; redefine _._______-_____________112, 144, 262, 3678 HB 864 --Motor carriers; transfer functions to Department
of Public Safety _......__.._._._....__.... 1182, 1307, 1657 HB 927 --Motor common carriers; temporary
emergency authority .-_.__._..-.1472, 1554, 1657, 2267, 3010 HB 928 --Motor contract carriers; registration
and license __...._.__._......_.__..__.__.,..__ 1472, 1554, 1657, 2269, 3011 HB 54 --Office of Public Counselor; create ____-__._--.--__._.-_.._.___.110, 142

HB 969 --Operating costs __.______________._______1549, 1650, 2004, 2264, 2852

HB 1120

--Rate increases; consideration of service rendered .-..-._._.._._..._._._..._...._..___. 1747, 1890, 2467, 2699, 3374

HB 1149 --Rate increases; hearings; suspensions .....__.___._._.__. 1879, 1999

HB 1121 --Rate increases; provisions governing suspension ... 1747, 1891

HB 398

--Safety inspections for certain motor vehicles; functions transferred .......... .... ......... 345, 422, 641

SR 131

--Supreme Court; review of the rate orders; amendment to the Constitution .._..._.,.__.._....._.... .2851, 2979, 2988

4014

INDEX

PUBLIC TRANSPORTATION

HB 348 SB 140

--Georgia Code of Public Transportation; establish new laws ------ -- --_---_ 336, 414, 572
--Georgia Code of Public Transportation; establish new laws ,,---------871, 874, 922, 1315, 3127, 3273, 3377

PUBLIC UTILITIES (See Public Service Commission)

HB 1097 HB 2 HB 164 HB 897 HB 1120
HB 1149 HB 1121

--Annual tax returns of all property ------------1743, 1887 --Georgia Territorial Electric Service
Act; create ----.--------------------58, 77, 703, 883, 2358 --Insurance; prohibited from transacting insurance
business ------.-.---------------169, 210, 365, 1471, 2516 --Public Service Commission; judicial review
of orders .....-...--...--...--...--...--.----...-..-1304, 1372 --Public Service Commission; rate increases;
consideration of service rendered ------ ----.-1747, 1890, 2467, 2699, 3374
--Public Service Commission; rate increases; hearings .----..--...-__--.----..------------ 1879, 1999
--Public Service Commission; rate increases; suspension _--___.....____-.____..--__----.__----..--------.1747, 1891

PULASKI COUNTY

HB 180 HB 1154 HB 1156 HB 1173 HB 1155
HB 1157 HB 1048

--Board of Education; membership _________ 196, 249, 487, 490, 926 --Commissioner's salary ._--_.-----1991, 2187, 2469, 2480, 3149 --Ordinary's salary _._._.--_._.------.1992, 2188, 2469, 2480, 3150 --Sheriff's salary ___--.__,,--.__----1995, 2190, 2611, 2621, 3365 --Superior Court clerk's salary __.._______._______.___.1992, 2187, 2469,
2480, 3150 --Tax Commissioner's salary -.....-1992, 2188, 2469, 2481, 3154 --Tax Commissioner's salary .--1645, 1757, 2198, 2201, 2849

Q
QUALITY EDUCATION HB 475 --Quality Education Achievement Act ______________.__._--..-463, 559
QUILLIAN, DR. HENRY M. HR 389 --Express sympathy for passing of _.----____--____--.____--...--3643
QUINN, OFFICER LARRY EUGENE HR 191 --Express sympathy for passing of ------------------------805

INDEX

4015

R

RABUN COUNTY

SB 415 SB 417 HB 742

--Coroner's salary ...--------------.._ 3054, 3126, 3132, 3350, 3359 --Sheriff's salary __----------_------..3054, 3126, 3132, 3350, 3359 --Supervisor of Roads; salary ----_----_--_------_--_--.--853, 919

RACING COMMISSION, STATE HB 589 --Create -..--. ---------- 551, 635

RADIATION HB 713

--Georgia Radiation Control Act; extend regulations ________.________.____.__.784, 857, 1655, 2558, 3372

RAHN, MRS. LILA CRAWLEY HR 302 --Commend ---____-.---__--_-.--_----------,,--_._--...__2102

RAILROADS HB 1097 SB 119
HB 61

--Annual tax returns of all property ------------------1743, 1887 --Reflectorized railroad crossbuck signs;
erect and maintain ------------2234, 2238, 2317, 2465, 2966 --Station signs; eliminate requirement ___----,,--________112, 145

RAND, COMMANDER MILAN HR 393 --Express sympathy for passing of ----------------------_.3645

RANDOLPH COUNTY HB 525 --Sheriff's salary --------------.------------475, 568, 705, 712, 1388

RANGERS HB 892

--Conservation rangers; appointment--------.----------1187, 1312

RAPE HR

67-202 --Parole prohibitions; amendment to the Constitution _--__--.--------____.--__----------____--202, 254

4016

INDEX

HR 88-280 --Parole prohibitions; amendment to the Constitution --------_-- ---------------- -- --.__--290, 352

RAPID TRANSIT
SB 321 --Metropolitan Atlanta Rapid Transit Authority; Board of Directors _--------------_---- 2708, 2783, 2796, 3135
HB 978 --Metropolitan Atlanta Rapid Transit Authority; bus widths ----------_----_-----------1550, 1651, 2197, 2660
HB 1031 --Metropolitan Atlanta Rapid Transit Authority; Department of Revenue; administration costs -----.---_--___--_---____----------------.----1642, 1755
HB 567 --Metropolitan Atlanta Rapid Transit Authority; membership ------_------_--_--------------.546, 631
HB 648 --Metropolitan Atlanta Rapid Transit Authority Act; contracts -_--------------------.621, 697, 798, 945, 1671
HR 172-648 --Metropolitan Atlanta Rapid Transit Overview Committee; create ------------622, 697, 798, 950, 1669, 1694
HR 291-1110--Metropolitan Atlanta Rapid Transit Authority Overview Committee; expenditures-----__--1745, 1889, 1895, 2261, 3375, 3405

RAULERSON, EUGENE L. HR 52-161 --Compensate ____-_-------------------------_______ .----168, 209

REAL ESTATE

HB 696 HB 576 HB 97 HB 1016 HB 26 HB 271 HB 731 HB 730 HB 523 HB 1102

--Ad valorem tax; long-term real estate notes __------_____688, 792 --Brokers and salesmen; revise
laws -__----__------.--------------549, 633, 2194, 2563, 3152 --Counties and municipalities; purchase price
of real property _.__--_--_--_----------------------.------127, 175 --Deeds, trusts, mortgages, etc.; exercise
of power of sale --------__--------------------__1639, 1753, 2005 --Foreclosure proceedings; deed to secure
debt; notice mailed by grantee------ _____ .. 62, 80, 314, 390
--Georgia Housing Merchant Liability Act; enact--------------_----_____------.--------------288, 350
--Georgia Land Development Act of 1972; out-of-state sales --------,.------788, 860, 1317, 1452, 3152
--Georgia Land Development Act of 1972; performance bonds _----------------------------_.788, 860
--Housing accommodations; prohibit discrimination --__----------.----475, 568, 924, 1271, 2197
--Intangible Property Tax Act; real estate instruments .------------_---- --_______------.1744, 1888

HB 412
HB 945 HB 1036 HB 1032 HB 428

INDEX

4017

--Intangible Property Tax Act; real estate instrument securing longterm note ....------------------------348, 424, 640, 1164, 3011
--Landlords' and tenants' rights .......--------------------1476, 1557 --Mortgages; cancellation shall be responsibility
of mortgagee ------------------_----_----------------1643, 1756 --Mortgages, liens, deeds to secure debt;
foreclosure ------------------------------1642, 1755, 2005, 2754 --Security deposit payments; interest .------------408, 481, 2192

REAPPORTIONMENT
HR 238-942 --General Assembly; amendment to the Constitution --------------------------------------------1475, 1557
SR 32 --General Assembly; amendment to the Constitution ----------------------------------2236, 2239, 2319
HR 150-597 --General Assembly; effective after 1980 census; amendment to the Constitution ---------------- --553, 637
HB 668 --House of Representatives; Fulton County boundaries ----------------------------------------------625, 700
HR 412 --Legislative and Congressional Reapportionment Committee urged to preserve county lines of House Districts .............._..........,,_....._......._------3659
HB 667 --State Senatorial Districts; Fulton County boundaries -----------------625, 700

REAVES, HONORABLE HENRY L. HR 119 --Commend --------------------- ------------------449

RECORDS SB 21 HB 946

--Georgia Records Act;

authorities .... --------

369, 374, 425, 2991, 3537, 3680

--Public books and records of other states;

how proved ----------------.........1544, 1646, 1761, 2589, 3678

RECREATION HB 397

--Water Recreation Act of 1973; enact --------------------345, 422, 1021, 1921, 2034, 2886, 3676

RECREATIONAL FACILITIES --Recreational Facilities subcommittee report --------.--3730

4018

INDEX

REDDING, EUGENE HR 80-262 --Compensate ___.____,,,,______.__..,,.._____________ 249, 313, 2003, 2246, 3156

REGIONAL PLANNING

HB 909

--Southern Growth Policies Agreement; Local Governments Advisory Committee .______.....__.____.___-......... 1306, 1374, 2005, 2499, 3676

REGISTRARS HB 217

--Electors list; addresses; certification to Secretary of State .-...______._._-.......______,,........_---_______.205, 257

REHABILITATION

HB 753 HB 754

--Georgia Youthful Offender Act; community rehabilitation centers_____________.___855, 921, 1656, 1818, 2852
--Juvenile Court Code; community rehabilitation centers .______.......______........_.__.___._........856, 921, 1656, 1857, 2852

RELOCATION ASSISTANCE

HB 265

--Federal-aid projects; relocation expenses ..____._._......_.______.287, 349, 429, 755, 2638, 2676, 2946, 3062, 3097, 3206, 3376

REORGANIZATION (See Executive Reorganization Act of 1972, Named Subject)

HB 1018 HB 406 HB 137 HB 556 HB 256
HB 430 HB 248 HB 1118

--Board of Natural Resources; State Game and Fish Commission ____.___1640, 1753, 2321, 2503, 3302, 3526
--Board of Public Safety; quorum for discharge of business .___.....________...........-._____.....-_.-.-____....347, 424, 641, 964
--Board of Regents of the University System of Georgia; exempt from provisions---, 137, 148, 184, 235, 1327
--Coastal Marshlands Protection Committee; create ___.......-.___._____.......-.______-.-.......544, 630, 1021, 1356, 2638
--Department of Community Development; Bureau of State Planning and Community Affairs _______________ __......247, 311, 315, 394, 3371
--Department of Community Development; State Office of Housing Section....408, 481, 1763, 2551, 2646, 2941
--Division of Environmental Protection; Economic Analysis Section _______________._______.245, 310, 574, 777, 800, 800
--Georgia Budget Act; annual appropriations ___________,,__,,.___--.1746, 1890, 2006, 2696, 3677

SB 257 HB 371
HB 630 HB 398
HB 864 HB 670

INDEX

4019

--Georgia Historical Commission; functions transferred ________________________________.._._.1670, 1672, 1758
--Georgia Historical Commission; transfer functions to Department of Natural Resources --------------------------340, 418, 704, 875, 2040
--Office of Highway Safety; renamed; transferred _........__________________-618, 694, 1315, 1608, 3371
--Public Service Commission; functions relating to safety inspections for certain motor vehicles ------------__--------------345, 422, 641
--Public Service Commission; transfer functions; motor carriers ___________________________________ 1182, 1307, 1657
--State Building Administrative Board; assignment----626, 700

RESTAURANTS

HB 110 HB 805

--Excise tax on food and drinks; authorization to levy --------__...._..._____-__........___.____131, 178
--Excise tax on sale of meals; municipalities-----------917, 1016

RETAIL ELECTRIC SERVICE

HB 2

--Georgia Territorial Electric Service Act; create __._---------------- .----------58, 77, 703, 883, 2358

RETAIL INSTALLMENT HB 91 --Loans; prohibit any discrimination.----------126, 174, 2464

RETIREMENT (See Named Subject)
HB 235 --District Attorneys' Retirement Fund; creditable service ----------------------------242, 308, 1657
HB 233 --Firemen's Pension Fund; increase benefits --------.-- 242, 308 SB 55 --Firemen's Pension Fund; increase
benefits ------------------------2236, 2239, 2319, 2611, 3036 HB 393 --Georgia Legislative Retirement System; prior
service credit ._----------_----------______________------305, 364 HR 92-300 --Increase of benefits; amendment to the
Constitution _______________________________________------295, 356 HB 258 --Joint Municipal Employees' Retirement System;
civil defense organizations, development, housing and hospital authorities.--__________247, 312, 1484, 1720, 3151 HB 240 --Judges emeritus, Superior Court; widows' benefits _---------------------------_------------------243, 309 HR 198 --Judicial Retirement Study Committee; create------812, 1761

4020

INDEX

HR 58-175 --Municipal employees' pension benefits; amendment to the Constitution .__......----____.-_______-__________________.__171, 212
HB 308 --Peace Officers'Annuity and Benefit Fund; eligibility ______.._____________.______________.___.249, 313, 574, 774, 2040
HB 307 --Peace Officers'Annuity and Benefit Fund; increase benefits ________-___.____._______.__.249, 313, 574, 763, 2040
HB 23 --Peace Officers' Annuity and Benefit Fund; notice for disability benefits ...62, 80, 1895, 2156, 3150, 3203
HB 145 --Public School Employees' Retirement System; age requirement ...--...___-_...--__~._..---.----___--__--.164, 206
HB 347 --Public School Employees' Retirement System; contributions ---_--_._-____-_.__---__--______.__--304, 363
HB 144 --Public School Employees' Retirement System; disability allowance --_---_-_--_-----__-____-___--__--___--. 164, 206
HB 154 --Public School Employees' Retirement System; early retirement ................. 166, 208, 642, 767, 1512
HB 148 --Public School Employees' Retirement System; increase benefits .... ____..,--.__---_-____..___.___...____. ..168, 207
HB 315 --Public School Employees' Retirement System; prior service credit .------...297, 358, 1658, 2560, 3380, 3481
HB 253 --Public School Employees' Retirement System; termination of membership ___________________.__--____...246, 311
HB 166 --Retirement systems; pooling of trust funds for investment purposes .__..______-.170, 211, 1759, 2502, 3672
HB 186 --Sheriffs' Retirement Fund of Georgia; increase benefits .__._______._.___.______.._______.________197, 250, 574, 956, 2636
HB 146 --Sheriffs' Retirement Fund of Georgia; retirement age, certain members ____________________ 165, 207, 574, 954, 2635
SB 113 --State Employees' Retirement System; accumulated contributions __________________________ 1572, 1573, 1653, 1895, 3204
HB 346 --State Employees' Retirement System; annual and sick leave ___._____._____-_______..__-__,,______.___.____.304, 363, 1316
HB 210 --State Employees' Retirement System; creditable service ______.____._..___________..____.-___._.__.204, 256, 1484
SB 43 --State Employees' Retirement System; Department of Public Safety _______.________.___.1512, 1514, 1558, 2006, 3610
HB 6 --State Employees' Retirement System; Department of Public Safety; Georgia Bureau of Investigation.-___.-_59, 77, 2321, 2654, 3623, 3628
HB 75 --State Employees' Retirement System; employees of any probation office --.__---___--_--.__--___._.-___--___115, 147

HB 239

--State Employees' Retirement System; General Assembly .__--....-...._. ___.__.-.__--__. ._.... 243, 308

SB 64

--State Employees' Retirement System; General Assembly messengers and doorkeepers -__-__.__-___..______-___.._._.______.870) 873, 922, 1484, 1702

HB 272

--State Employees' Retirement System; Georgia Legislative Retirement --._._---__--__---__-__--__.___-_288, 350

HB 390

--State Employees' Retirement System; medical examination requirements----._._--___--__305, 364, 1484, 2505

HB 267 HB 192
HB 58 HB 124 HB 306
HB 138
HB 273 HB 46
HB 391 HB 334 HB 87
HB 323 HB 283 HB 193 HB 289 SB 40 SB 41 HB 195 HB 167 HB 392 HB 194 HB 197 HB 36

INDEX

4021

--State Employees' Retirement System; military

service -___--------.--------__-------_-_.......-.-.-287, 349

--State Employees' Retirement System; Pension

Accumulation Fund; Annuity

Reserve Fund __________________.....199, 252, 574, 2379, 3614, 3614

--State Employees' Retirement System; retirement

after 35 years' service ______.___.___.._----_,___.lll, 143, 1484, 2884

--State Employees' Retirement System;

State Court ......................_..____._______._-._.._..........____......134, 181

--State Employees' Retirement System; State

Soil and Water Conservation

Committee

..__.___.___...-._... 296, 357, 366, 972, 2233

--State Employees' Retirement System; Superior

Courts; State-paid employees of judges and

district attorneys ........._...._.....-..........-.... 138, 184, 2611, 2879

--State Employees' Retirement System; tax

commissioners, collectors and receivers...................288, 350

--State Employees' Retirement System; Tax

Commissioners, Tax Collectors and

Tax Receivers .........____._____._...108, 141, 1560, 1700, 2945, 3032

--State Employees' Retirement System; Teachers'

Retirement System; investments-- ....305, 364, 1484, 2507

--State Employees' Retirement System;

termination of membership -.----.._--_____________--------302, 361

--State Employees' Retirement System; transfer

from State Agency to United States

Government agency .___.__.______------ 125, 173, 1316, 1436, 2359

--Superior Court Clerks' retirement

benefits

..... _.______.----....-...__.._...------299, 359, 2639

--Teachers' Retirement System; City of Atlanta;

transfer of funds

.......................... 291, 353, 2195

--Teachers' Retirement System; creditable

service ....................................199, 252, 1484, 2117, 3374, 3474

--Teachers' Retirement System; creditable service.......293, 354

--Teachers' Retirement System; creditable service

benefits ................ ..................... 925, 929, 1017, 1895, 2445

--Teachers' Retirement System; disability

benefits ......_._.............._..___............ 925, 929, 1017. 1895, 2495

--Teachers' Retirement System; disability

retirement ..._----________------_._____..... 200, 252, 2006, 2377, 3009

--Teachers' Retirement System; exemptions and immunities ..._......_._........__..............170, 211, 428, 534, 2233

--Teachers' Retirement System; investments ......_.._.._._.____._--......._._.__...----305, 364, 1484, 2507

--Teachers' Retirement System; leaves of absence .. ................._...___..._..------_...__. 200, 252, 574, 816, 3009

--Teachers' Retirement System; local systems ..... _....__,...._.___._..--..._._._..___.__.--.. 200, 253, 862, 1264

--Teachers' Retirement System; military service credit; Vietnam war .___.__________....--._._________...... .........106, 139

4022 HB 168 HB 196 HB 182 HB 162 HB 276 SB 274

INDEX
--Teachers' Retirement System; public school nurses __.--------_------.__--------------170, 211, 574, 1160
--Teachers' Retirement System; reduce creditable service ----_..._.._--...--.--------_ 200, 252, 574, 818
--Teachers' Retirement System; retirement after 30 years' service.-____------_____--------__-___._197, 250
--Teachers' Retirement System; retirement prior to July 1, 1970 --------__--__ 169, 210, 1895, 2127, 3155, 3216
--Teachers' Retirement System; withdrawal of contributions _______________.._._______------__________________289, 350
--Workmen's Compensation; reimbursement to Department of Law for legal representation for all State retirement systems -------------------------.1670, 1672, 1759, 2006, 3067

REVENUE ANTICIPATION OBLIGATIONS
HR 111-130 --Elections; amendment to the Constitution ------------.----------409, 481, 642, 745, 1669
HR 230-909 --Expand purposes for issuance; amendment to the Constitution .______-----..---------._.----------1306, 1374
HR 112-430 --Public parking areas and beach erosion protection systems; amendment to the Constitution.----409, 481, 2597

REVENUE BOND LAW

HB 808

--Solid waste; expand definition of undertaking ------------_.__.--------918, 1016, 2004, 2449, 3373

REVENUE, DEPARTMENT OF

HB 160
HB 625
HB 593
HB 412
HB 1031
HB 407
HB 269 HB 424
HB 701 HR 325 HB 409

--Ad valorem tax; motor vehicle license plates; refund procedure ----------------------167, 209, 430, 507, 1225
--Commissioner's duties; tax digests; negotiated settlements; appeals -------------------------------617, 693
--Employees; confidential tax information ____.__...__--._._..----__.552, 636, 799, 1233, 3630, 3636
--Intangible Property Tax Act; amend ----_--_--------------------348, 424, 640, 1164, 3011
--Metropolitan Atlanta Rapid Transit Authority; administration costs __--------------------------1642, 1755
--Motor Vehicle Certificate of Title Act; increase fee for filing ......----------...........----..347, 424, 1657
--Off-road Vehicle Act of 1973; provide for ------------287, 349 --Registration of motor vehicles; sworn
statements ____--------_--------._.._.. ...407, 480, 1315, 1606, 2637 --State Board of Equalization; composition.------------690, 794 --Study committee created to study HB 625------.................2370 --Tangible property; installment payments------------347, 424

REZONING HB 326
HB 320 HB 319
HB 96

INDEX

4023

--Metropolitan Area Planning and Development Commission; redistrict.____________________------_ 299, 359, 429, 3371
--Planning and zoning; municipal powers----------298, 358, 798 --Planning commissions; multi-county planning
commissions ----------------------..__.....298, 358, 798, 2072, 2230 --State departments and boards of education;
review of applications --------------------------------.127, 175

RICHMOND COUNTY

HB 1059
HB 802 HB 1026 HB 905 HB 764 HB 621
HB 923 SB 282
HB 620 SR 110
SR 102 SR 103 SB 398
SB 388 SB 408
HB 1073 HB 171
SB 178 HB 803 HB 1024 HB 804 SB 328 SB 99
SB 67
HB 1023
SB 66

--Ad Valorem tax for educational

purposes; exemptions ------...... 1735, 1881, 2468, 2474, 3363

--Animal control; regulations ....----917, 1015, 1561, 1564, 3362

--Board of Commissioners; membership --------------1641, 1754

--Board of Education; attorney---- 1305, 1373, 1660, 1667, 3362

--Board of Elections----..------------909, 1009, 1376, 1379, 3144

--Board of Tax Assessors;

salaries --------------------------616, 693, 1561, 1563, 3361

--Civil Court

-

.----------------------1371, 1478

--Civil Court; amend Act

creating -------------------------2676, 2782, 2795, 3135, 3140

--Coliseum Authority; create --------616, 692, 1561, 1562, 3361

--Consolidation and merger of county and municipal

governments; amendment to the

Constitution ..... .-------------- . ----2094, 2096, 2191

--Convey certain property----------1780, 1781, 1892, 2196, 2654

--Convey certain property.------1781, 1781, 1892, 2196, 2653

--County Board of Tax Assessors;

create ....,,._.----__..__._.___._. --------2676, 2782, 2796, 3349, 3353

--Elected officials' salaries ....... -.2641, 2781, 2795, 3135, 3142

--Employees and elected officials;

compensation -------------- 2709, 2782, 2796, 3135, 3137, 3379

--Governmental services ------------------------------1738, 1883

--Hotels and motels; posting of rate

schedules ... ........ ---- .... ---- ..171, 212, 1481, 1621, 3153

--Law librarian's salary.. ... .......... 2484, 2544, 2607, 2800

--Merit System for employees------ 917, 1015, 1762, 1764, 3673

--Probation Officers .--_._....._._..._.----_----. .------------1641, 1754

--Public Officer; additional powers-------------------917, 1016

--Sheriff's salary----------------2641, 2780, 2794, 3135, 3141

--State Court Judge Emeritus; Social

Security Benefits ........ .. .. . 2484, 2543, 2606, 3134, 3140

--State Court; Judge's retirement

benefits .___..__.._._._............_..----.. 2484, 2543, 2606, 3134, 3140

--State Court; Judges'

salaries ----------------------1640, 1754, 2468, 2471, 3363

--State Court; Trial Judges and Solicitors

Retirement Fund Act .. -------- 2095, 2096, 2191, 2801, 3252

4024

INDEX

RICHMOND, MAJOR TOM --Prayer offered by ---------- --._.-....------_____________------404

RIDDLEVILLE, TOWN OP HB 662 --Officials' terms of office.-------624, 699, 1202, 1210, 1776

RIGDON, HONORABLE JOHN HR 45 --Express sympathy for passing of --------------------------150
RINGGOLD, CITY OF HB 879 --Corporate limits ----.._.,,..--1185, 1310, 2198, 2200, 3145
RIVERDALE, CITY OP HB 1198 --Ad valorem taxation----------------2312, 2462, 2612, 2626, 3367
RIVERS HR 135-503 --Counties; commissions to protect rivers and flowing streams; amendment to the Constitution -----------------------.--.470, 565, 704 HB 467 --Critical Areas Act of 1973; enact------------------------413, 485 HB 756 --Georgia Wild and Scenic Rivers System; provide for ------------.--.............----------------856, 921 HB 1093 --Metropolitan River Protection Act; enact....--------___________------ 1742, 1886, 2195, 2529, 3571, 3574 HB 1000 --Vital Areas Council; create------.1635, 1750, 1763, 2534, 3374

RIVERSIDE, TOWN OF HB 461 --Ad Valorem taxation ------------------462, 558, 643, 644, 1386

ROAD SIGNS HB 351

--Warning signs; roads closed to public traffic ----------------------------------337, 415, 572, 765, 1513

ROBBERY
HR 68-202 --Armed robbery; parole prohibitions; amendment to the Constitution --------..._.......__...._--------202, 254

INDEX

4025

ROBERT WOOD JOHNSON HIGH SCHOOL HR 346 --Girls Basketball Team; commend ----------------------------2770

ROBERTSON, REV. VERNARD E. --Prayer offered by _________--------_--,,--_____.--_.__.-_5, 75

ROCKDALE COUNTY

HB 546 HB 551 HB 550 HB 705 HB 547 HB 548 HB 549 HB 552

--Commissioner's salary......................--...542, 628, 862, 863, 1568 --Coroner's salary ._------___----------------543, 629, 862, 865, 1569 --Ordinary's salary----------______..... ........543, 629, 862, 864, 1569 --Public Defender's salary------.----690, 794, 1022, 1028, 1777 --Sheriff's salary ...._...____.___.._..._.................543, 628, 862, 863, 1568 --Superior Court Clerk's salary--------543, 629, 862, 864, 1569 --Tax Commissioner; chief deputy.----..543, 629, 862, 864, 1569 --Zoning of annexed land...._...___--544, 629, 862, 865, 2489, 2547

ROME, CITY OF HB 984 --Corporate limits ....._..__.._______._------1552, 1652, 1896, 1900, 2849

ROSSVILLE, CITY OF

HB 590

--Councilmen; composition; clerk, treasurer and tax collector; appointment ------------------.552, 635, 1318, 2036

ROSWELL, CITY OF

HB 1006 HB 1007

--Corporate limits..._._..._...__..._...........1636, 1751, 2611, 2613, 3363 --Transfer of property.._...._.................................._.----. 1636, 1751

ROWAN, MRS. AMELIA HR 386 --Express sympathy for passing of . .....------_______...__..._----3641

ROYAL LODGE, CITY OF HB 1152 --Create new charter .................................... 1879, 1999, 2469, 2479

RUSSELL, RICHARD B., DAM AND RESERVOIR HR 375 --Urge completion ........----...------------.---- .--------.__.--.3263

RUTLEDGE CHEVROLET COMPANY HR 28-98 --Compensate ............----------____------... 128, 176, 2003, 2243, 3158

4026
SAFETY HB 259

INDEX
s
--Occupational Safety and Health Act of 1973 -----------------,,------------_--------247, 312, 1020, 1384

SAFETY FIRE COMMISSIONER, GEORGIA

HB 853 SB 15
SB 19
HB 914 HB 139

--Blasting operations; rules and regulations----------1007, 1195 --Buildings and structures which constitute special
hazard; specifications ---------------------------927, 928, 1017 --Georgia Health Care Facility Fire
Safety Act; enact --------------------1327, 1329, 1374, 2193 --Petroleum tank farms; safety standards ------------1369, 1477 --Uniform Standards Code for Mobile Homes
Act; enact ---------------------------..---- 138, 184, 185

SALARIES OF STATE OFFICIALS
HB 309 --Annual salary and allowance ----------------------------296, 357 HB 310 --Annual salary and allowance ----------------------.----297, 357 HB 311 --Annual salary and allowance --...------------...------.....297, 357 SB 108 --Annual salary and allowance ----1108, 1111, 1199, 1200, 1364 SB 51 --Annual salary and allowance _--.________._..------..1772, 1781, 1891 HB 338 --Department of Administrative Services;
Commissioner's salary ----------__..------...----..--....302, 362 HB 341 --Department of Administrative Services; Commissioner's
salary fixed by appointing authority ...------------303, 362 HB 339 --Department of Banking and Finance;
Commissioner's salary --------------_----------_----302, 362 HB 340 --Department of Banking and Finance; Commissioner's
salary fixed by appointing authority _----______------..303, 362 HB 335 --Department of Transportation;
Director's salary --.....------....--------....--------..----302, 361 HB 979 --Fiscal notes evaluating bills changing
salary or allowance ------.___.--------....----1495, 1558, 1762 HB 32 --General Assembly; annual salary
and allowance --------_-____------._._.----__ 106, 139, 1484, 1576 HB 343 --General Assembly; annual salary
and allowance .....----------------.--------______------..303, 362 SB 136 --General Assembly; annual salary and
allowance ------.------------------..-870, 874, 922, 2466, 3389 HR 255-978 --General Assembly; increases during term of
office; amendment to the Constitution--..._--_____1551, 1651 HR 239-942 --Increases during term of office; amendment to
the Constitution ------------_--------------_------... 1475, 1557 HR 186-734 --Increases or decreases during term of office;
amendment to the Constitution--...------------.__.____789, 861

HB 786 HB 312 HB 313 HB 342 HB 336

INDEX

4027

--Introduction of bills in the General Assembly affecting salaries ............_----____.__.__...._.___.._..914, 1013
--Judges, justices, district attorneys; annual salary and allowance --------------_..........._..--297, 357
--Lieutenant Governor; General Assembly; annual salary and allowance ........ ----------------------297, 357
--State Board of Corrections; Director's salary .......----------------_----___..______________________._____.303, 362
--Supervisor of Purchases; annual salary and allowance ....----------------....._.____.___ 302, 361, 1658, 2702

SALES TAX (See Taxation)

HB 1107
HB 1012
HB 834
HB 331 HB 1109 HB 1108
HB 1105
HB 1104 HB 330 HB 1216 HB 388 HB 1106
HB 1103
SR 118 HB 1215 HB 631

--Claims for refunds; waiver of period of limitations....-.-..-----.--..-------.---.----1744, 1888
--Counties and municipalities; authority to levy local sales and use tax ----------------------------1637, 1751
--Counties; authority to levy local retail sales tax ------------------------------------------1003, 1192
--Counties; levy local retail sales tax ----... --------__....300, 360 --Delinquent dealers; interest rate ------------------1745, 1889 --Delinquent dealers; penalty for wilful intent
to defraud ------------------------.------------1745, 1889 --Delinquent dealers; preservation of all
goods or equipment.-----------------------------1744, 1888 --Delinquent dealers; surety bond __._....----_._.....------1744, 1888 --Income tax; sales tax credit __------------------------300, 360
--Increase rate from 3 to 4% ......................------------2461, 2606
--Objects of art; exemptions..---- .344, 421, 430, 498, 927, 1508
--Property used or retained in production; regulations _.-._._.------------.----------------------1744, 1888
--Returned property; clarify credit to be allowed .................... .......----------..---- .1744, 1888
--Sales Tax Study Committee; create.... ...2638, 2778, 2792
--Services; exemptions ------------------------------.2461, 2605
--Vending machines; tangible personal property at retail ......... ........----.............. ....----.----618, 694

SALMON, SERGEANT HENRY HR 218 --Commend

.----------------------------1140

SANITARIANS

HB 433

--State Board of Examiners for Registered Professional Sanitarians; terms ... 348, 425, 486, 958, 3371

4028

INDEX

SARDIS, CITY OF HB 694 --Corporate limits ..._.,,.----__._____----..688, 792, 1202, 1214, 2037

SAVANNAH, CITY OF

SB 171 SB 395

--Mayor and Council;

composition _______716, 718, 796, 2803, 2832, 3097, 3098, 3159

--Tybee Island; corporate

limits

..... _-___________2678, 2784, 2797, 2993, 3006

SAVANNAH RIVER BOTTOM
HR 234-930 --State Properties Control Commission; license to Georgia Marine Warehouse Company --------------__------_.____1473, 1555, 2007, 2373, 3370

SAVANNAH RIVER PIPELINE CORPORATION

SR 126

--State Properties Control Commission; easement ____,,_...__-.-2095, 2097, 2191, 2801, 3091

SCENIC RIVERS

HB 756

--Georgia Wild and Scenic Rivers System; provide for .......------___----__._____,,____856, 921

SCENIC TRAILS

HB 870

--Georgia Scenic Trails Act; bicycle trails ______________________ ......_..._.______..1183, 1308, 1483, 1613, 3010

SCHOLARSHIPS SB 172 --Veterans and veterans' dependents .------.----2095, 2096, 2191

SCHOOLS (See Education, Teachers)

HB 606
HR 283 HR 224 HB 232 SB 266

--Boards of education; liability insurance or contracts of indemnity ______________________555, 639, 1199, 1471, 1530, 3676
--Buses; motor vehicles required to stop ________________1689, 2362 --Buses; School bus safety program; commend ------.----1144 --Buses; transportation costs _.__._.._______------.......___.__._.______241, 307 --Cooperative educational service agencies;
Social Security Act .__....____.----.1391, 1394, 1481, 2611, 3020

INDEX

4029

SB 57 --County boards of education; meetings..--------.--------.-------- 370, 375, 426, 1655, 3087
HB 707 --County school superintendents; Bond ._------------------------------691, 794, 1199, 1340, 2042
HB 375 --Cruel treatment of children; reports by school system employees ------------------ 341, 419, 1020, 1248, 2041
SB 176 --Cruel treatment of children; reports by school system employees .--------.._--------...--1225, 1227, 1312
HR 20-58 --Districts; amendment to the Constitution.----112, 144, 1200 SB 276 --Divine creation; equal academic freedom in schools
where theory of evolution taught __----__-.3291, 3335, 3348 HR 355 --Divine creation; State Board of Education
urged to require courses --------...--,---- ...------___--..2860 HB 983 --Drug abuse; confidentiality of student
statements _--_,,_.----------.--.,,----1552, 1652, 2196, 2658 HB 859 --Evolution, theory of; academic freedom------__------1181, 1307 HB 857 --Eye, ear and dental examinations for students ....--1008, 1196 HB 172 --Eye protective devices; students and
teachers ._-___.--_.-------__-----__...171, 212, 487, 1163 HB 837 --Exceptional children; special educational
facilities .------.----------.___----------.__.1003, 1192 SB 254 --Federal and State governments; prescribe a
course of study ____--------.------2039, 2096, 2191, 2610, 3081 HB 362 --Georgia Educational Accountability Act; enact--.---339, 417 HB 369 --Georgia Educational Accountability Act;
enact -----------.------.----------------340, 418, 2192, 2688 HB 367 --Georgia Educational Research and Development
Act; enact .----_.------.----------------340, 418, 2003, 2508 HB 942 --Georgia Higher Education Assistance Corporation;
student loans ------------------1475, 1556, 1562, 1703, 3678 HB 898 --Georgia Proprietary School Act;
flight schools ------------------.1304, 1372, 2465, 2515, 3372 SR 93 --Grants to qualified students who are children of deceased
servicemen and to certain veterans; amendment to the Constitution --------------------------1572, 1573, 1653 HR 99 --Illegal Use of Dangerous Drugs in the High Schools and Elementary Schools Study Committee; create ------------_----------....... .....__.._...__.278 HB 364 --Immunization prior to admission ....-- 339, 417, 426, 511, 1328 HB 479 --Kindergartens; compulsory school attendance ............----___--.....--.......... ..464, 560, 1199 HR 187-736 --Leases for land, buildings or facilities; amendment to the Constitution --------------------789, 861 SB 232 --Loitering on school premises without legitimate cause; prohibit --.____..---- 1780, 1782, 1892, 2610, 3528, 3680 HB 1 --Minimum Foundation Program of Education; Ad valorem tax for education; reduction of local funds ----------58, 76, 161, 187, 2371, 2452, 2517, 2521, 2542,
2896, 3012 HB 365 --Minimum Foundation Program of Education;
allotment of additional personnel ....... ..------..339, 417

4030

INDEX

HB 1125 --Minimum Foundation Program of Education; allotments --..-.-...-.._....__,,----1874, 1996, 2192, 2508, 3151
HB 251 --Minimum Foundation Program of Education; eliminate local funds -----.--_--..._._....____.--__._______245, 310
HB 541 --Minimum Foundation Program of Education; eliminate local funds __----.--.------___________________________642, 628
HB 361 --Minimum Foundation Program of Education; instructional materials and media ....__.____.___..............__.____339, 417, 797, 990, 2040
HB 432 --Minimum Foundation Program of Education; local units; capital outlay _._._._------------_-409, 482, 1655, 2130, 3151
HB 480 --Minimum Foundation Program of Education; operation on a year-round basis--464, 560, 1655, 2756, 3678
HB 50 --Minimum Foundation Program of Education; preschool children ..__..____.__---.--...--......___.--.--..------109, 142
HB 64 --Minimum Foundation Program of Education; professional school personnel; certification and classification .__________--...._...._................__._____..........113, 145
HB 968 --Minimum Foundation Program of Education; shorter school hours __________..............._................._..__1549, 1649
HB 57 --Minimum Foundation Program of Education; special assistance funds.-.....-------------110, 143, 161, 266, 594, 1975, 2542
HR 293-1118--Minimum Foundation Program of Education Study Committee; create ___________________1747, 1890, 2003, 2508, 3375, 3475
HB 366 --Minimum Foundation Program of Education; teacher allotment ..-...,,.___-_-.--...........-_..._______-.340, 417, 1019
HB 557 --Minimum Foundation Program of Education; teachers and personnel; allotment ______________.544, 630
HR 363 --National Direct (Defense) Study Loan Program; Congress urged to continue ___...-----.._....,,._------.--.--.....2866
HB 421 --Preschool educational facilities; establish and maintain ........_..---------.....--------------.407, 480, 1020
HB 155 --Properties; self-insurance plan ......................_.____166, 208, 1760 HR 9 --Public education; relative to allowing students
to enter school after certain deadline .......,,.............. 63 HB 145 --Public School Employees' Retirement System;
age requirement .----.._--_------------.--..--_..--,,,,----164, 206 HB 347 --Public School Employees' Retirement System;
contributions --._.................-------_....--._._._..---304, 363 HB 144 --Public School Employees' Retirement System;
disability allowance ----------_.__--~--_--.------.--_-----164, 206 HB 154 --Public School Employees' Retirement System;
early retirement .._____.....--....--..--.166, 208, 642, 767, 1512 HB 148 --Public School Employees' Retirement System;
increase benefits ___._____----.-._...-..-...--_.--_-..-.--.._.._168, 207 HB 315 --Public School Employees' Retirement System;
prior service credit..--..........297, 358, 1658, 2560, 3380, 3481 HB 253 --Public School Employees' Retirement System;
termination of membership ____________________________________246, 311

HB 475 HB 442 HB 169 HB 893 HB 363 SB 335 HB 368 HB 278
HB 39 HB 283 HB 193 HB 289 SB 40 SB 41 HB 195 HB 167 HB 391 HB 392 HB 194 HB 197 HB 36 HB 168 HB 196 HB 182 HB 162 HB 276 HB 474

INDEX

4031

--Quality Education Achievement Act ___.___--------------463, 559

--School boards; liability insurance for

employees -------------------------.411, 483, 1760, 2119, 3371

--School lunch and extracurricular athletic and

band programs; funds ____________________.170, 211, 426, 526, 1327

--Sickle Cell Anemia; tests made prior to attending

public schools --------.------------------1188, 1312, 1760, 2919

--State Board of Education; powers............339, 417, 426, 800

--Student grants to independent colleges and universities;

academic classification __..__.__..._ 2358, 2361, 2464, 2994, 3585

--Teacher Evaluation and Tenure Act;

enact ______________________________________340, 418, 2192, 2679

--Teachers' contracts; local boards of

education ...._...._..._.__._._..._.___.289, 351, 1019, 1246, 2039, 2124,

2359, 2361, 3014, 3536

--Teachers; Health Insurance Plan; State

Personnel Board ______________________ 107, 140, 258, 387, 2644, 2736

--Teachers' Retirement System; City of Atlanta;

transfer of funds

291, 353, 2195

--Teachers' Retirement System; creditable

service .._.___________________.___.__._____199, 252, 1484, 2117, 3374, 3474

--Teachers' Retirement System; creditable service .....293, 354

--Teachers' Retirement System; creditable

service benefits ._.____.___._....__..__..__.._. 925, 929, 1017, 1895, 2445

--Teachers' Retirement System; disability

benefits

-925, 929, 1017, 1895, 2495

--Teachers' Retirement System; disability

retirement

200, 252, 2006, 2377, 3009

--Teachers' Retirement System; exemptions and

immunities ____.__._._.___..___._.____._.______._.__._.170, 211, 428, 534, 2233

--Teachers' Retirement System;

investments ................_......._............_... ......305, 364, 1484, 2507

--Teachers' Retirement System;

investments ___._______________...............------..._ 305, 364, 1484, 2507

--Teachers' Retirement System; leaves of

absence _._._._..___.__..._..._._...._..........__.... 200, 252, 574, 816, 3009

--Teachers' Retirement System; local

systems ________...__..........-....._____..._._..___...__....200, 253, 862, 1264

--Teachers' Retirement System; military service

credit; Vietnam War ...___._.._._._.____..._.__.______.._._._._____.. 106, 139

--Teachers' Retirement System; public

school nurses ______.._.__....______..._.. .__..__.__.._.__.___170, 211, 574, 1160

--Teachers' Retirement System; reduce creditable

service ..........................................................200, 252, 574, 818

--Teachers' Retirement System; retirement

after 30 years' service ___._______._________________________.____________197, 250

--Teachers' Retirement System; retirement

prior to July 1, 1970 ............169, 210, 1895, 2127, 3155, 3216

--Teachers' Retirement System; withdrawal

of contributions .----..----------------------...------._..289, 350

--Teacher's Right to Eat Act ........----------____..__.____.______463, 559

4032 HB 483 HB 431 HB 150

INDEX
--Vocational Education Services, Division of; create within State Department of Education.----.466, 561
--Vocational programs and grades 4 and 5; pupilteacher ratio --------------------------------------.409, 481
--Vocational schools; funds .........._.. ._.. 165, 207, 364, 431, 1570

SEA OATS SB 255

--Cutting, harvesting, removing or eradicating; prohibit _.----_----------------.1390, 1394, 1480, 2320, 3081

SEA WALLS
HR 112-430 --Revenue anticipation obligations; amendment to the Constitution __.._..... ..___.._ ........... 409, 481, 2597

SEAPORTS SB 285

--Department of Transportation; financial support ................ ..1391, 1394, 1481, 1894, 2967

SEAT BELTS HB 22

--Mandatory while motor vehicle in motion....------------_--_-----_------__.----_--_------.62, 80, 641, 875

SECRETARY OF STATE
HB 280 --Acts and Resolutions of the General Assembly; compilation .......--...-.-..289, 351, 642, 821, 1780
HR 103-332 --Cobb County; land survey ............301, 361, 642, 968, 1571 --Communication from.------.5, 64, 279, 1459, 1983, 3688, 3689
HR 176-680 --Corporate powers, how granted; amendment to the Constitution -.685, 790, 1200, 1456, 2235
HB 926 --Georgia Commission for the National Bicentennial Celebration; create ...... -.-.-_.----.1471, 1553, 2004, 2264, 3011
HB 619 --Lobbyists; financial statements ........................616, 692, 1021 HB 520 --Lobbyists; registration fee -......--.-..-..-.474, 567, 1482, 1705 HB 832 --State officials; annual
statements of income ___--,,--_,, ...........--...--....1003,1191

SECURITIES HB 264

--Georgia Securities Act of 1973; provide for --..................... 286, 349, 1019, 1296, 1395, 2636

INDEX

4033

SECURITY AGENCIES

HB 49

--Georgia Board of Private Detective and Private Security Agencies; create .----......-..........-...-....-109, 142, 703, 931, 2358, 2430

SECURITY GUARDS
--Security Guard Qualifications Committee report ------------------......_.__._.._______3745

SELLERS, HONORABLE BERYL HR 385 --Commend .--------------------------__.----.3640

SELLFORS, HONORABLE ERNEST HR 410 --Commend ..... ...

._...---------------- ....... .....3657

SENATE

HR 150-597 --Apportionment effective after 1980 census; amendment to the Constitution ...._.....--........553, 637
SR 3 --Notify House that Senate has convened ----------------34, 84

HR 61-191 --President; election viva voce; amendment to the Constitution --------------------------- 199, 252,1021

HR 21-58 --President of the Senate elected viva voce from the body; amendment to the Constitution ----..._--_...--112, 144, 1021

SR 25

--Provide for four-year terms for members; amendment to the Constitution --------..----1108, 1108, 1196

SENATORIAL DISTRICTS

HB 667

--State Senatorial Districts; Fulton County boundaries --...------------_----..625, 700

SESSIONS COMPANY, INCORPORATED HR 108-387 --Enterprise, Alabama; compensate --344, 421, 2990, 3055, 3675

SHARPE, HONORABLE T. MALONE HB 297 --Express sympathy for passing of --.__-____._.__2098

4034

INDEX

SHEHANE, HONORABLE GEORGE ELLIS HB 46 --Express sympathy for passing of __----..------_______-__________151

SHEPHERD, HONORABLE E. J. HR 422 --Commend ----._____-__----____----_--_----____._._..___.._3666

SHEPHERD, REV. H. F. Prayer offered by ___-___----_____------_------__----_______1303

SHERIFFS HB 204 HB 1162 HB 70 HB 190 HB 205 HB 186 HB 146

--Arrest identification records; return to person if acquitted ------------------_.202, 255
--Arrest powers outside boundaries ------------------1993, 2188
--Newspapers; preservation of advertisements ----_----,,----------------114, 146, 259, 322
--Pistols or revolvers; license applications ------------------------------198, 251, 1200, 1358
--Service of official documents; unincorporated areas of municipalities ---------- 203, 255
--Sheriffs' Retirement Fund of Georgia; increased benefits ...._._.--.197, 250, 574, 956, 2636
--Sheriffs' Retirement Fund of Georgia; retirement age, certain members ----165, 207, 574, 954, 2635

SHIFLETT, HONORABLE RONNIE TED
HR 55-161 --"The New Frontier"; adopt as new State Poem ------_____------------------_---- 168, 210

SHOPLIFTING SB 400 --Unwarranted false arrest suits ----__---2851, 2981, 2989

SHORTER COLLEGE HR 161 --Commend ------------------------..____..___.__.___.582

SHRIMP
HB 919 HB 62

INDEX

4035

--Count per pound ,,_____.,,,,,,__,,,,_,,,,,,_.,,_._._ .__._.__._____1370, 1478 --Shrimp used for bait; use of
power-drawn nets ___._____...______________________113, 145, 259, 323

SICKLE CELL ANEMIA

HB 893

--Tests made prior to attending public schools ._______._.__.______.____._______1188, 1312, 1760, 2919

SKY VALLEY HR 195

--Ski slope in Rabun County; best wishes for continued success ............__________________________808, 1105

SLUM CLEARANCE
HR 128-430 --Land acquisition; amendment to the Constitution .........................._________________.____466, 560
HB 476 --Urban Redevelopment Law; land acquisition for persons displaced __________________._..._.._-.___._464, 559

SMITH, E. MITCHELL HR 105-376 --Compensate

.._........_.,,,,_._..___ 342, 419, 2002, 2247, 3157

SMITH, HONORABLE, GEORGE L. II

HR 423

--Address by ___.______-_._____.__________13 --Commend ____________________________________________..3666 --Communication from ________________.1731, 2983, 3682, 3685, 3687 --Election as Speaker _______________________________________12

SMITH, ELDER GUY E. --Prayer offered by __.__________.._._._________________238

SMITH, HONORABLE LEON HR 350 --Wishing speedy recovery __--_,,_.._.._.__...______-_____2773

4036

INDEX

SMITH, MARTIN STERLING HR 131-480 --Compensate -._..__.._.--_.____............._..._______________________.465, 561

SMYRNA, CITY OF

HB 965 HB 966

--Corporate limits __-_________.______1548, 1649, 2008, 2013, 2639 --Corporate limits _.___.________.______._...____1548, 1649, 2008, 2013, 2639

SNELLVILLE, TOWN OF

HB 1047

--Change name to City of Snellville ........_................-.-1645, 1757, 2198, 2201, 2849

SNOW STORM
HR 244 HR 245

--Relative to ________.______..___,,_,,,,._ ... ____________________.___,,._ -1497 --Relative to .___-___---_._-.__..._.___.._______________1498

SNOWMOBILES

HB 269

--Off-Road Vehicle Act of 1973; provide for __--___-_,,_.__.,,__________--___...__.__,,_._._..287, 349

SOCIAL SECURITY ACT

SB 266

--Cooperative educational service agencies; eligiblity .............._.. 1391, 1394, 1481, 2611, 2020

SODOMY
HR 65-202 --Aggravated sodomy; parole prohibitions; amendment to the Constitution ,,.._._.__.___.___.___.201, 254

SOIL AND WATER CONSERVATION DISTRICTS LAW

HB 815 HB 306

--Advisory Committee; composition ___._____.999, 1189, 1483, 1824, 3008, 3063
--State Soil and Water Conservation Committee; merit system of employment __....-----_____.__.___.__..296, 357, 366, 972, 2233

INDEX

4037

SOIL EROSION
HR 112-430 --Beach erosion protection systems; revenue anticipation obligations; amendment to the Constitution ........_______..........409, 481, 2597
HB 1070 --Erosion and Sedimentation Act of 1973 ......------1738, 1883 SB 255 --Sea oats; prohibit cutting, harvesting,
removing or eradicating ___.________1390, 1394, 1480, 2320, 3081

SOLID WASTE

HB 808 HB 811 HB 1009

--Revenue Bond Law; expand definition of undertaking ,,.._______.------------.-918, 1016, 2004, 2449, 3373
--Solid Waste Management Act; injunctive relief _______._________.918, 1017, 2320, 2873, 3291, 3312
--Water Quality Control Act; permits ,,,,.._,,.__. 1637, 1751, 2320, 2695, 3301, 3525

SOPERTON, CITY OF HB 492 --City Court; judge's salary .....---.___._..468, 563, 643, 647, 1773

SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY HR 129-480 --Waynesboro, Georgia; compensate .--465, 560, 2003, 2247, 3157

SOUTHERN GROWTH POLICIES AGREEMENT HB 909 --Enact ......__.__........ ._.._..__._..___.____._..1306, 1374, 2005, 2499, 3676

SOUTHERN NATURAL GAS COMPANY

SB 111

--State Properties Control Commission; property easements in Chatham County ._......_._...._..._..... _..__...______.__._1914, 1915, 2000, 2468, 2966

SOUTHWEST DEKALB HIGH SCHOOL

HR 366 HR 306 HR 362

--Basketball Team, commend ___------__-.____--_----.___........2869 --Football Team; commend ____--._..______.....--___..__________.2105 --Lady Patriots Basketball Team; commend -------_--......2865

SOUTHWEST GEORGIA

HR 229

--Military Assistance to Safety and Traffic Program; Governor urged to make available to citizens ___.------__--1150, 2798

4038

INDEX

SPALDING COUNTY
HR 204-832 --State Court; Superior Court; sureties ..................----..............1003, 1191, 2323, 2948

SPARKS, REV. DONALD J. --Prayer offered by ....__........... -..........,,--..._.,,....-..,.........._ ._ ..541

SPARKS, TOWN OF HB 975 --Mayor's term of office ... .____..._^_.1550, 1650, 1896, 1899, 3362

SPORTS EVENTS (See Admission Fees, Amusements, Athletic Events)

HB 807 HB 597 HB 703 HB 706

--Admission tickets; excise tax ......---.._____..___....___918, 1016 --Admission tickets; regulations ------..-.....--.-.---..-----.-553, 637 --Admission tickets; service charge ..... 690, 794, 924, 1111, 2041 --Sunday business activities; amend
Criminal Code .._..__ ..__....__ ..690, 794, 1199, 1629, 2194, 2952

STAMPS, TRADING HB 260 --Display of cash equivalent value ............. _........._.........._248, 312

STANBURY, JAMES E. HR 48-161 --Compensate _.________..________-.._____.__....-______.__..--___.,, ...167, 209

STARR, SENATOR TERRELL --Communication from .__..........._.__........____.._.........__.........3685, 3685

STATE AGRICULTURAL LAND EVALUATION BOARD HB 106 --Create ___.._________.__________...-._____._..______.__.........130,178

STATE AUDITOR

HB 933

--Part of Legislative Branch of Government ........1473,1555, 2467, 2537, 3155, 3404, 3545, 3591, 3594, 3595, 3623, 3679

INDEX

4039

STATE BAR EXAMINATION

HB 462 HB 5 HB 4

--Educational requirements; exceptions and exemptions --------------------_------------.---462, 558
--Graduates of nationally accredited law schools --------------------------__------..----.68, 77, 259, 668
--Students enrolled in last two quarters of last semester of legal study _.-__.___--.58, 77, 81, 259, 1293

STATE BOARD OF CORRECTIONS (See Prisons and Prisoners)

HB 342 HB 724 HB 411 SB 146 SB 144
HB 448 SB 143
HB 449 HB 953 HB 924 HB 380
HB 381 SB 209
SB 300 HB 982

--Director's salary .__.__------.------------------____-----303, 362 --Georgia Correctional Industries
Administration; competitive bids -- ----------787, 859 --Georgia Correctional Industries
Administration; membership ------348, 424, 797, 1161, 2243
--Georgia Prison Industries Administration; services _______ .1106, 1110, 1198, 2197, 3062
--Inmates authorized to work at paid employment; disbursement of funds ------------------------1106, 1110, 1197, 2197, 3061
--Inmates; penalty for possession of a deadly weapon ----.------------412, 484, 487, 1119, 2042
--Inmates transferred to U. S. Attorney General --------------1106, 1110, 1197, 2196, 3059
--Jail Standards Study Committee reports ----------------3713
--Jury duty; exemptions ________.__..____.__________----____--------412, 484
--Mail censorship __----.._ .....------------. _.__.,,.. ....1546,1647
--Misdemeanor offenses; sentences served on weekends ._______.....--_.________,,..----.___.----1371, 1478
--Pardons and paroles; benefits upon release --------------------------343, 420, 797, 1282, 2233
--Penal Institutions of the State subcommittee report ..----..--------__------- ...._----.3724
--Prison transfer from state to county institution; written consent ----------------------343, 420
--Transfer of prisoners to State institutions within 30 days after conviction ----_. . 1912, 1915, 2000, 2801, 3588, 3681
--Transfer of prisoners while appeals are pending ...... __.... _._.__. 2235, 2238, 2318
--Work-release programs; participation _.._______...----------------------1551, 1652, 2468

STATE BOARD OF EQUALIZATION HB 701 --Composition ..___--...,,_------------------_---- 690, 794

4040

INDEX

STATE BOARD OF PARDONS AND PAROLES (See Probation, Prisons and Prisoners)

SB 326

--Aged and disabled inmates; eligibility for parole ....._...__._._......._.............__.2636, 2779, 2794

HR 64-202 --Aircraft hijacking; prohibitions; amendment to the Constitution .__.---,,_-__.._.__--____________ 201, 254

HR 68-202 --Armed robbery; parole prohibitions; amendment to the Constitution .,,...-._.._........_..___________ 202, 254

HR 26-98 --Citizenship immunities as a result of conviction of a crime; restoration; amendment to the Constitution _........ 127, 175

SB 226

--Crime of murder or rape; eligible for parole only after serving 20 years ........._...._.1513, 1515, 1559

HB 728

--Eligibility for parole; rules and regulations ____________.__,,______...................__..___._........787, 860

HB 337

--Increase size of Board to 5 members .___.....-..______........-.._..._......302, 361, 487, 592, 2040

HR 66-202 --Kidnapping; parole prohibitions; amendment to the Constitution __----________,,_.-__________ 202, 254

HR 32-98 --Life imprisonment for crime of murder; parole prohibited; amendment to the Constitution ______________________.____..______.____._..__._._____________128, 176

HR 82-280 --Life imprisonment sentences; parole prohibitions; amendment to the Constitution ....._._.__._.__........___.___.........-___..._.........._._.289, 351

HR 90-280 --Life imprisonment sentences; parole prohibitions; amendment to the Constitution ._.._,,......___,,_...._

291, 352

SB 275 --Membership __..___________.___..__.1670, 1672, 1759, 2005, 3027, 3280

HR 88-280 --Murder or rape; parole prohibitions; amendment to the Constitution _______--_________,,---------290, 352

HR 89-280 --Perjury; parole prohibitions; amendment to the Constitution ._._____...__.___________________________.__._._.._..___.291, 352

HR 207-855 --Powers; amendment to the Constitution __.._............_..1007, 1195

SB 325 --Powers and duties _-_..........___._._.__. 2359, 2360, 2463, 2991, 3302

HB 90 --Powers and duties; change certain provisions ....__..._.... 125, 174

HR 67-202 --Rape; parole prohibitions; amendment to the Constitution .___.........._.__._._._.........._._.._.............._.202, 254

HB 236

--Second or subsequent offenses; eligible for parole __....._......___,,___.__.__,,__________.--_._______242, 308

HR 65-202 --Sodomy; parole prohibitions; amendment to the Constitution __,,_____._______________________.201, 254

SB 166

--State elective or appointive officials; compensation for appearing before board ___.............____..__..-......._.____....2234, 2238, 2317, 2992

INDEX

4041

STATE BOARDS

HB 715 HB 415 HB 92 HB 831 HB 113 HB 650 HB 907 HB 41
HB 49
HB 433

--Architects, State Board; certification _._.-__..-___~-_____784, 857

--Barbers, Georgia State Board

of; create ,,._,,..._._,,,,_.._..__..406, 479, 486, 772, 2490

--Dental Examiners, Board of;

compensation __,.......______.___.-....__.126, 174, 702, 1291, 3009, 3027

--Dental Examiners, Board of;

provide for __.......__.___...........___..........._____...___...._...-.....1002, 1191

--Georgia Contractors Licensing

Board; create ._-__________-_____..___.--___________.__.131, 178, 703, 976

--Medical Examiners, State Board of;

aliens' eligibility for license _________-622, 697, 1314, 1625, 3677

--Members' eligibility to appoint

chief executive officer ....____.__.........._.___.....-__..___.........1306, 1373

--Nursing Homes, Georgia State

Board of; education programs for

administrators .._.._______........___...___.... 107, 140, 486, 1264, 2042

--Private Detective and Private Security

Agencies, Georgia Board of;

create __..._._...._._._____-..-._____.___.....109 ( 142, 703, 931, 2358, 2430

--Professional Sanitarians, State

Board of Examiners for

Registered Professional Sanitarians;

terms .. . .

. . ._.-.. .._......_.... 348, 425, ,486, 958, 3371

STATE BUILDING ADMINISTRATIVE BOARD

HB 670 HB 1119 HB 840 HB 429

--Assignment; Department of Human Resources _,,._--___626, 700 --Definitions .....__..______.....,,._.-,,,,----- 1747, 1890 --State Codes; jurisdiction ___..........______.__..1003, 1193, 2196, 2593 --State Office of Housing Section;
supervisor's duties ...._.......... ....._.._.__..--.....__.408, 481, 1763

STATE BUREAUS

HB 907

--Members' eligibility to appoint chief executive officer _.________..__.______________________________.1306,1373

STATE CAPITOL HR 328 --Urge relocation ....._.-_______.......-.____,,..-..-...__._...__.--.__,_2368
STATE CONSTITUTION HR 127-480 --Constitution Revision Commission; create .__.__-..465, 560, 1485 HR 15-58 --Constitutional amendments; date of election; amendment to the Constitution ....____........._...__......_..__._..lll, 143, 575, 1173, 1227

4042

INDEX

HR 8-27 --Constitutional amendments; special election;

amendment to the Constitution ___----______._____________63, 81

HR 71-217 --Constitutional amendments; special election;

amendment to the Constitution

___________ 206, 257

HB 359 --Constitutional Convention; provide for _______ 338, 416, 575, 1176

HR 429 --Legislative Counsel instructed to

draft proposal for revision __...______________._.._________._...___._______3670

STATE COURT OF CLAIMS
HR 27-98 --Create; amendment to the Constitution ._.___._._._.______._________.___._.______127, 176, 365, 435, 3150

STATE DEFENDER HB 135 --Establish Office of State Defender _-_-_.____-____._-___136, 182, 573

STATE DEPARTMENTS

HB 435 SB 229 HB 783

--Department of Administrative Services; allocation of office space ___..__..______-_______._______-__409, 482, 578
--Georgia Health Code; sworn affidavits relating to violations .__________-.._.__________..._1572,1574, 1653, 2799
--Printing; procedure for showing number of copies and approximate cost ________._.___913, 1012, 1484, 1858

STATE DEPOSITORY BOARD

HB 321 HB 300

--Fiscal Division of the Department of Administrative Services; replace State Treasurer as member _____ 298, 359, 1019, 1275, 3360, 3482
--State depositories; state funds _________________ 295, 355, 1019, 1112

STATE ELECTION BOARD

HR 94

--Honorable William F. Blanks, of Macon County; election as member ___._.________-______-__--____.__276

STATE EMPLOYEES

SB 115 HB 744

--Employees' Suggestion and Awards Board; change certain provisions __________________649, 650, 701, 704, 1153
--Fidelity bonds; Department of Administrative Services __..____-______.__-___.__---_-_854, 920, 2801

HB 55 SB 202 HB 426 SB 131 HB 723 HB 325 SB 366

INDEX

4043

--Health insurance plan; State's contribution _.......-_._-..-..__._.....110, 143, 258, 316, 871
--Insurance; deferred compensation program _______________________________________ 2490, 2544, 2607, 2799, 3292
--Minimum compensation for all employees ...--__.-.________408, 480 --Moving expenses;
reimbursement ...._.-__..........,,-... 2642, 2778, 2792, 2192, 3246 --Sales to State agencies; exceptions
to prohibitions .....................___786, 859, 924, 1116, 2038, 3010 --State Personnel Board; Merit
System Compensation Plan ........__._..................299, 359, 1510 --Travel expenses incurred in conduct
of official business ____._.......___....2642, 2780, 2794, 2992, 3256

STATE EMPLOYEES' RETIREMENT SYSTEM (See Retirement)

SB 113 HB 346 SB 43 HB 6
HB 391 HB 210 HB 239 SB 65 HB 272 HB 390 HB 267 HB 192 HB 58 HB 273 HB 46 HB 334 HB 87

--Accumulated contributions; separate record ......_.____._.......___.._.1572, 1573, 1653, 1895, 3204
--Annual and sick leave; accumulation of days -_._....._......._..........,,..__.--.304, 363, 1316
--Department of Public Safety; Director's mandatory retirement __.........___1612, 1514, 1558, 2006, 3610
--Department of Public Safety, Uniform Division; Georgia Bureau of Investigation; widows' benefits ....__._......59, 77, 2321, 2654 3623, 3628
--Domestic life insurance companies; investments ...._____.__.........____._.'......._.._.-__.....805, 364,1484, 2507
--General Assembly members; creditable service __-........___..___.....-.._-.-__-_...-......~_204, 256,1484
--General Assembly members; creditable service __--.-..-...-_._.-.-..-.-....-,,....--.._......__..243, 308
--General Assembly; Messengers and Doorkeepers ....__...-......--__._...... 870, 873, 922, 1484,1702
--Georgia Legislative Retirement System; membership ..__.__........-....._._.-......_..____________288, 350
--Medical examination requirements .........__.305, 364, 1484, 2505 --Military service; creditable service .._....__........--....--....287, 349 --Pension Accumulation Fund;
Annuity Reserve Fund .....____..199, 252, 574, 2379, 3614, 3614 --Retirement after 35 years' service
regardless of age ....___..-......._.,,_.......--.. Ill, 143, 1484, 2884
--Tax Commissioners, tax collectors and tax receivers ......__..__.....-...-...--_._-......__-....--.--_.....288, 350
--Tax Commissioners, Tax Collectors or Tax Receivers; coverage ....108, 141, 1560, 1700, 2945, 3032
--Termination of membership _____________.___.___________.__________.302, 361
--Transfer from State agency to United States Government agency ............125, 173, 1316, 1436, 2359

4044 HB 124 HB 306 HB 75 HB 138

INDEX
--State Court employees; continuation of membership -----.-----__--_-------------------------134, 181
--State Soil and Water Conservation Committee ----------. 296, 357, 366, 972, 2233
--Superior, City or State Courts; employees of probation office _---_---,,-----,--------------------115, 147
--Superior Courts; State-paid employees of judges and district attorneys --------138, 184, 2611, 2879

STATE EXAMINING BOARDS

HB 10 HB 695

--Additional points for certain applicants; apply retroactively ------------------59, 78, 121
--Joint-Secretary; rules and regulations ---------------------- _688, 792, 798, 948, 2041

STATE FIRE MARSHAL

HB 1083

--Fireworks; public exhibitions or displays ---------_-,,---_------------------1740, 1885

STATE LITERATURE COMMISSION HB 643 --Create ---------------------- - --------_------------621, 696

STATE MERIT SYSTEM

HB 426 HB 325 HB 138

--Minimum compensation for all State employees --_-----.------.-------------------408, 480
--State Personnel Board; Merit System Compensation Plan ------------------299, 359, 1510
--Superior Court; State-paid employees of judges and district attorneys --------138, 184, 2611, 2879

STATE OFFICIALS

SB 108 SB 51 HB 311 HB 310 HB 309 HB 987
HB 394

--Annual salary and allowances --1108, 1111, 1199, 1200, 1364 --Annual salary and allowance ------------------1772, 1781, 1891 --Annual salary and allowance --_-------------------------297, 357 --Annual salary and allowance _----------_------------ 297, 357 --Annual salary and allowance -.--------------------296, 357 --Alcoholic beverage license restrictions;
elected officials ------------.--------..--,,--_------1553, 1653 --Candidates holding public office
must resign before qualifying to run for another public office --------------------344, 422, 575, 970

INDEX

4045

HB 338 HB 341
HB 339 HB 340
HB 335 HB 979

--Department of Administrative Services; Commissioner's salary _----__----__------------------302, 362
--Department of Administrative Services; Commissioner's salary fixed by appointing authority ------------------------_----303, 362
--Department of Banking and Finance; Commissioner's salary .------,,----------------------302, 362
--Department of Banking and Finance; Commissioner's salary fixed by appointing authority -------------------------___----303, 362
--Department of Transportation; Director's salary --___----_---_------------------302, 361
--Fiscal notes evaluating bills changing salary or allowance ----_---- ------1495, 1558, 1762

HB 35

--Garnishment; assent as prerequisite in garnishment --------------------------------106, 139, 1482

HB 32

--General Assembly; annual salary and allowance --------------------------------106, 139,1484, 1576

HB 343

--General Assembly; annual salary and allowance --------------_----------------------303, 362

HR 255-978 --General Assembly; increases during term of office; amendment to the Constitution ------------------------------1551,1651

SB 252 --Grand jurors; qualifications ------.2642, 2779, 2793, 2991, 3254

HB 832 --Income; annual statements of income ----~_--~----__1008, 1191

HR 239-942 --Increases during term of office; amendment to the Constitution ------------.----.----1475, 1557

HR 186-734 --Increases or decreases during term of office; amendment to the Constitution --------_----.--_--_-_.__._----__----789, 861

HB 786

--Introduction of bills in the General Assembly affecting salaries ----------------------914,1013

HB 312

--Judges, justices, district attorneys; annual salary and allowance --------------------_297, 357

HB 313

--Lieutenant Governor; General Assembly; annual salary and allowance ----------------------297, 357

HB 723

--Sales to State agencies; exceptions to prohibitions ----------------786, 859, 924, 1116, 2038, 3010

HB 342

--State Board of Corrections; Director's salary ....------------___--------------------308, 362

HB 336

--Supervisor of Purchases; annual salary and allowance --------------------302, 361, 1658, 2702

STATE OF REPUBLIC COMMITTEE
--Committee Report _----------------_-------------------- 3756 --Interim committee report --_--------------.----------------3756

4046

INDEX

STATE PARKS
HR 318-1197--General Coffee State Park; convey property ___-_______________-__.2312, 2462, 2468, 2653, 3370
HB 986 --Honorary permits ___.___________________________-____.______..___.1552, 1652 HB 755 --Jekyll Island-State Park Authority; amend
by-laws ___________._______________----------_______..__._ 856, 921 HB 555 --Jekyll Island-State Park Authority;
membership ____,,,,--____________--,,--------_________-__--- 544, 630 HR 295-1152--Pataula Creek State Park; rename
"George T. Bagby State Park" -_____-__._.A880, 1999, 2006, 2447, 3150, 3309
--Recreational Facilities subcommittee report ____._--------3730

STATE PERSONNEL BOARD

HB 55 HB 39 HB 325 HB 426

--Employees; Health insurance plan; State's contribution --___-_--__.___.______----~-110, 143, 258, 316, 871
--Health Insurance Plan; public school teachers ________________________________107, 140, 258, 387, 2644, 2736
--Merit System Compensation Plan; longevity steps _______________________.___. _________.299, 359, 1510
--Minimum compensation for all State employees _______...__-_--__--_-_--_--______---- 408, 480

STATE PLANNING AND COMMUNITY AFFAIRS

HB 256

--Bureau of; Department of Community Development; functions transferred ___,,,,_________________._,,_.-.,,_._- 247, 311, 315, 394, 3371
--Committee report, interim ______,,____________.________________ 3758

STATE PLANNING AND COMMUNITY AFFAIRS POLICY BOARD

HB 747

--Area Planning and Development Commissions; development guides _____._-----_--_--___._.._._.854, 920, 1317

STATE POEM
HR 55-161 --"The New Frontier"; adopt as new State poem _____________________._..__..___......_....__,,_____ 168, 210

STATE PORTS AUTHORITY

HB 921 HB 1015

--Marshlands Protection Act; convey certain property ._-._~_--~_.~...--~._1370, 1478, 1659, 2045
--Membership _____________________________________________.1639, 1753

INDEX

4047

STATE PROPERTIES CONTROL COMMISSION

HR 379 --Amend House Resolution No. 327 providing

for election of a member ....._.......___........._........_......__..._.3881

HR 152-604 --Cobb County; lease certain property to City

of Marietta ....................................555, 638, 1484, 1696, 2851

SR 109 --Dickie Starnes Memorial, Inc.; lease

certain property ........ 2042, 2095, 2190, 2801, 3019

SB 336 --Georgia Ports Authority;

convey property ____.___._.._..._____.___._____.2360, 2361, 2464, 2468,

3194, 3348, 3378

SR 9 --Milledgeville-Baldwin County Recreation

Commission; transfer control ......--...___._...... 370, 374, 425,

428, 504, 872

SR 119 --Omni International, Inc.; lease

dated 1/12/60 _

. 2517, 2547, 2609, 2801, 3343, 3409

HR 327 --Provide for election of a member __......___..._.._... .....__......._..2368

HR 234-930 --Savannah River Bottom; license to

Georgia Marine Warehouse

Company

.

._ _ 1473, 1555, 2007, 2373, 3370

SR 126 --Savannah River Pipeline Corp. and Continental

Can Company, Inc., easement ......... 2095, 2097, 2191,

2801, 3091

SR 111 --Southern Natural Gas Company; property

easements in Chatham County,...__.--..____.. 1914, 1915, 2000,

2468, 2966

SB 377 --State Properties Code; provide for............. 2643, 2781, 2794,

2992, 3527, 3583, 3585, 3679

HR 154-604 --Stone Fort Land Company; approve

purchase bid ........... ........._____...._.....555, 638, 642, 722, 1513

STATE PROPERTY

HB 155

--Public school systems' properties; self-insurance plan .........._..__...._. 166, 208, 1760

STATE RACING COMMISSION HB 589 --Create ........-._.._.._._.._......_..._.__.._____ 551, 635

STATE SENATORIAL DISTRICTS HB 667 --Apportionment; Fulton County boundaries --,,..,,--.,..625, 700

STATE TREASURER

HB 321

--State Depository Board; Fiscal Division, Department of Administrative Services ......298, 359, 1019, 1275, 3360, 3482

4048

INDEX

STATESBORO, CITY OF

HB 1039 HR 416

--Rural Telephone Cooperative Act ........__......._.____..........._.___._._....1643, 1756, 2004, 2203, 2849
--Senior Boys All-State Basketball Team; commend .___......________,,_..._____ ....___.___ ..___._....__.3662

STATEWIDE PROBATION ACT HB 1027 --Judge may probate pre-determined sentence --.----1641, 1754

STEPHENS COUNTY

HB 254 HB 497 HB 496

--Coroner's salary __.________......_______._.._._____246, 311, 705, 706, 1385 --Ordinary's Clerk; salary __.___.__..__.______469, 564, 643, 648, 1387 --Sheriff's salary ._____..._..___-_.______...__.______469, 563, 643, 648, 1386

HB 1075 --State Court; terms __________.....__ 1738, 1884 HR 59-178 --State-owned property; authorize
lease __.___.._______.._._.._.._...._.___.__....________..172, 213, 314, 376, 927 HB 495 --Superior Court Clerk's salary ____.....___469, 563, 643, 648, 1386
STEWART COUNTY HB 486 --Sheriff's deputies; salaries __.......____...467, 562, 643, 645, 1386
STEWART, MISS LUCY HR 403 --Sympathy for passing of .____._.___.____.._-_-_.._._---_-_... . 3652
STOCKBRIDGE, CITY OF HB 1142 --Corporate limits ___.__.__._____.1878, 1998, 2468, 2477, 3380, 3408

STOCKS
HR 209-871 --Ad valorem tax; out-of-state subsidiary corporations; amendment to the Constitution .---1183, 1308
HB 165 --Bank holding companies; stock regulations ----..__----___.__.____....-.-_____-....._____-_..___169, 211
HB 613 --Bank holding companies; voting stock _.._.__..........___.._.615, 691, 1313, 1471, 1524, 2852
HB 396 --Banking Laws; control of stock indirectly ...___.-............_.........__..........__.........._......._.._..34B, 422
HB 612 --Banking Laws; merger or consolidation ..._..._____....... 614, 691, 1313, 1471, 1526, 2852

SB 339 HB 571 HB 264

INDEX

4049

--Corporations; certain stock classes; vote required to increase or decrease _______________._______.__.2491, 2545, 2608, 2798, 3115, 3680
--Corporate charters for stock and mutual insurers; Georgia Business Corporation Code _------.--------------.----548, 632, 703, 1158, 1778, 1972
--Securities Act of 1973; provide for ------._..------.--------.286, 349, 1019, 1296, 1395, 2636

STONE FORT LAND COMPANY
HR 154-604 --State Properties Control Commission; approve purchase bid __--------------.665, 638, 642, 722, 1513

STONE MOUNTAIN JUDICIAL CIRCUIT

HB 1086 HB 582
HB 17
HB 583 HB 581

--Add one judge .....

...._....... 1741, 1885

--Court Reporter; clerical

employees ___________._._-_________.______..___.__550, 634, 1201, 1207, 2036

--DeKalb County Superior Court; provide for

six terms annually ----..._.. 61, 79, 258, 315, 1224

--Judge's salary -

_

. 550, 634, 1201, 1208

--Official court reporter's salary ....._. 550, 634, 1201, 1207, 2036

STONE MOUNTAIN MEMORIAL PARK

HR 396 SB 233

--Flame of Unity; urge support of installation and maintenance --_.------------ ..._._3647
--Stone Mountain Memorial Association; eminent domain powers ............. ----------..1913, 1916, 2000

STUDENT LOANS

HB 942 SB 335 HR 363

--Georgia Higher Education Assistance Corporation ----,,___._------__________.1475, 1556, 1562, 1703, 3678
--Grants; independent colleges and universities; academic classification ______....... 2358, 2361, 2464, 2994, 3585
--National Direct (Defense) Study Loan Program; Congress urged to continue...--------------......--------......2866

SUBDIVIDED LAND

HB 852 HB 731

--Georgia Health Code; health and sanitation standards __--_------------.. -- ._-------- 1007, 1194
--Land Development Act of 1972; out-of-state sales ------_------____-__788, 860, 1317, 1452, 3152

4050 HB 730

INDEX
--Land Development Act of 1972; performance bond --._____--------------------------788, 860

SUMMERVILLE, CITY OF HB 634 --Close portion of Favor Street ...........619, 695, 863, 869, 1570

SUMTER COUNTY
HB 1164 --Board of Education; reconstitute _--.......__ 1993, 2189, 2469, 2482, 3154
HE 267-1017--Courthouse bell; Secretary of State to procure appropriate plaque _____ 1639, 1753, 2007, 2511, 3153
HB 739 --Ordinary's salary ---------- ... 853, 919, 1485, 1487, 2232 HB 738 --State Court; salaries --------------852, 919, 1318, 1325, 2038 HB 740 --Treasurer's salary ------------------853, 919, 1485, 1487, 2232

SUNDAY BUSINESS ACTIVITIES

HB 324 HB 974 HB 706
HB 608
HB 149 HB 181

--Amend and repeal certain laws ...._________........__.___________ 299, 359

--Common Day of Rest Act of 1973; enact __________.... 1550, 1650

--Criminal Code; exceptions --------------690, 794, 1199, 1629,

2194, 2952

--Limit business activities on both

Saturday and Sunday ..__________---- ._._.

556, 639

--Sunday Business Activities Act; repeal ,,___________________-165, 207

--Sunday Business Activities Act;

repeal ----___.--------------.196, 250, 2004, 2525, 2645, 2921

SUPERIOR COURTS (See Courts)

HB 157 HB 199 HB 482 HB 318 HB 530 HB 70
HB 323
HB 591
HB 352

--Adoption; investigation and report;

amend laws _______._.......________......-..__________......_______________....167, 208

--Clerks; civil cases; fees ____.------------

200, 253, 1199

--Clerks; filing and indexing maps and surveys.-------466, 561

--Clerks; minimum salaries ------------ 298, 358, 574, 677, 719, 1316,1471,1535,2894,2914
--Clerks; office hours ----_----___--_----______-----___.__.476, 569

--Clerks; preservation of newspapers in which advertisements appear ------------114, 146, 259, 322

--Clerks; retirement benefits; armed forces credit .._--------------------------. 299, 359, 2639

--Clerks; traffic violations; submission of certain data ----------------____------------ 552, 636

--Corporation charters; powers .----------_337, 415, 572, 659, 1328, 1970

INDEX

4051

HB 580 --Dependent children; District Attorney required to represent plaintiff __._____.__.____-_______________.550, 634, 1656, 1820
SB 236 --Dependent children; District Attorney required to represent plaintiff __.___._._--.......1779, 1782, 1893, 2466, 3587
SB 136 --Judges and District Attorneys; compensation --.-,,..-_______________-______. 870, 874, 922, 2466, 3389
HB 32 --Judges and District Attorneys; salaries ___.___.______.____.___.,,_--_..__..________._..___ 106, 139, 1484, 1576
HB 832 --Judges; annual statements of income ______...____________ 1003, 1191 HR 41-135 --Judges; eligibility; amendment
to the Constitution __...._____.______..__._.__._..__.__.. 137, 183 HB 383 --Judges Emeritus; compensation for
certain duties _____________ 304, 363, 1560, 1729, 3371 HB 379 --Judges Emeritus; eligibility ___.,,....__.___-________________________ 304, 363 HB 159 --Judges Emeritus; widows' benefits ___.__.__._........._...___ 167, 209 HB 240 --Judges Emeritus; widows' benefits ___________....__.___ 243, 309 SB 42 --Judges' emeritus; widows' benefits ....................575, 576, 1640,
2006, 3609 HB 187 --Judges; non-partisan election __.______.. 198, 251, 1021, 1724, 1784 HB 559 --Judges; request by senior judge for
services by another judge ............................. 545, 630, 1482 HB 312 --Judges; salaries and allowance ________________ _________________ 297, 357 HR 39-135 --Jury selection; amendment to the
Constitution _________.______________.______............_ 136, 183, 573 HB 75 --Probation offices; State Employees'
Retirement System __.._......_.____.__._....___.__........... 115, 147 HB 138 --State Employees' Retirement System;
State-paid employees of judges and district attorneys .._____.._....____.____.______.____. 138, 184, 2611, 2878

SUPERVISOR OF PURCHASES

HB 336 HB 155

--Annual salary and allowance ................... 302, 361, 1658, 2702 --Public school systems' properties;
self-insurance plan ____________________________________________166, 208, 1760

SUPREME COURT (See Courts)
HB 131 --Appeals; interlocutory appeals upon petition ____________________..__.....__.__...___.________-..____.135, 182, 766, 1113
SB 367 --Bar examiners; appointment _______________ 2491, 2546, 2608, 2991 SB 29 --Interlocutory appeals upon
petition ___..__._.__._.-_.._._.__._ 1105, 1109, 1196, 1482, 3214 HR 40-135 --Jurisdiction; amendment to the
Constitution _____,,.._________,,_______.___._.__.______...... ...__...._._...___.136, 183 SR 12 --Jurisdiction; amendment to the
Constitution _................._......_..___.1513, 1514, 1558, 1761, 3059

4052

INDEX

HR 41-135 --Justices; eligibility; amendment to the Constitution _____----_----__..--_._.,,._. .......... 137, 183
HB 187 --Justices; non-partisan election------_________._______198, 251, 1021, 1724, 1784
HB 312 --Justices; salaries and allowance ._._.__--_----___----_ 297, 357 SR 131 --Review of rate orders of the Georgia
Public Service Commission; amendment to the Constitution ..---- -- . ....... 2851, 2979, 2988

SURVEYORS HB 922
HB 841

--County Surveyor; performance of duties by registered land surveyor.--__..__.----.__.. 1371, 1478, 1761, 2442, 3373
--County surveyor; qualifications .....__--.._...--....... -- 1005, 1193

SWAIN, HONORABLE EDWIN LINWOOD

HR 95 HR 330

--Commend ---------------.------ ..-----...... 272 --Express sympathy for passing of _--_______---------- 2549

SWAINSBORO, CITY OP HR 97 --Swainsboro Tigers' football team; commend ___----__.--.274

SWINDLE, MAJOR ORSON, III

HR 401 SR 184

--Commend ------------.. __--___--___________________ ....... 3651

--Commend

......

.,,--..2644, 2784

SYLVESTER, CITY OF HB 959 --Elections .--.....--.....--......------1547, 1648, 1896, 1898, 2635

T

TAGS (See Licenses, Motor Vehicles)

HB 160 HB 1094 HB 698

--Ad valorem tax refund procedure.--...167, 209, 430, 507, 1225 --Annual fees ____------._--.____-___.._..-.__..._.__-- 1742, 1887, 2320 --Disabled persons; issuance .------ 689, 793, 1483, 2512, 3152

HB 441 HB 891 SB 12
HB 846 HB 408

INDEX

4053

--Georgia National Guard; free

license plates ------------------------410, 483, 796, 1230, 1777

--License plates; replacement

of original

. 1187, 1311, 1657, 2494

--Motor Vehicle Financial Responsibility

Act _._.........__..___.....___.__-___-_-_._..__.1670, 1671, 1758, 2319, 3546

--Non-residents; requirements

.... 1006, 1193, 2195

--Penalty fee for late purchase--------..347, 424, 799, 877, 2234

TALBOT COUNTY

HB 776 HB 775

--Sheriff's expense allowance ----.... 911, 1011, 1376, 1383, 2356 --Tax Commissioner's salary ------911, 1011, 1376, 1383, 2356

TALIAFERRO COUNTY HB 714 --Small Claims Court; create --------------.784, 857, 1318, 1321

TALLAPOOSA JUDICIAL CIRCUIT

HB 322 HB 1176

--Judges and district attorney; salaries_________________________ 299, 359 --Special Investigators; powers ..._._.__...__...._...._.1995, 2190, 2196

TALMADGE, SENATOR HERMAN E. HR 175 --Joint Session to hear address by

.... ______________799, 1924

TANK FARMS

HR 287

--Petroleum Products Safety Study Committee; create ------.. ..------------ .....................___.1692

TATTNALL COUNTY

HB 515
HB 516 HB 517 HB 518

--Board of Commissioners; salaries.--._....--...._......473, 567, 705, 710, 1388
--Board of Education; salaries---.----.473, 567, 705, 710, 1388 --Sheriff's salary .........................----_-_474, 567, 705, 710, 1388 --Superior Court Clerk's salary ..... .... 474, 567, 705, 711, 1388

TAUBER, DR. FREDRIC M. HR 281 --Express sympathy for passing of .. ~ ...............

...------1687

4054

INDEX

TAX ASSESSORS

SB 154 HB 1096

--Counties; appeals _-__________.1106. 1110, 1198, 2467, 3258, 3376 --Property tax; Chief Appraiser's
appointment and duties __.___..---____________,,____.._._ 1742, 1887

TAX COLLECTORS

HB 1054 HB 273

--Minimum salaries .-..._______.---______._.1735, 1880, 2197, 2950 --State Employees' Retirement System _._._. _,,.._.- 288, 350

TAX COMMISSIONERS HB 1054 --Minimum Salaries __.___.______.______._____.1735, 1880, 2197, 2950

TAXATION (See Named Tax, Named Subject)
HR 177-696 --Ad valorem intangible taxes; exemptions; amendment to the Constitution _________________ ___.... 688, 793
HR 178-697 --Ad valorem intangible taxes; exemptions; amendment to the Constitution ________________,,_______. 689, 793
HR 22-78 --Ad valorem property tax; separate classification; amendment to the Constitution _________________________.________,,________._.___. 116, 147
HR 19-58 --Ad valorem tax exemptions for school purposes for certain elderly persons; amendment to the Constitution _______-----.-_--_-___---___________--_ 111, 144
HB 929 --Ad valorem tax; fair market value; municipal Board of Tax Assessors _...................... 1472, 1554
HB 1 --Ad valorem tax for education; Minimum Foundation Program of Education; reduction of local funds ............58, 76, 161, 187, 2371, 2452, 2517, 2521, 2542, 2896, 3012
HB 214 --Ad valorem tax for educational purposes; exempt persons 62 or older ____________________.__,,___,,,,_. 204, 256
HR 139-509 --Ad valorem tax for educational purposes; homestead exemption; amendment to the Constitution ,,.,,._._-.__--_...._.........472, 566
HR 142-540 --Ad valorem tax for educational purposes; homestead exemption; amendment to the Constitution ____________________________-_-_,,____________._.___. 542, 628
HR 84-280 --Ad valorem tax; homestead exemption; amendment to the Constitution _____________________________ 290, 351
HR 85-280 --Ad valorem tax; homestead exemption; amendment to the Constitution ______....__.___________._ 290, 352
HR 86-280 --Ad valorem tax; homestead exemption; amendment to the Constitution ________________,,___.__ 290, 352
SR 5 --Ad valorem tax; homestead exemption; increase; amendment to the Constitution ,,_____,,,,_____,,_,,__-_ 873, 923

INDEX

4055

HB 696 --Ad valorem tax; long-term real estate notes -------- 688, 792

HE 254-964 --Ad valorem tax; machinery; amendment

to the Constitution ------------..__._._----------------1548, 1649

SR 100 --Ad valorem tax; mobile homes; amendment

to the Constitution -- .---------------- .. 1914, 1915, 1999

HB 160 --Ad valorem tax; motor vehicle license

plates; refund procedure ........ 167, 209, 430, 507, 1225

HB 967 --Ad valorem tax; motor vehicles _____.___._......______.___ ____1548, 1649

HB 711 --Ad valorem tax; motor vehicles;

reciprocity with other states .........._._..._....... ........783, 857

HB 219 --Ad valorem tax; nonprofit

hospitals

.------ ...... 239, 306, 799, 877, 1513

HR 209-871 --Ad valorem tax; out-of-state subsidiary

corporations; amendment to the

Constitution

..

.... .1183, 1308

HB 781 --Ad valorem tax; property tax levy ._..........._.. .....__.__.912, 1012

HR 264-1012--Ad valorem tax; warehouses; amendment

to the Constitution _._..__._._._..__.__.__..__.......... ......_....__.1638, 1752

HB 18 --Air commerce; prohibit........... 61, 79, 1661, 2091, 3008, 3473

HB 333 --Alcoholic beverages; unbroken packages;

restrict hours for retail sales __.___..._.... ......... 301, 361

HB 737 --Alcoholic beverages; unbroken packages;

sales restrictions -.-.-..-.790, 862, 1022, 1845, 1918, 2518

HB 994 --Cattle; exemption of property from

taxation -------.-----------1634, 1749, 2324, 2557, 3374

SB 154 --County boards of tax assessors;

appeals ------------------1106, 1110, 1198, 2467, 3258, 3376

HB 470 --Counties; provide for grants for tax relief.---- ..... 414, 485

HB 625 --Department of Revenue; Commissioner's duties .. .... 617, 693

HR 325 --Department of Revenue; Commissioner's

duties; study committee created to

study HB 625 ................................. 2370

HB 1095 --Estate tax returns; regulations ........................._....... 1742, 1887

HB 107 --Excise tax; admission charges for public

amusement events _............_.._..._..._...._................... ..... 130, 178

HB 807 --Excise tax; admission tickets .... ..........

....... 918, 1016

HB 184 --Excise tax; alcoholic beverages ................................._...197, 250

HB 328 --Excise tax; cigarettes _...._.._._.._........_...._........................ 300, 360

HB 110 --Excise tax; food and drinks _...............

131, 178

HB 109 --Excise tax; hotels, motels and other

accommodations __...__._............_..._.._._...... ......................130, 178

HB 806 --Excise tax; hotels, motels and other

accommodations ...... ... ...... ... 918, 1016, 1317, 1978, 2034

HB 329 --Excise tax; malt beverages ... .. ....... 300, 360, 1763, 2067,

3263, 3286

HB 1110 --Excise tax; malt beverages ...._._.._..__..__...................._ 1745, 1889

HB 931 --Excise tax; malt beverages; consumption

within the household .................... . 1473, 1555, 1763, 2492

HB 750 --Excise tax; mixed drinks _..................... 855,920,1317,1862

HB 871 --Excise tax; mixed drinks .............. 1183,1308,2008,2697,

2853, 3519, 3568

4056

INDEX

HB 805 --Excise tax; municipalities; sale of meals ________._________917, 1016

HB 873 --Excise tax; wine _____.___.__-_____________1184, 1309, 1486, 1627, 3152

HB 1098 --Income tax; corporations; deduction adjustments _ 1743, 1887

HB 1100 --Income tax; corporations; payroll factor------__,,. 1743, 1887

HB 1011 --Income tax; counties and municipalities;

authority to levy local income tax ----___------____.1637, 1751

HB 1181 --Income tax; dissolved corporations_______ 2185, 2314, 2464, 2943

HB 622 --Income tax; exemptions for disabled persons

for transportation to and from work ._____________ _._ 616, 693

HB 1099 --Income tax; Federal Internal Revenue

Service; correction refunds __________________________________ 1743, 1887

HB 376 --Income tax; Georgia National Guard;

exemptions ___________ _--___--_--___--_-__------.__,,_----- 341, 419

HB 697 --Income tax; intangible property _______________________ 689, 793, 1317,

2115, 2230

HB 84 --Income tax; local option ,,._._-._...___. 124, 173, 1317, 2664, 2854

HB 80 --Income tax; local property tax credit ________________________ 116, 148

HB 216 --Income tax; local property tax credit ______________________ 205, 257

HB 11 --Income tax; married taxpayers with separate

incomes and file joint returns __________...._......_.______ ...... 60, 78

HB 207 --Income tax; municipalities to levy local

income tax ___.--------____.

203, 255

HB 1101 --Income tax; non-residents .___________...______._.__.._.___....___-1743, 1888

SR 147 --Income tax; prisoners of war or persons

missing in action in Vietnam conflict;

amendment to the Constitution ...___..._.___.__ 2643, 2778, 2793

HB 693 --Income tax; quarterly returns _____ 688, 792, 1317, 1613, 3371

SB 5 --Income tax; quarterly returns __..__________.___.____.1391, 1392, 1479

2994, 3195

HB 330 --Income tax; sales tax credit __-______-_.._-.___.._.____-._..____.____ 300, 360

HB 1056 --Income tax; tax credits to individuals

- 1735, 1881

HB 592 --Income tax; U. S. Internal Revenue

Code ___________________________________________________ 552, 636, 799, 1121, 3372

HB 1180 --Intangible Property Tax Act; banking

business; exemptions ___________________________________________ 2184, 2314

HB 412 --Intangible Property Tax Act; real estate

instrument securing long-term note ________ _____ 348, 424, 640,

1164, 3011

HB 1102 --Intangible Property Tax Act;

real estate instruments ______________________________._________1744, 1888

HB 801 --Intangible Tax Equalization Fund;

banks .__._.__._.. 916, 1015, 2192, 2523, 2538, 3545

SB 288 --Intangible tax returns; exemptions ________ 2491, 2545, 2607

HB 652 --Itinerant vendors; license tax ____________________ 622, 697

HB 163 --Motor Fuel Tax Law; liquid petroleum

products other than gasoline _________ 169, 210, 430, 663, 1327

HB 108 --Motor Fuel Tax Law; refunds ___.____.__.__..___...___._ 130, 178

HB 106 --Open Space Lands Assessment Act; State

Agricultural Land Evaluation Board _____,,___,,.__.... 130, 178

HR 34-113 --Property; assessment of certain property;

amendment to the Constitution __________________________ 131, 179

INDEX

4057

HB 1096 --Property; Chief Appraiser's appointment

and duties _.-------------------------

1742, 1887

HE 102-332 --Property classification; amendment to the

Constitution . ---------------------

_ . 301, 361

HB 97 --Property; purchase price; counties

and municipalities --------------------

_

127, 175

SB 348 --Property reevaluation and appraisal;

five-year periods ______________________________________ 2636, 2780, 2794

HB 1097 --Railroads and public utilities; annual tax

returns of all property --_.__.--------_--___.__------.. 1743, 1887

HR 111-430 --Revenue anticipation obligations; elections;

amendment to the Constitution ........409, 481, 642, 745, 1669

HR 230-909 --Revenue anticipation obligations; expand

purposes; amendment to the Constitution _----1306, 1374

HR 112-430 --Revenue anticipation obligations; public

parking and beach erosion protection systems;

amendment to the Constitution ___ _ ______ 409, 481, 2597

HB 593 --Revenue, Department of; confidential

tax information .................__.552, 636, 799, 1233, 3630, 3636

HB 1107 --Sales tax; claims for refunds; waiver

of period of limitations ____________________

. ... 1744, 1888

HB 1012 --Sales tax; counties and municipalities;

authority to levy local sales tax ..... _______ __ 1637, 1751

HB 834 --Sales tax; counties; authority to levy

local retail sales tax ____________________________

___ ____1003, 1192

HB 331 --Sales tax; counties levy local retail sales tax ........... 300, 360

HB 1109 --Sales tax; delinquent dealers; interest rate

1745, 1889

HB 1108 --Sales tax; delinquent dealers; penalty

for wilful intent to defraud __.............................. 1745, 1889

HB 1105 --Sales Tax; delinquent dealers; preservation

of all goods or equipment------------.--.--------. 1744, 1888

HB 1104 --Sales tax; delinquent dealers; surety bond

1744, 1888

HB 1216 --Sales tax; increase rate from 3 to 4% __________________ 2461, 2606

HB 388 --Sales tax; objects of art ..... __ 344, 421, 430, 498, 927, 1508

HB 1106

--Sales tax; property used or retained in production ----- ... ... __________

_ _ _ 1744, 1888

HB 1103

--Sales tax; returned property; clarify credit to be allowed .......... ... ......... _--..... _ 1744, 1888

HB 1215 --Sales tax; services __________________

.....-- .. 2461, 2605

SR 118 --Sales tax study committee; create ..... __ 2638, 2778, 2792

HB 631 --Sales tax; vending machines ____________

618, 694

HB 701 --State Board of Equalization; composition ........ _ 690, 794

HR 265-1012--Tangible property in transit; exemptions; amendment to the Constitution --...... ..... -1638, 1752

HB 409 --Tangible property; installment payments .......

347, 424

HR 29-98 --Tangible property tax increases; referendums; amendment to the Constitution ...

128, 176

HB 561

--Wine; tax equalization, domestic and

foreign wine __

...___ --------.

545, 630, 1022

4058 TAXICABS
HB 104 HB 60

INDEX
--Operation within corporate limits of municipalities -___-______-_,,.________________,,_.,,__ 129, 177
--Redefine "motor carriers" ___________________________ 112, 144, 262, 3678

TAYLOR COUNTY

HB 1187
HR 402 HB 1188 HB 1174 HB 1194 HB 1189

--Board of Commissioners' salaries--_______________ 2186, 2315, 2612, 2617, 3366
--4-H Club; commend ,,_._______________...._.______________________._____ __________3652 --Ordinary's salary ____._. 2186, 2315, 2612, 2617, 3366 --Sheriff's salary ________--,,.___,,______ 1995, 2190, 2612, 2615, 3366 --Superior Court clerk's salary_______ 2311, 2461, 2612, 2618, 3367 --Tax Commissioner's salary _,,__,,___,,__ 2186, 2315, 2612, 2618, 3366

TEACHERS (See Education, Schools)

HB 278 HB 39 HB 557 HB 365 HB 366 HB 283 HB 193 HB 289 SB 40 SB 41 HB 195 HB 391 HB 392 HB 167 HB 194 HB 197 HB 36

--Contracts; local boards of education ______ 289, 315, 1019, 1246,

2039, 2124, 2359, 2361, 3014, 3536

--Health Insurance Plan; State

Personnel Board ____._____^_______.107, 140, 258, 387, 2644, 2736

--Minimum Foundation Program of

Education; allotment ______,,____.__.544, 630

--Minimum Foundation Program of Education;

allotment of additional personnel _______ _______ .--______ 339, 417

--Minimum Foundation Program of Education;

teacher allotment -___--_..__ 340, 417, 1019

--Retirement System; City of Atlanta;

transfer of funds _______________________________________________ 291, 353, 2195

--Retirement System; creditable

service ___ ____________...._._...-._______199, 252, 1484, 2117, 3374, 3474

--Retirement System; creditable service _______________ 293, 354

--Retirement System; creditable service

benefits ___---__-- 925, 929, 1017, 1895, 2445

--Retirement System; disability

benefits ......._________________.__..._..___._______925, 929, 1017, 1895, 2495

--Retirement System; disability

retirement

--.

200, 252, 2006, 2377, 3009

--Retirement System; domestic life insurance

companies; investments __.......--------- 305, 364, 1484, 2507

--Retirement System; domestic life insurance

companies; investments _______________________ 305, 364, 1484, 2507

--Retirement System; exemptions and

immunities ___________.__--._________________.-170, 211, 428, 534, 2233

--Retirement System; leaves of

absence ________........___---_________.....-_.-200, 252, 574, 816, 3009

--Retirement System; local systems_...,,_ 200, 253, 862, 1264

--Retirement System; military service

credit; Vietnam War __.__,,.____-

106, 139

HB 168 HB 196 HB 182 HB 162 HB 276 HB 474 HB 368 HB 431

INDEX

4059

--Retirement System; public school nurses __._..___,,________________________..__________.____.170, 211, 574, 1160
--Retirement System; reduce creditable service _._.__...__.____.._..._.____.._._.____,,_._____________.. 200, 252, 574, 818
--Retirement System; retirement after 30 years' service _.,,--------.___.._ ...........197, 250
--Retirement System; retirement prior to July 1, 1970 _.____...___.._.___ 169, 210, 1895, 2127, 3155, 3216
--Retirement System; withdrawal of contributions ..........................._-.-...__..________._....._.._..._____.289, 350
--Teacher's Right to Eat Act __.._._____-_._-_._..._________.___._._.___.463, 559
--Teacher Evaluation and Tenure Act; enact ............ 340, 418, 2192, 2679
--Vocational programs and grades 4 and 5; pupil-teacher ratio -_--..-....__._.__,,__-_._.....____.__.___.._.._,,.... 409, 481

TELECOMMUNICATIONS CONSOLIDATION ACT OP 1973

HB 471

--Department of Administrative Services; provide for__..___._._.___--..-..-.-.-.463, 559, 2196, 2589, 3372

TELEVISION HB 955
HB 534

--Georgia CATV Regulatory Surveillance Act; Public Service Commission _______.___.-.,,....----.--,,_--1546, 1647
--Newsmen not required to divulge sources of information __......... __________________________ 477, 569

TELFAIR COUNTY
HR 75-251 --County officers' eligibility; amendment to the Constitution ................___ 245, 310, 1201, 1215

TENANTS HB 1238 HB 945 HB 602
HB 784

--Apartment Ownership Act; deeds or subleases ___________._3472

--Contracts; landlords' rights _...___.___.____..___.__.____.__..__..1476, 1557

--County health departments; suspension of duty

to pay rent on unfit dwellings ..........

554, 638

--Distress warrants; landlord's power to distrain

for rent

... 913, 1012, 1659, 2444, 3594, 3621

TERRITORIAL ELECTRIC SERVICE ACT, GEORGIA

HB 2 --Create ......

. .. . .........

58, 77, 703, 883, 2358

4060 THEATRES
HB 706 HB 191

INDEX
--Motion Pictures; Sunday business activities; amend Criminal Code ....___ 690, 794, 1199, 1629, 2194, 2952
--Obscene scenes; prohibit display ____.______._._______...198, 251, 703, 1245, 3380, 3541

THEFT SB 23 SB 85

--Criminal Code; altered identification

marks ._..__.._.___...____._.._. 414, 431, 486, 2466

--Criminal Code; interchanging labels or

price tags .,,....,,.

.....2644, 2777, 2792, 3133

THEORY OF EVOLUTION

SB 276

--Equal academic freedom for courses in divine creation _______.,,,,._____..______,,__.____._._.__.. 3291, 3335, 3348

THOMAS COUNTY SB 306 --Small Claims Court; create .__..___1571, 1574, 1654, 3135, 3141

THOMAS, HONORABLE GILBERT M. HR 249 --Express sympathy for passing of __..... .--......-- ..

.... 1501

THOMASTON, CITY OF HB 882 --Corporate limits ......_._.__... ........_._...1186, 1310, 1660, 1664, 2489

THOMASVILLE, CITY OF SB 313 --Board of Education; election ....... 1772, 1783, 1893, 3135, 3141

THOMBLEY, NEWELL N. HR 203-804 --Compensate _._.___.___.__._........_.__._......917, 1016, 2003, 2249, 3156

THOMSON, CITY OF HB 225 --Charter; repeal and replace __.____.240, 306, 429, 430, 926, 1510

THRASH, HONORABLE ELMORE --Election as Messenger of the House of Representatives 34

TICKETS
HB 597 HB 807 HB 703 HB 107

INDEX

4061

--Admission tickets; athletic events ----------.------553, 637 --Admission tickets; excise tax ..---------------- 918, 1016 --Admission tickets; service charge --690, 794, 924, 1117, 2041 --Excise tax; public amusement events ..................... 130, 178

TIFT COUNTY

HB 940
HB 941
HB 532 HB 964 HB 531

--Board of Commissioners; Chairman's

salary ___................--------_.__.-..--1474, 1556, 1763, 1770, 2848

--Board of Commissioners' salaries _.--------------.1475, 1556,

1763, 1770, 2848

--Board of Elections _.___.

476, 569, 1022, 1024, 2847

--Tax Commissioner's salary ...-- 1548, 1649, 1896, 1899, 2848

--Voters' registration list --..--.----476, 569, 1022, 1023, 3361

TIFTON, CITY OF HB 1134 --Mayor and Vice Mayor --------1876, 1997, 2322, 2355, 3149

TIMBER AND TIMBER PRODUCTS

HR 232-930 --Capital gains treatment; Congress urged

to preserve ...............------------........1472, 1554, 1661, 2497

SR 153 --Capital gains treatment; Congress urged

to preserve

___,,,,.--_----.----2708, 2783, 2796

HB 201 --Georgia Treated Timber Products Act of

1973; enact --------------.201, 253, 1313, 1579, 3008, 3100

SR 142 --North Georgia Mountains; Federal government

urged to halt clear cutting of

timber .--.......... ....... ----------2638, 2778, 2793, 2991

TIPPETT, DR. JOHN T., JR. HR 162 --Commend ------------------------------------....----583

TITLES SB 56

--Mineral leasing; titles; adverse possession .........................................--575, 576, 640, 2196

TOBACCO HB 328

--Cigarettes; increase excise tax .,-------------.....300, 360

4062

INDEX

TOCCOA, CITY OP

HB 524 HB 787

--Corporate limits ...............,,__.........___.....475, 568, 705, 712, 1388 --Mayor and Vice Mayor;
salaries _______...__.__. __...____.._.._____.___.914, 1013, 1485, 1488, 2232

TOLES, HONORABLE E. B.

HR 418

--Congratulate ____________.-__________--____---__..________.__.___._______________3663 --Prayer offered by ___-..........-_..-.._............_.._____.______................2309

TOMS, HONORABLE MARION --Election as Doorkeeper of the House of Representatives ......35

TOOMBS COUNTY

HB 565 HB 564

--Board of Education; membership _______ 546, 631, 862, 866, 1774 --State Court; salaries ____..__._______.___._______546, 631, 862, 866, 1774

TORBETT, MISS LISA LANE HR 360 --Commend .______.__.._______.____.___....___.....,,_.._..___-._.__._________...__... _____2864

TORTS HB 911 HB 271
HB 1067 HB 63
HB 56

--Counties and municipalities; liability insurance __ 1369, 1476 --Georgia Housing Merchant Liability Act;
enact ________________-__.___.__^__________---^--_ __________________ 288, 350 --Homicide of husband or father _______.___..._......._..._.._....._1737, 1882
--Homicide of husband or parent; widow may release wrongdoer ___.....___.......____._.... 113, 145, 314, 396, 1225
--Motor vehicle collisions; personal injury and property damage ...._........ ____________ 110, 143, 259, 393, 1225

TOURISM HR 272

--Tourism Study Committee; create ...

.......1679

TOWNS COUNTY HB 1230 --Sheriff's salary ___.-....._..........-....-_.-2603, 2791, 3349, 3354

INDEX

4063

TRADE NAMES

HB 14

--Uniform Limited Partnership Act; exempt from registration ____....____________.___.....,,.._______.___ 60, 79, 118, 495

TRADE PRACTICES

HB 255

--Unfair Trade Practices and Consumer Protection Act; enact _______ 247, 311, 1021, 1471, 1535, 1585, 1672, 1826

TRADING STAMPS HB 260 --Display of cash equivalent value _________________.______....__-248, 312

TRAFFIC HB 881
HB 73
HB 53 HB 274 HB 349
HB 3
HB 174 HB 405 SB 214 HB 847 HB 384 HB 76 HB 410 HB 1013 HB 244 HB 351 HB 1001

--Accident reports by individual and law enforcement agencies ________________________...._.........____1185, 1310
--Accident reports; Department of Public Safety ..___. ...________________________.____....____115, 146, 427, 533, 1107
--Civil cases involving motor vehicle accidents -----.--_. 110, 142 --Courts of Ordinary; traffic cases; use of funds
for law libraries _____________!_____ 288, 350, 428, 519, 2043, 2122 --Department of Administrative Services; grants
to municipalities for traffic control ._.... .........._..__..336, 415, 572, 666, 1389
--Driver's license; bail; arrest for minor traffic violations ________ ___________58, 77, 121, 152, 494, 801, 873 2127, 2360, 3108, 3376
--Driver's license; bail; arrest for minor traffic violations ___._______.___._____._.__....___.____...___.___.___ 171, 212
--Municipal courts; traffic violations .... 347, 423 --Permit vehicular traffic to turn right when facing
red or stop signal _____ 1913, 1916, 2000, 2319, 3070, 3377 --Speed limits; Uniform Act Regulating
Traffic on Highways ... ______________________ 1006, 1194, 2195 --Traffic citations; copies ___________ .343, 421, 1316, 1471, 1530 --Traffic offenses; additional and alternative
punishment .......... ____________________________ 115, 147, 366, 538 --Traffic regulations; adoption by cities and
local authorities _________ __....____347, 424, 487, 661, 2638, 2741 --Trucks, trailers; prohibit interstate highway
travel, certain hours and days __.._________._ ______ 1638, 1752 --Uniform Rules of the Road; enact ___ 244, 309, 427, 655, 2195 --Warning signs; traffic closed to public ........ .........337, 415,
572, 765, 1513 --Wreckers; tow only to first exit on interstate
highway systems ___________________________________ 1635, 1750, 2320

4064
TRAILERS HB 220

INDEX
--Annual inspection; trailers and semi-trailers _______._____________._._.___.________.__.___.239, 306, 641, 1447

TRAILS HB 870

--Georgia Scenic Trails Act; bicycle trails .-.......-....-_.._..... ......1183, 1308, 1483, 1613, 3010

TRANSIENT MERCHANTS

HB 455

--Transient Merchant Law of Georgia; licenses .._.._..__.__ . .......................... .... ...461, 557, 1482, 1710

TRANSPORTATION, DEPARTMENT OP

SR 33 SR 82 HB 1038 HB 335 SB 314 HB 9 HB 8 SB 238 SB 168 SB 250 SB 20 HB 348 SB 140 HR 211 SB 249 HR 228

--Architectural and engineering firms;

exempt certain contracts .._..__...._....872, 873, 922, 1314, 3065

--Commend employees _._-.__._.._.__.__.--.__._._-._-.-._-.-..-...__.872, 1147

--Dead Animal Disposal Act; highway

rights-of-way ______...______.1643, 1756, 1894, 2494, 3159, 3335

--Director's salary ........

......302,361

--Drawbridges; safety arm warning

devices __.__.__._.__..... .......1914, 1917, 2002, 2319, 3250, 3375

--Eminent domain; continuances for members of

General Assembly .__._........_.._................_..59, 78, 120, 154, 649

--Eminent domain; special master;

compensation .._..__._._.__-._._..__..___..._._..__.__.-59, 78, 121, 154, 262

--Employment of personnel; organizational

elements _.__.__....._._.._..__._1913, 1916, 2001, 2319, 3085, 3375

--Federal parkways; acquisition of rights-of-way

and easements ......._...._..... ...2490, 2544, 2607

--Georgia Airport Licensing Act of 1973;

enact .__._..-._-._..-.--.__._.-.-.__._--.--_.-.-_---1392, 1393, 1480

--Georgia Code of Public Transportation; air rights ................................494, 495, 571, 2196, 3282, 3377

--Georgia Code of Public Transportation; establish new laws ......_..._.....................-..........._.336, 414, 572

--Georgia Code of Public Transportation; establish new laws .....................871, 874, 922, 1315, 3127, 3273, 3377

--Highway maintenance crews; commend .................. 1135 --Highway Safety Subcommittee report ................ .....3699

--Mass transportation systems; grant programs ....._......._.._.....__1329, 1330, 1375, 1894, 3121, 3378

--Multi-State Transportation Route Advisory Board; endorse _...._.._..........._........ ...1149, 2319, 2870, 3680

INDEX

4065

SR 53 --Multi-State Transportation Route Advisory Board; endorse ......_..__......-_.....................575, 591, 1314, 1676
SB 285 --Ports, seaports and harbors; financial support --.._--_-_-__......-.__-..._.1391, 1394, 1481, 1894, 2967
HB 96 --Rezoning; review of applications ,,--,,....._.......___..__,,.. 127, 175 HR 104-376 --Richard B. Russell Scenic Highway; marker in
memory of James P. Davidson ._..... 342, 419, 429, 514, 1226 HB 351 --Road signs; roads closed to public traffic ..................SST, 415,
572, 765, 1513 SR 138 --Routes from Atlanta to Columbus; erection of
directional signs __._______._____.______2491, 2544, 2606, 3133, 3600 HR 117-444 --Sheriffs' Boys' Ranch Road; designate portion of
Highway 122 ___.___________________._._____.___411, 483, 572, 993, 2235 HB 963 --State Transportation Board; eligibility
of members ._......__.......__......__.....1548, 1649, 2319, 2716, 3676 HB 350 --Statewide transportation plans ......_............ 336, 415, 572, 680 HB 244 --Traffic; Uniform Rules of the Road ___.244, 309, 427, 655, 2195 SB 130 --Venue and service of suits by or against... 870, 873, 922, 1314 HR 87-280 --W. A. (At) Nail Bridge; Tattnall County;
designate ._..._..._____...__......__..._..._._._..__.290, 352, 428, 966, 1778

TREASURER, STATE

HB 321

--State Depository Board; Fiscal Division, Department of Administrative Services __. 298, 359, 1019, 1275, 3360, 3482

TREATED TIMBER PRODUCTS ACT OF 1973 HB 201 --Enact ......_.____................_._......__.201, 253, 1313, 1579, 3008, 3100

TREUTLEN COUNTY

HB 493 HB 494

--Ordinary's salary ......_.._........__..........._.468, 563, 643, 647, 1773 --Sheriff's salary _._.____._.__..__._.._____..__.____468, 563, 643, 647, 1774

TRIALS (See Courts)
HB 822 --Capital felonies; trial on accusation; waiver of indictment .._,,.._..____...___..___.,, 1001, 1190, 2194
HR 37-135 --Civil and noncapital criminal cases; juries; amendment to the Constitution ._--_.....--.....__..__....136, 183
HB 33 --Civil cases; consolidation; separate trials ---- --_---.__---_--_ -,,- 106, 139, 365, 446
HB 53 --Civil cases involving motor vehicle accidents; service of summons by publication _____.._....._.___......_ 110, 142
SB 39 --Civil cases; trial proceedings ------414, 431, 486, 2800, 3540 HB 127 --Criminal cases; judge shall fix and
impose sentence ________..__..______--__..__..__.___..134, 181, 258, 573 HB 134 --Criminal cases; right of defendant in
criminal trials --___,,_....___----------__.____--.----..... 135, 182

4066

INDEX

HB 13 --Criminal cases; unsworn statements __......60, 78, 640, 880, 2358 SB 25 --Criminal cases; unsworn statements --------.927, 929, 1017 HB 12 --Criminal Code; death penalty ____.___.--_______ ......60, 78, 148, 328,
487, 594, 1327 HB 763 --Criminal Code; multiple prosecutions for
same conduct --..-------- .-- 909, 1009, 1761, 2588 HB 640 --Criminal procedure; demand by accused for trial ... 620, 695 SB 26 ---Felony trials; jury panels ... 369, 375, 426, 2196, 3113 HB 125 --Jurors; examination shall be by
the judge ----..------------------------134, 181, 797, 1272 HB 130 --Jurors; examination shall be by the judge _........_...__ 135, 182 HB 465 --Jury panels; number of
strikes allowed ----.----------------------463, 558, 1021, 2918 HR 31-98 --Misdemeanor cases; jury of 6 persons; amendment
to the Constitution -.------------.------.128, 176, 428, 496 HR 42-135 --Venue of all cases; amendment to the Constitution ... 137, 183

TROUT HB 596 HB 188

--Commercially raised freshwater trout; purchase and sale ._--_------..-------- 553, 636, 1200
--Stamps; State Parks ---------198, 251, 1315,1471, 1515, 2637 --Subcommittee report on House Bills 1402 and
1403 (1972 Session) __-_.---.___.----------........ ....3694

TRUCKS HB 478
HB 864 HB 463 HB 927 HB 928 SB 167 HB 869 HB 1013

--Commercial vehicles in interstate and intrastate commerce; proportional registration ___...,,----...._.464, 560, 641, 964, 2234
--Department of Public Safety; functions transferred .-------------------------- ...1182, 1307, 1657
--Loose materials; unlawful to transport without proper precautions ----------._.------....462, 558
--Motor common carriers; temporary emergency authority ------------------.1472, 1554, 1657, 2267, 3010
--Motor contract carriers; registration and license _.--._.----.----...-.1472, 1554, 1657, 2269, 3011
--Multiple lane streets and highways; use lane farthest to the right ----------------715, 718, 796, 1483, 3620
--Protective wheel flaps _____._.______..................1183, 1308, 2319 --Two-ton trucks; tractor trailers; prohibit interstate
highway travel, certain hours and days ...........1638, 1752

TRUST FUNDS

HB 166

--Retirement systems; pooling of funds for investment purposes _----___...170, 211, 1759, 2502, 3672

TRUSTS SB 295 HB 1016 HB 678 SB 370 SB 369 HB 1017

INDEX

4067

--Charitable trusts; supervision by Attorney General of the administration ________ 2360, 2543, 2606, 3134
--Exercise of power of sale; alternative method to authorization _________._.__________.__________.____._.__1639, 1753, 2005
--Farm credit institutions; investment in farm loan bonds __..___..__...______._._____627, 701, 1019, 1287, 2637
--Fiduciary powers; instruments in writing _..___..__.________._____._._______.___._______.__..2491, 2546, 2609, 2800
--Trust deemed executory may not be revoked if irrevocable _________._._________._.2491, 2546, 2608, 2802, 3050, 3378
--Trustees; procedure by which trustee may resign his trust _......_.... ....._-__-.-._.--1639, 1753, 2005, 2657, 3677

TUCKER, JAMES HR 33-113 --Compensate ----._----_----.----..----131, 179, 2002, 2244, 3156

TUNNELS HB 447

--Municipalities; authority to erect, all public ways _________------,,__----_------____--_----412, 484

TURNER, HONORABLE GEORGE THURSTON HR 247 --Express sympathy for passing of --------------------1499

TWIN LAKES, CITY OF HB 1150 --Reincorporate ____.____----.___----__.._ 1879, 1999, 2469, 2473, 3363

u

UNEMPLOYMENT

HB 720 SB 284

--Employment security Law; unemployment benefits; waiting period .._.--.___786, 858, 1559, 1918, 2637
--Unemployment Compensation Law, amend -------------------------- 1512, 1515, 1559, 2194, 3258

UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION ACT HB 255 --Enact------------ 247, 311,1021,1471,1535, 1585,1672,1826

4068

INDEX

UNICAMERAL LEGISLATURE
HR 83-280 --Provide for; amendment to the Constitution ______________290, 351, 1021, 1112, 1298

UNIFIED JUDICIAL SYSTEM
HR 38-135 --Provide for; amendment to the Constitution ...._______._.__ ..136, 183, 185, 220, 260, 261
SR 11 --Provide for; amendment to the Constitution ______________._.___494, 495, 571, 573, 741, 872

UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS

HB 881 HB 73 HB 399 HB 247 SB 152 SB 378 HB 950 SB 11 HB 849 HB 405 SB 214
HB 981 HB 22 HB 847 HB 410 HB 244 HB 220

--Accident reports by individual and law enforcement agencies ________________.._._.__.1185, 1310
--Accident reports; uniform reports and procedures ..._________.._____115f 146, 427, 533, 1107
--Blood alcohol chemical tests; admissibility as evidence _------_._--_______________345, 423, 641
--Chemical blood tests; administration ______244, 310, 427,1609 --Headlights mandatory in rainy
or bad weather ____________________..._.715, 718, 796, 2195, 3214 --Hit-and-run drivers causing injury
or death; felony ...._________________2709, 2784, 2797, 3134 --Inspection of Motor Vehicles;
exception _________________________________.1545, 1646 --Motor vehicle rear wheels;
metal protectors ____._____________________________369, 374, 425 --Motorized cart; define ______________ 1006, 1194, 1657, 1867, 3679 --Municipal courts; traffic violations _____.___________.-___347, 423 --Permit vehicular traffic to turn right
when facing red or stop signal .------1913, 1916, 2000, 2319, 3070, 3377
--Police officer; penalty for fleeing or attempting to elude ________,,,,._________________1551, 1651, 2320
--Seat belts mandatory _________________________62, 80, 641, 875 --Speed limits; minimum and
maximum speeds ___________________________________1006, 1194, 2195 --Traffic regulations; adoption by
cities and local authorities .-.-347, 424, 487, 661, 2638, 2741 --Traffic; Uniform Rules of
the Road ____________...________244, 309, 427, 655, 2195 --Trailers and semi-trailers;
annual inspection ___,,,,_.____________.239, 306, 641, 1447

UNIFORM ARBITRATION LAW HB 38 --Establish ____..._______________________107, 140

INDEX

4069

UNIFORM COMMERCIAL CODE

SB 18 HB 40

--Clearing corporations; define ...___..._369, 374, 425, 2005, 3051
--Warehouseman's lien on household goods for charges and expenses ___.____.....__...._107,140, 428, 525,1779

UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS IN GEORGIA ACT HB 734 --Enact __-._____...____....__._.._.__.___..____....___.________.____.__789, 861, 1659, 2051

UNIFORM LIMITED PARTNERSHIP ACT

HB 14

--Trade names; exempt limited partnerships from registration ._--...____________60, 79, 118, 495

UNIFORM NARCOTIC DRUG LAWS

HB 418 HB 558 HB 598

--Contraband vehicles; confiscation ._.._._____._ 406, 479, 1200, 1611 --Contraband vehicles; confiscation _......__.-....__._..B45, 630, 1482 --Contraband vehicles; confiscation ....___...__.......554, 637, 2005

UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT

HB 580 SB 236

--Dependent children; District Attorney required to represent plaintiff _.._._--.....550, 634, 1656, 1820
--Dependent children; District Attorney required to represent plaintiff .._._._... ._._......____......____.....1779, 1782, 1893, 2466, 3587

UNIFORM RULES OF THE ROAD HB 244 --Traffic rules; create ____....._.-......___.....__.244, 309, 427, 655, 2195

UNIFORM STANDARDS CODE FOR MOBILE HOMES ACT

HB 139 SB 36

--Enact ........__....._.......__._......_._.......__.......___._.__._.138, 184, 185 --Enact .__......___...._.__...._.._._.....____........_......._315, 315, 363, 365, 433

UNINSURED MOTORISTS

HB 52

--Renumber and redesignate subsection (h) of 1971 amendatory Act ............109, 142, 148, 218, 3009

4070

INDEX

UNION CITY, CITY OF HB 100 --Charter; repeal ._.--------.,,------_-,,,,._----_--___._______.129,177

UNITED STATES CONSTITUTION
HR 44 --Death sentence; imposition; urge Congress to propose amendment ----,,----_-_..------149, 428
HR 77-251 --Equal Rights Amendment; ratify _,,------,,,,._,,----_ 246, 311

UNIVERSITY SYSTEM OF GEORGIA

HB 137
HR 13 HB 973

--Board of Regents; exempt from Executive Reorganization Act of 1972 ------_------___------___------ 137,148,184, 235,1327
--Institute of Government; commend ---------------------- 83 --Mixed drinks; regulations ------____------_._____-1550, 1650, 2323

UNRECOGNIZED PERSONS HR 367 --Recognize, commend and congratulate ...----.........--... 3080

UNSWORN STATEMENTS

HB 13 SB 25 HB 134 HB 419

--Criminal cases; right of accused in criminal trials _-_------.___------___----60, 78, 640, 880, 2358
--Criminal cases; right of accused in criminal trials ___------_--------_------._____..-.._. 927, 929, 1017
--Criminal cases; right of defendant in criminal trials _------.--------_--------__------___----135, 182
--Criminal cases; rights of accused --_._...----.,,_--._..._. 406, 479

UPSON COUNTY

HB 885 HB 883 HB 884

--Chief Deputy Sheriff's salary __------____.1186, 1311, 1660, 1665 --Ordinary's salary -,,_--------____--------.1186, 1310, 1660, 1664 --Tax Commissioner's salary ----____------1186, 1310, 1660, 1664

URBAN RENEWAL
HR 128-430 --Slum clearance; land acquisition; amendment to the Constitution --_.--------__.------._..----...__._..465, 560

HB 476

INDEX

4071

--Urban Redevelopment Law; Land acquisition for persons displaced ..--------------.----------.-----464, 559

USED MOTOR VEHICLES

HB 1235 HB 632 HB 830

--Dealers in Used Motor Vehicle Parts Registration Act; bonds ----..------------------ 2788, 2988
--Dealers in Used Motor Vehicle Parts Registration Act; licenses ----_------....618, 694, 923, 1718
--Used Motor Vehicle Warranty Act; Enact .-.----1002, 1191

USURY HB 263

--Georgia Credit Code; provide for -...--._..- 249, 313

UTILITY COMPANIES (See Public Service Commission)

HB 1097 HB 2 HB 164 HB 897 HB 1120 HB 1149 HB 1121

--Annual tax returns of all property -- .---------1743, 1887 --Georgia Territorial Electric Service
Act; create -------------------- 58, 77, 703, 883, 2358 --Insurance; prohibited from transacting
insurance business --,,------___------169, 210, 365, 1471, 2516 --Public Service Commission; judicial
review of orders ----~__--_~________________....___._._.......__. 1304, 1372 --Public Service Commission; rate increases;
consideration of service ----1747, 1890, 2467, 2699, 3374 --Public Service Commission; rate
increase; hearings ------------------------------1879, 1999 --Rate increases; provisions governing
suspension ------------------------..._.___.--.._________-1747, 1891

V
VALDOSTA, CITY OF HB 872 --Corporate limits ------------------1184, 1309, 1762, 1767, 3362

VARNELL, CITY OF HB 1228 --Corporate limits ----------------2602, 2790, 2994, 3002, 3674

VENDORS
HB 652 HB 631 HR 124

--Itinerant vendors; license tax ------------------------ 622, 697 --Sales tax; coin-operated vending machines .............--618, 694 --Vending Machine Study Committee; create ------__,,--.--448

4072 VETERANS
SR 30
HB 605 SR 93 HR 380 HB 420 SB 172

INDEX

--Ad valorem tax; increase homestead exemption for

disabled veterans; amendment to the

Constitution _...._. .._....._....._......._. 1108, 1109, 1196

--Disabled veterans; honorary fishing

licenses .............__________._..___________......555, 638, 1021, 1289, 2359

--Educational assistance grants to certain veterans;

amendment to the Constitution ....................1572, 1573, 1653

--Educational Benefits for Veterans

Study Committee; create ___,,_...._-.____.__________._.__.._..... ___ 3636

--Exemptions for homestead exemption and license

fees; reimbursement to governing authorities _ 407, 479

--Scholarships for certain veterans and

dependents ._.._._._................__....... . ..

2095, 2096, 2191

VETERINARIANS

SB 201

--Georgia Veterinary Practice Act; licenses _.........__._____..___..._...__._______1107, 1111, 1198, 1760, 3081

VETOES

--Message from Governor ....--.--------.--.._.._..........--........ 50

VIDEO RECORDING EQUIPMENT

HB 425

--Courts; recording and preserving testimony ______,.._______.__.._______.........______........408, 480, 797, 1284

VIETNAM
HR 376 SR 147

--Commend Georgia's Prisoners of War ....................... ___ 3343

--Prisoners of war or persons missing in action;

income tax exemptions; amendment to

the Constitution .........

2643, 2778, 2793

VITAL AREAS COUNCIL

HB 1000 HR 285

--Create ....

... 1635, 1750, 1763, 2534, 3374

--Vital Areas Study Committee; create ..... ..................1690, 2006

VOCATIONAL EDUCATION

HB 483 HB 431

--Division of Vocational Education Services; create within State Department of Education _._..........---- 466, 561
--Pupil-teacher ratio ...........-...-.....-................-.._.._- 409, 481

INDEX

4073

VOCATIONAL SCHOOLS

HB 150

--Minimum Foundation Program of Education; funds ______..___._ ..____..____..._165, 207, 364, 431, 1570

VOTING (See Elections, General Election Code)

HB 230 --Ballots; defective ballot cards _..._______ 241, 307, 367, 444, 2233

HB 961 --Ballots; uncontested offices ___._______..___._..___.___ _..______.__1547, 1648

HB 618 --Campaign contributions and expenditures ________616, 692, 1021

HB 394 --Candidates holding a public elective office must

resign before qualifying to run for another

public office _____..____._______._._.__._..___...._________.__344, 422, 575, 970

HB 59 --Candidates qualifying with more than one

political party; prohibit

.__________ 112, 144, 259, 332

HB 88 --Candidates soliciting votes within certain distances

of polling places; remove exemption _______ 125, 174, 259, 377

HR 15-58 --Constitutional amendments; date of election;

amendment to the Constitution _._.lll, 143, 575, 1173, 1227

HR 8-27 --Constitutional amendments; special election;

amendment to the Constitution .__.__..

63, 81

HR 71-217 --Constitutional amendments; special election;

amendment to the Constitution ___________________________ 206, 257

HB 217 --Electors list; addresses; certification to

Secretary of State ________._____..--.__..,,..._____.__________.___ 205, 257

HB 566 --Electors; registration by mail _______ 646, 631, 1485, 2121, 2521

HB 626 --Electors required to present identification

prior to voting _______________________________________________ 617, 693, 1762

HB 226 --Electors vote in district registered; counties of less than 50,000 population __. _ . 240, 306, 367, 439
HR 241-942 --General Assembly; special election to fill any vacancy; amendment to the Constitution __________ 1476, 1557
HB 42 --General election day; public holiday ________________________ 107, 140 HB 187 --Judges of Superior Courts and Court of Appeals;
Justices of Supreme Court; non-partisan election __________________ _____________ 198, 251, 1021, 1724, 1784

HB 231 --Municipal Election Code; runoffs _--. ._-. -241, 307, 367, 446

HB 212 HB 438

--Municipal elections; date and notice .... _____ ________ 204, 256 --Ordinaries; primary and election results;
public announcement ..._______ __.___. ..........410, 482, 1485, 1708

HR 240-942 --Poll tax levy; amendment to the Constitution ._______1476, 1557

HB 25 --Polls to remain open until 8 P.M.; all primaries and

elections

....... 62, 80, 575

HB 24 --Polls to remain open until 8 P.M.; municipal primaries

and elections . ___._____.____._..___. 62, 80, 575, 968, 1112, 1300

HR 23

--Presidential election; designate as national holiday .___:___.....______...._.._....___.___.____________ 117, 1021, 1678

HB 89

--Presidential preference primary; primaries; delegates ____________________125, 174, 259, 379, 3380, 3521, 3545, 3570, 3571, 3592, 3630, 3631

4074

INDEX

HB 143 --Primaries; each registered voter entitled to participate in nomination of candidates by each political party _.___._.___..__...__.____._..._____.__._______..._________..___._._...._._.___.164, 206
HB 229 --Primaries; unopposed candidates ....__......_......._.......... 241, 307 HB 270 --Qualification fees; change provisions ____________--______.___.287, 350 HB 227 --Qualifying; change method and fee.__._.241, 307, 367, 441, 2642,
3030, 3097, 3279, 3301 HR 111-430 --Revenue anticipation obligations; amendment to the
Constitution _____.________-._____-._-___..___.___.409, 481, 642, 745, 1669 HB 228 --Special elections; change provisions ....241, 307, 367, 442, 1671 HR 94 --State Election Board; election of William F. Blanks
as member ............_......-__.--._..------.......... ...._....--....._...... 276 HB 43 --Voting machines; disabled and elderly persons ....... 108, 141

w

WADDELL, LT. COL. DEWEY W. HR 400 --Commend .......................................... ...... .......

.3650

WALKER COUNTY

HB 948 HB 573

--Ordinary's office; salaries ........1546, 1646, 1896, 1898, 2634 --State Court; salaries ._____--__._,________..548, 633, 1022, 1024, 1774

WALKER, HONORABLE AND MRS. LARRY HR 118 --Congratulate ...-...-............--.....--_........--.- 449

WALNUTGROVE-YOUTH WATER AUTHORITY HB 521 --Amend an Act creating ...._......__......___474, 568, 705, 711, 1388

WALTON COUNTY

HB 1163 HB 1203

--Board of Commissioners; meeting dates ............1993, 2188
--Board of Commissioners; meetings ___--__-__,,_-__._---.__--2459, 2604, 2802, 2827, 3368

WARE COUNTY

HB 1234

--Superior Court Clerk's salary __.____._..___.________.______.2604, 2791, 2994, 3003, 3675

INDEX

4075

WAREHOUSES
HR 264-1012--Ad valorem tax; exemptions; amendment to the Constitution .----____._____._______--____.------..-1638, 1752
HB 40 --Lien on household goods for charges and expenses .------......----..----------....-107, 140, 428, 525, 1779

WARM SPRINGS FOUNDATION

HR 368

--Georgia Warm Springs Foundation Study Committee; create --....----.._..--.._.----...----..

......3094

WARNER ROBINS, CITY OF

HB 641 HR 276 HB 1193 HB 1223

--City Court; terms ___...__._----.__.___.___..------ 620, 696, 1022, 2037 --Civil Defense members; commend ------_..-- .___-------- 1683 --Corporate limits __.._------.._,,----. 2187, 2316, 2612, 2625, 3367 --Revenue bonds ................. 2601, 2790, 2993, 3001, 3674

WARNOCK, REV. EARL E. --Prayer offered by ______.._----------_----._------._....-- ..___._..--1180

WARRANTIES

HB 271 HB 830

--Implied warranties in the sale of dwellings; Georgia Housing Merchant Liability Act----.___.-- ............ 288, 350
--Used Motor Vehicle Warranty Act; enact .........1002, 1191

WARRANTS HB 945 HB 784

--Distress Warrants; Landlords' and tenants' rights .----.__..___------____-----------------.1476, 1557
--Distress warrants; landlord's power to distrain for rent ............ 913, 1012, 1659, 2444, 3594, 3621

WASHINGTON COUNTY

HB 659 HB 661 HB 658 HB 660

--Sheriff's salary........------_..----....._.. 624, 698, 1202, 1209, 1777 --Small Claims Court; create ....------ 624, 699, 1202, 1210, 1776 --State Court; salaries.--..-.........--.. 624, 698, 1202, 1209, 1776 --Superior Court Clerk's salary .----624, 699, 1202, 1210, 1776

WASTE HB 811

--Solid Waste Management Act; injunctive relief --........--..............-....918, 1017, 2320, 2873, 3291, 3312

4076
HB 808 HB 1009

INDEX
--Solid waste; Revenue Bond Law....918, 1016, 2004, 2449, 3373 --Solid waste; Water Quality Control Act;
permits _______________________._.._.1637, 1751, 2320, 2695, 3301, 3525

WATER AND WATER POLLUTION

HB 556 --Coastal Marshlands Protection Committee;

create __..._..,,,,.____...._....---...._ 544, 630, 1021, 1356, 2638

HR 135-503 --Counties; commissions to protect rivers and flowing

streams; amendment to the Constitution._..,,... 470, 565, 704

HB 249 --Department of Natural Resources; Economic Analysis

Section; water or sewage treatment

systems ._..___... 245, 310, 574, 800, 924, 1242

HB 248 --Division of Environmental Protection; Economic

Analysis Section ........... 245, 310, 574, 777, 800, 800

HB 1070 --Erosion and Sedimentation Act of 1973; enact._..... 1738, 1883

HB 464 --Fluoridation; municipal referendums...--......... 462, 558, 1760

HB 450 --Georgia Health Code; Health and Sanitation

Standards for Individual Water

Supply Systems ......-- -,,---........................

412, 484

HB 756 --Georgia Wild and Scenic Rivers System;

provide for ,,,,,,_..... _----....-._..._.......... ..856, 921

HB 735 --Groundwater Use Act of 1972;

amend ______________.._____________._____.789, 861, 2006, 2251, 3291, 3297

HB 985 --Groundwater Use Act of 1972; Georgia Water

Management Control Board _____________________.__..____1552, 1652

HB 1093 --Metropolitan River Protection Act;

enact _..._______.._...____._._......1742, 1886, 2195, 2529, 3571, 3574

HR 112-430 --Sea wall, groin and beach erosion protection systems;

revenue anticipation obligations; amendment

to the Constitution ...,,.,,_.. ...... 409, 481, 2597

HB 815 --Soil and water conservation districts; Advisory

Committee ............,,__............999, 1189, 1483, 1824, 3008, 3063

HB 811

--Solid Waste Management Act; injunctive

relief _..-._..

918, 1017, 2320, 2873, 3291, 3312

HB 808 --Solid waste; Revenue Bond Law... 918, 1016, 2004, 2449, 3373

HB 1009

--Water Quality Control Act; waste permits .........__...__.......__..__.1637, 1751, 2320, 2695, 3301, 3525

HB 397

--Water Recreation Act of 1973; enact _-__._________._.________._.345, 422, 1021, 1921, 2034, 2886, 3676

HB 1060

--Water Supply Quality Control; certificates~-~-~~~-_~----1736, 1881, 2320, 2695, 3372

WATER HEATERS

HB 153 HB 543

--Relief valves mandatory~_---~_..___-166, 208, 572, 756, 1512
--Safe construction and installation _.-__._______,___.______..,,..,, __.542, 628, 923, 1269, 3011

INDEX

4077

WATERCRAPT

HB 332

--Georgia Boating Safety Act; enact-..-----------------~301, 360, 1658, 2049, 2850, 2900

WATKINSVILLE, TOWN OF

SB 270

--Mayor's election; Council Posts------------------------1391, 1394, 1481, 2803, 2830, 3083

WATSON, HONORABLE JOHN F. HR 314 --Express sympathy for passing of ----------------..--._..__ .2111

WATSON, MR. AND MRS. JAMES POPE, JR. HR 311 --Commend ....................................................... .....2109

WAYCROSS, CITY OF HB 838 --Charter of 1972; effective dates--1003, 1192, 1561, 1564, 2488

WAYNE COUNTY

HB 1199 HB 1204 HB 1225

--Board of Commissioners' salaries--------------------.2313, 2462 --Board of Commissioners' salaries------------------.2459, 2604 --Board of Commissioners' salaries. 2602, 2790, 2993, 3001, 3674

WEAPONS SB 88 HB 458 HB 71 SB 175 SB 371
HB 473
HB 72
HB 683

--Concealed weapons; blank cartridges; amend Criminal Code ._,,_.--.----------_----_---- 2642, 2777, 2792
--Concealed weapons; change description ------___----..461, 557 --Concealed weapons; District Attorneys and
Assistant District Attorneys------------114, 146, 366, 523 --Criminal Code; criminal possession of
firearms .................................__.................... 2635, 2779, 2793 --Criminal Code; exemptions; National
Firearms Act ............._............___.....2492, 2546, 2609, 2802
--Criminal Code; penalty for carrying pistol without license --._..--......--_--__--------------.....463, 559
--Deadly weapons; negligent discharge at a human being ._._...._..._._.----....--................... 115, 146, 1659
--Firearms; possession while attempting to commit a felony...................__.........................686, 791, 1201

4078 HB 692 SB 372 SB 385 HB 93 HR 151 HB 190

INDEX
--Firearms; possession while attempting to commit a felony ___.__.....__------.____--------_ 687, 792
--Georgia Firearms and Weapons Act; amend ___.---__------------------------ 2492, 2547, 2609, 3133
--Georgia Firearms and Weapons Act; mutilation of serial numbers .--_----_--------------_--_--_ 2643, 2781, 2795
--Knives; use of during commission or attempt to commit a felony ______....----------------.126, 174, 2005
--Pistols or revolvers; issuance of licenses ........-- ......................... ... ..517, 1761, 2442
--Pistols or revolvers; license applications..........----------------------198, 251, 1200, 1358

WEBB, COLONEL ROBERT LEE HR 159 --Commend --._------___-- ........................---------- --. 581

WEBSTER COUNTY

HB 716 HB 761 HB 719 HB 760 HB 718 HB 759 HB 717 HB 758

--Commissioner's salary----..._--._-784, 857, 1318, 1321, 2848 --Commissioner's salary _..----_--908, 1009, 1376, 1377, 2486 --Ordinary's salary................_...........785, 858, 1318, 1322, 2848 --Ordinary's salary ......_...........--908, 1009, 1375, 1379, 2486 --Tax Commissioner's salary----------.785, 858, 1318, 1322, 2848 --Tax Commissioner's salary..--..--. 908, 1008, 1375, 1379, 2486 --Treasurer's salary--------------------784, 857, 1318, 1322, 2848 --Treasurer's salary.-.-.-.......-....--..908, 1008, 1375, 1378, 2486

WELFARE HB 918 SB 173 HB 505 HB 858 HB 360 HB 507 HB 416

--Aid to Dependent Children Act; illegitimate children __----------___----------.-------- 1370, 1477, 2465
--Child Support Recovery Act; enact_....--..__------.--------1670, 1671, 1758, 2193, 3063
--Food stamps and medical assistance (medicaid); penalty for fraud--....._.....-....-..-471, 565, 703, 994, 2041
--Georgia Public Assistance Act; chiropractic services __----_.__--_.--.----------1008, 1196
--Local Health and Rehabilitative Services Act of 1973; enact --------------------338, 417, 1020, 1471, 1925
--Protective Services for Adult Act; Department of Human Resources ------------------------------ 471, 565
--Public Assistance Act; reward for information leading to illegal recipients----------------------------406, 479

WELLS HB 735

--Groundwater Use Act of 1972; amend --~----__---__789, 861, 2006, 2251, 3291, 3297

HB 985

INDEX

4079

--Ground Water Use Act of 1972; Georgia Water Management Control Board ..___.--._. 1552, 1652

WELLS, HONORABLE DAVID WARNER HR 320 --Express sympathy for passing of ......................_...____________.2364

WHEELER COUNTY

HB 29
HB 31 HB 30 HB 491 HB 563 HB 490

--County clerk; change provisions...---.______------..._.__._._.105, 139, 488, 488, 925
--Ordinary; provide clerk.............--------.106, 139, 488, 489, 925 --Sheriff's salary __.__._... 105, 139, 488, 488, 925 --Superior Court Clerk's salary..........----468, 563, 643, 646, 1773 --Tax Commissioner; assistant...............546, 631, 862, 865, 1774 --Treasurer's salary ____.______.___._________________468, 563, 643, 646, 1773

WHEELER, MRS. JOSEPHINE

HR 225 --Commend

... ..........

--.--..---..._-----. 1145

WHIPKEY, HONORABLE JIM HR 427 --Express appreciation to

..........--..____.__....... 3669

WHITE CANE ACT

HB 604

--Blind and visually handicapped persons ..........._._..._......._---- 555, 638, 2193, 2496

WHITE COUNTY

SB 231

--Water and Sewerage Authority; create ....... -----....- 1390, 1393, 1480, 3135, 3138, 3378

WHITE, MRS. KATHLEEN H. HR 202 --Commend ........................

....... 874

WHITFIELD COUNTY

HB 1025

--Industrial City; create within Whitfield, Murray and Gordon counties .... 1553, 1654, 2468, 2475, 3300, 3313

4080

INDEX

WHITWORTH, GEORGE JOE HR 101-332 --Compensate ------------------------ .... ...... 301, 360

WIDENER, NATHAN P., SR. HR 303 --Commend __.------_----------------.-- ..,,. -

.2103

WILDLIFE HB 972 HB 444 HB 594

--Endangered Wildlife Act of 1973; enact --------------------.-.1549, 1650, 1658, 1871, 2595, 3374
--Wild Animal Criteria Committee; create .------------....__--411, 483, 578, 1315, 2502, 3676
--Wild Flower Preservation Act of 1973; enact --------------------------552, 636, 1560, 1821, 3012, 3051

WILKES COUNTY

HB 484 HB 373

--Superior Court Clerk's salary-- ....... 466, 562, 643, 644, 1389 --Tax Commissioner's fees--------_.---- 341, 419, 488, 493, 1385

WILLIAMS, E. W. HR 155-610 --Compensate-------------------------556, 639, 2002, 2242, 3156

WILLIAMS, DR. HARRY L. HR 120 --Express sympathy for passing of --------------------------451

WILLIAMS, HONORABLE J. SID SR 37 --Express sympathy for passing of -------------------- 370, 456

WILLIAMS, MELVYN R. HR 10-27 --Compensate .----------..------------------

76, 116

WILLIAMS, HONORABLE WILLIAM MARCUS HR 93 --Congratulate --------------___------------....----------271

WILLIAMSON, TOWN OF HB 1132 --Mayor and councilmen; salaries.-1876, 1997, 2322, 2354, 3148

INDEX

4081

WILLS (See Estates)

SB 334 SB 312 SB 151 SB 310 SB 311 HB 1095 SB 213 HB 413 SB 370 HB 862 HB 863 HB 15 SB 369 HB 1017 HB 173

--Administrators and guardians; annual returns of expenditures-------------2359, 2361, 2463, 2800, 3304
--Administrators and guardians; investments ____------------_----------_------..1914, 1917, 2001
--Administrators; permit private sales ----.----.--_--------------..----__1512, 1514, 1558, 2802
--Administrators required to give bond; value of the estate--------------1914, 1917, 2001, 2467, 3385
--Administrators required to give bond; value of the estate .--------------1914, 1917, 2001, 2802, 3386
--Estate tax returns; regulations--------.------------1742, 1887 --Executors and trustees; increase
investments-------------- 1107, 1111, 1198, 2800, 3020, 3159 --Executors or Trustees;
compensation...------------------------ 348, 425, 640, 974, 1779 --Fiduciary powers; instruments in
writing -------------------------------- 2491, 2546, 2609, 2800 --Guardians; Ordinary's authority to appoint
successor --------------------1181, 1307, 1629, 1658, 1853, 3676 --Guardians; Ordinary's authority to appoint
successor ------------------------1182, 1307, 1658, 1855, 3676 --Nonresident executors; requirement of
giving bond _-------------------------- 60, 79, 119, 649, 652 --Trust deemed executory may not be revoked
if irrevocable --------------2491, 2546, 2608, 2802, 3050, 3378 --Trustees; procedure by which trustee may
resign his trust--------------1639, 1753, 2005, 2657, 3677 --Year's support; husbands and minor
children -_-----_-_----..-----.------------171, 212, 610

WINE (See Alcoholic Beverages, Taxation)

HB 109 HB 873
HB 237
HB 561

--Excise tax; hotels and motels.------------------------- 130, 178 --Produced for household use; license,
excise tax -.______------------1184, 1309, 1486, 1627, 3152 --Produced for household use; 200 gallon
maximum.----.--...----------------242, 308, 706, 989, 1486 --Tax equalization; domestic and foreign
wine --------..--_--.. --- ----------------------545, 630, 1022

WINN, REV. WILLIAM DOUGLAS --Prayer offered by _--,,.----.____----,--_------------------------614

WINTERVILLE, CITY OP HB 793 --Police Court ------_.--------_--------915, 1014, 1561, 1563, 2356

4082

INDEX

WMAZ RADIO AND TV HR 391 --Commend --,,__.--------.--_--------------.__._____._____.____..3644

WOOD, MRS. LILLIAN TURNER HR 145-568 --Compensate ....................... ..... ....547, 632

WOODARD, MRS. D. A. HR 415 --Express sympathy for passing of ----_.--------------.....--.3661

WORKMEN'S COMPENSATION (See Labor)

SB 267
HB 1087 HB 680 HB 198
HB 259
SB 274

--Accidents due to alcoholism or drug addiction __....-- _._.__.-- --..1327, 1330, 1375, 2194, 3258
--Barbers or barber establishments; inapplicable -- 1741, 1885 --Injury and personal injury; redefine---.-685, 790, 1020, 1234 --Insurance carriers; delay of benefit
payments __....__.____-....______-..._..._. ...__.._.. 200, 253 --Occupational Safety and Health Act
of 1973 .-_....---.______..---..__.----..-- 247, 312, 1020, 1384 --State retirement systems; Department of Law
legal services .---..........---....1670, 1672, 1759, 2006, 3067

WORLD CONGRESS CENTER

HB 1037 HB 1058

--Executive Board; create-......---1643, 1756, 2323, 2963, 3678 --Executive Board; create ....-----..................-1735, 1881, 2323

WORTHLESS CHECKS

SB 86 HB 68

--Deceptive practices; Criminal Code ............928, 930, 1018, 2800 --Maker with no account;
prosecution -..___..__...,-..._.--........ 114, 146, 428, 502, 1225

WRBN RADIO HR 242 --Warner Robins, Georgia; commend ....--.-----...----------1495

WRECKERS HB 1001

--Motor vehicles; tow only to first exit on interstate highway systems _.........--....._.....__..........1635, 1750, 2320

INDEX

4083

WRIGHTSVILLE, CITY OF HB 712 --Mayor and Council; salaries-------784, 857, 1202, 1214, 2487

Y
YOUNG, HONORABLE J. GORDON HR 14 --Express sympathy for passing of _----_------_---- ,,__________ 84

YOUTHFUL OFFENDER ACT

HB 753 HB 842

--Community rehabilitation centers-- 855, 921, 1656, 1818, 2852 --Sentencing; conditional releases-----1005, 1193, 1656, 2588

ZONING HB 326
HB 320 HB 319
HB 96

z
--Metropolitan Area Planning and Development Commission; redistrict ---------------- 299, 359, 429, 3371
--Planning and zoning; municipal powers ---- _,, 298, 358, 798 --Planning commissions; multi-county planning
commissions --__,,-----.,,,,..,,__.._. 298, 358, 798, 2072, 2230 --Rezoning; State departments and boards of education;
review of applications -._.__.,,----------_--_______________127, 175

4084

INDEX

Part II

HOUSE BILLS

HB 1
HB 2
HB 3
HB 4
HB 5
HB 6
HB 7
HB 8
HB 9
HB 10 HB 11 HB 12 HB 13 HB 14
HB 15 HB 16 HB 17
HB 18 HB 19
HB 20
HB 21
HB 22 HB 23
HB 24 HB 25 HB 26 HB 27

--Minimum Foundation Program of Education; ad valorem

tax for education _____,,._._____.,,_. 58, 76, 161, 187, 2371, 2452, 2517,

2521, 2542, 2896, 3012

--Georgia Territorial Electric Service Act;

create __.._....__.._._..._........... 58, 77, 703, 883, 2358

--Traffic violations; bail ---58, 77, 121, 152, 494, 801, 873, 2127,

2360, 3108, 3376

--State Bar Examination; students'

eligibility ---.--___._...__.-,,.............. 58, 77, 81, 259, 1293

--State Bar Examination; accredited law

schools --.----.----_._.-----.---.__.._...

58, 77, 259, 668

--State Employees' Retirement System;

Department of Public Safety ---- 59, 77, 2321, 2654, 3623, 3628

--General Assembly members; court

continuances -- .,,__.___------______------.59, 77, 120, 153, 650, 650

--Eminent domain; special master;

compensation ....._._..._..____...____......_.........____....59, 78, 121, 154, 262

--Eminent domain; hearings before special master;

General Assembly members -_______.__.__________._59, 78, 120, 154, 649

--State Examining Boards; additional points ....................59, 78, 121

--Income tax; married taxpayers ____________,,_.,,_____________.__...__.___._._ 60, 78

--Criminal Code; death penalty ......60, 78, 148, 328, 487, 594, 1327

--Criminal cases; unsworn statements .._____.....,,_ 60, 78, 640, 880, 2358

--Trade names; Uniform Limited Partnership

Act _......___.........__.......-.._-........._..................................60, 79, 118, 495

--Estates; nonresident executors .......................0, 79, 119, 649, 652

--Property; criminal damage ....._______...--_.___.....__.............. 60, 79, 119

--DeKalb County Superior Court; six terms

annually ....-___...._..__.......___...._..___..........__.....61, 79, 258, 315, 1224

--Air commerce; taxation _.__.........__.........61, 79, 1661, 2091, 3008, 3473

--Atlanta, City of; Fulton and DeKalb Counties;

reincorporate ................................... 61, 79, 1022, 1047

--Atlanta, City of; Board of Education;

reorganize _..__,,,,____,,___..__.._--------,,__ 61, 80, 1022, 1028

--Driver License Medical Advisory Board;

create __...._..------------ 61, 80, 641, 1421, 1518, 2639, 2661

--Motor vehicles; seat belts mandatory .____........__..._.... 62, 80, 641, 875

--Peace Officers' Annuity and Benefit Fund;

disability benefits ............................62, 80, 1895, 2156, 3150, 3203

--Georgia Election Code; poll hours ........62, 80, 575, 968, 1112, 1300

--Georgia Election Code; poll hours ...............................62, 80, 575

--Property; foreclosure proceedings ............................62, 80, 314, 390

--Banks; certificates of deposit;

governmental units _______________ 62, 81, 1019, 1240, 1778, 1815

HB 28 HB 29 HB 30 HB 31 HB 32
HB 33 HB 34 HB 35 HB 36
HB 37
HB 38 HB 39 HB 40
HB 41
HB 42 HB 43
HB 44 HB 45 HB 46
HB 47 HB 48
HB 49
HB 50
HB 51
HB 52
HB 53 HB 54 HB 55 HB 56 HB 57
HB 58
HB 59
HB 60 HB 61

INDEX

4085

--Death penalty; felony cases ---._____-__--___.___.___..__._.........._....._.76, 116

--Wheeler County; County clerk .,,._...._...__,,_._ 105, 139, 488, 488, 925

--Wheeler County; Sheriff's salary .___.._.._..105, 139, 488, 488, 925

--Wheeler County; Ordinary's clerk .-.___.___106, 139, 488, 489, 925

--General Assembly; annual salary and

allowances ---.----._-__.--.--___________________-.106, 139, 1484, 1576

--Civil cases; consolidation; separate trials ----..106, 139, 365, 446

--Georgia Industrial Loan Act; penalty provisions ....106, 139, 572

--Garnishment; officials of State government .... .......106, 139, 1482

--Teachers' Retirement System; military

service credit .......-.---__--.--.--....._....-..._._._..__.........__..._...._. 106, 139

--Georgia Criminal Justice Act;

representation ...

............ 107, 140, 1201, 2139, 2229, 2881

--Uniform Arbitration Laws; establish ----..--____................ 107, 140

--Teachers; Health Insurance Plan ____107, 140, 258, 387, 2644, 2736

--Uniform Commercial Code; warehouseman's

liens _----.-._-._--__----....__.----_-.____----,______ 107, 140, 428, 525, 1779

--Georgia State Board of Nursing Homes;

education programs .._.___._........__.--..--.__.107, 140, 486, 1264, 2042

--General Election Day; public holiday ....._.._._......_..... ........107, 140

--Georgia Election Code; voting machines; disabled

and elderly persons _..._.._.-___..___.__. 108, 141

--Jury Commissioners; appointment ..--..............._...--........... 108, 141

--Jury lists; revise annually __.__._..--._..____

108, 141

--State Employees' Retirement System; Tax

Commissioners, Collectors and Receivers _____ ... 108, 141, 1560,

1700, 2945, 3032

--Jury lists; revisions __...___.______.__.__________ 108, 141, 314, 400, 1225

--Juvenile Court Code; jurisdiction..... ......109, 141, 721, 1657, 2158,

3604, 3608

--Georgia Board of Private Detective and Private

Security Agencies; create ,,..__._._ 109, 142, 703, 931, 2358, 2430

--Minimum Foundation Program of Education;

preschool children ___._...__....__..________..________..--___... ..--.... ....109, 142

--Fluoridation; incorporated communities ........109, 142, 162, 223,

799, 961

--Uninsured motorists; amend 1971

amendatory Act ___.._________________._.._____.... 109, 142, 148, 218, 3009

--Traffic; civil cases involving accidents _____...________.....__......._. 110, 142

--Public Service Commission; Office of Public Counselor 110, 142

--State employees; health insurance plan......... 110, 143, 258, 316, 871

--Torts; motor vehicle collisions _______....._____._. 110, 143, 259, 393, 1225

--Minimum Foundation Program of Education; special assistance funds ._........_..__._......_ 110, 143, 161, 266, 594, 1975, 2542

--State Employees' Retirement System; 35 years' service .,...__._........_._.......__._........__..-.......-.........Ill, 143, 1484, 2884

--Georgia Election Code; candidates qualifying with more than one party .______._____....._____....______._ 112, 144, 259, 332

--Public Service Commission; motor carriers ...... 112, 144, 262, 3678

--Railroads; station signs _.................--......----.......... ... ..... 112, 145

4086
HB 62
HB 63 HB 64
HB 65 HB 66
HB 67
HB 68 HB 69 HB 70 HB 71 HB 72 HB 73
HB 74 HB 75
HB 76 HB 77
HB 78
HB 79
HB 80 HB 81
HB 82
HB 83
HB 84 HB 85
HB 86 HB 87
HB 88
HB 89
HB 90
HB 91 HB 92
HB 93

INDEX
--Shrimp used for bait; use of powerdrawn nets ..._.....__....._.._.._...._....._......... 113, 145, 259, 323
--Torts; homicide of husband or parent--.-. 113, 145, 314, 396, 1225 --Minimum Foundation Program of Education;
professional school personnel ------------------------113, 145 --Judges; municipal courts ------------------113, 145, 148, 186, 2040 --Calhoun County; Tax Commissioner's
salary -------------------------------- --113, 145, 488, 489, 925 --Gasoline Franchise Practices Act; distributors
or dealers .._...___.--.....----....._._.114, 146, 1021, 1439, 2644, 2737 --Banks; worthless checks or drafts.....----. 114, 146, 428, 502, 1225 --Ordinaries; photostatic equipment-------------- 114, 146, 259, 320 --Courts; preservation of advertisements.--------. 114, 146, 259, 322 --District Attorneys; concealed weapons ----.----.114, 146, 366, 523 --Deadly weapons; negligent discharge......_________. 115, 146, 1659 --Department of Public Safety; accident
reports -------------------------------- ..115, 146, 427, 533, 1107 --Hunting and fishing licenses; liability insurance __------__. 115, 147 --State Employees' Retirement System; probation
offices -------- -----------------------------115, 147 --Traffic offenses; punishment--.-------------115, 147, 366, 538 --Clayton County Board of Commissioners; comptroller-
administrative assistant --------115, 147, 366, 367, 1226, 1254 --No-Fault Insurance; Georgia Motor Vehicle
Accident Reparations Act ----------------..116, 147, 1482, 2381 --Detention facilities; minimum
standards --------------------116, 147, 429, 511, 924, 1250, 2852 --Income tax; local property tax credit--------------------116, 148 --Lee County; Ordinary; clerical
assistance --------------------------....124, 173, 1201, 1202, 1773 --Lee County; Superior Court Clerk's
salary -___.-----...------..----..._------124, 173, 366, 367, 715 --Agencies; termination and revocation of
relations --------------------------124, 173, 427, 500, 1779, 1812 --Income tax; local option----------------124, 173, 1317, 2664, 2854 --Atlanta, City of; Ombudsman Chapter of the
Charter _.-_------------------------------ 125, 173, 2007, 2012 --Consumer Affairs Advisory Commission; create--------125, 173 --State Employees' Retirement System; transfer to U. S.
Government agency --------------------125, 173, 1316, 1436, 2359 --Georgia Election Code; solicitation of
votes at polls ----------.---------------------------125, 174, 259, 377 --Georgia Election Code; presidential preference
primary-------- 125, 174, 259, 379, 3380, 3521, 3545, 3570, 3571 3592, 3630, 3631
--State Board of Pardons and Paroles; powers and duties ------------------------------------.125, 174
--Credit institutions; prohibit discrimination......----. 126, 174, 2464 --Board of Dental Examiners; compensation.---- 126, 174, 702, 1291,
3009, 3027 --Criminal Code; use of knives.--------------....---- 126, 174, 2005

HB 94
HB 95
HB 96
HB 97
HB 98
HB 99
HB 100 HB 101 HB 102 HB 103
HB 104 HB 105
HB 106
HB 107 HB 108 HB 109 HB 110 HB 111
HB 112 HB 113 HB 114 HB 115 HB 116
HB 117
HB 118
HB 119
HB 120
HB 121
HB 122
HB 123
HB 124

INDEX

4087

--Peachtree City; corporate limits .---------------------------- 126, 175, 1375, 1376, 2644, 2663
--Criminal cases; State's right to appeal ----...----------------------126, 175, 258, 398, 1570
--Rezoning; State departments and Boards of Education ----_._.--____,,----._._----_.__--___--__--.------------127, 175
--Counties and municipalities; purchase price of real property ....-- --.--._-------------------------- 127, 175
--Motorcycles; headlights and rear lights ------------------.--.--------127, 175, 427, 509, 1224, 1506
--Ben Hill County; Court of Ordinary; traffic cases --------------.---------------------- 129, 177, 366, 368, 715
--Union City, City of; repeal charter.------------. .. .. 129, 177 --Fairburn, City of; repeal charter..--.-----.---.---129, 177 --East Point, City of; repeal charter.--------------.---- 129, 177 --College Park, City of; Charter; provide
new charter _.....-._----_--....------...--....--------------.. 129, 177 --Taxicabs; operation within municipalities------------129, 177 --Dougherty Judicial Circuit; Judge's
salary .----...--....._----------___.....----------.130, 177, 314, 368, 716 --Open Space Lands Assessment Act; State Agricultural
Land Evaluation Board .._.------------------------------ 130, 178 --Excise tax; admission charges .------ ----------------...... 130, 178 --Motor Fuel Tax Law; refunds __.--__----------._----------._ 130, 178 --Hotels and motels; excise tax .--_------....----......_. --------_ 130, 178 --Excise tax; food and drinks _--.--------------------_. ----..131, 178 --Land developers; reinterment of human
remains -.------._.__------------------___----...131, 178, 642, 953, 2635 --Jewelry auctions; regulations.._.--.--......... 131, 178, 572, 761, 1512 --Georgia Contractors Licensing Board; create .... 131, 178, 703, 976 --Palmetto, City of; Charter; repeal._------_---------------_.132, 179 --Hapeville, City; Charter; repeal _..----.------. ----------..----132, 179 --Atlanta, City of; Corporate limits;
enlarge and redefine __--_-------------------------------- 132, 179 --Atlanta, City of; Corporate limits;
enlarge and redefine --.--.----------------------.......... -- 132, 179 --Atlanta, City of; Corporate limits;
enlarge and redefine -------------------------..--. ...-- 132, 179 --Atlanta, City of; Corporate limits;
enlarge and redefine --------------------------------. 132, 180 --Atlanta, City of; Corporate limits; enlarge and
redefine ........--...----...----------.__.__.-----..---------- --....133, 180 --Atlanta, City of; Ad valorem millage for educational
purposes; filed with City Clerk .........133, 180, 2198, 2204, 3153 --Atlanta, City of; pedestrial traffic between private
premises; bridges, tunnels, etc .---- 133, 180, 2198, 2206, 3013, 3201
--Fulton County; Atlanta and Fulton County; transfer of employees; pensions--------------.------133, 180
--State Employees' Retirement System; State Court employees .......----------------------------134, 181

4088
HB 125 HB 126
HB 127
HB 128 HB 129 HB 130 HB 131
HB 132
HB 133 HB 134 HB 135 HB 136 HB 137 HB 138
HB 139 HB 140
HB 141
HB 142 HB 143 HB 144 HB 145 HB 146 HB 147
HB 148
HB 149 HB 150
HB 151
HB 152
HB 153

INDEX

--Jurors; examination by judge ----.--------------134, 181, 797, 1272

--Crimes punishable by death; accused rights

to be heard .------------------------------------------.134, 181, 531

--Criminal cases; judge shall fix and impose

sentence --_--------------.------------._----._.. 134, 181, 258, 573

--Judicial Council of the State of Georgia; create .--------. 134, 181

--Civil cases; consolidation of actions, certain cases --------135, 181

--Jurors; examination shall be by the judge --------...... 135, 182

--Appeals; interlocutory appeals upon

petition ____________------------------------------135, 182, 766, 1113

--Criminal cases; witnesses; immunity from

prosecution ------------------------------------135, 182, 573, 1171

--Criminal cases; discovery and inspection of

documents .-- ._------------------.--------________________ 135, 182

--Criminal cases; unsworn statements ----..----..____............... 135, 182

--Office of State Defender; establish ......------ 136, 182, 573

--Georgia Petroleum Products Marketing Act; enact .__.....__ 137, 184

--Executive Reorganization Act; Board of

Regents -------- .---------------._------137, 148, 184, 235, 1327

--State Employees' Retirement System;

Superior Courts .----.----.--------..----..-138, 184, 2611, 2879

--Uniform Standards Code for Mobile Homes Act;

enact -----._-------_.-------------_----.-------- 138, 184, 185

--General Appropriations Act; certain

agencies _----__--_----.138, 184, 702, 825, 1781, 1787, 1814, 1815,

1817, 1939, 2043

--General Appropriations Act; fiscal year

1973-74 ----_.--------.----..138, 184, 1894, 2271, 3151, 3164, 3244,

3245, 3262, 3483, 3679

--Central-South Medical School Authority; create _--------. 138, 185

--Georgia Election Code; primaries -- -------- _ .

164, 206

--Public School Employees' Retirement System;

disability allowance _.,,----.----.-------------- ___._----.... 164, 206

--Public School Employees' Retirement System;

age requirement ------------------------------ -- -- -- 164, 206

--Sheriffs' Retirement Fund of Georgia;

retirement age .--------------_.

165, 207, 574, 954, 2635

--Accident and sickness insurance;

chiropractors --------......--------------_.-------- 165, 207, 214, 2004

--Public School Employees' Retirement System;

increase benefits ...------ ....--------

.... ... 165, 207

--Sunday Business Activities Act; repeal----.---- .... . ... 165, 207

--Minimum Foundation Program of Education; vocational schools ..---------------------- 165, 207, 364, 431, 1570

--Georgia Insurers Insolvency Pool; amend ----_------ .... ----------...__ 165, 207, 258, 318, 872

--Insurance; surplus lines broker's license --------------------------.166, 207, 365, 1130, 1778, 1814

--Hot water tanks or heaters; relief valves mandatory _....----..------.----...----.----.----166, 208, 572, 756, 1512

HB 154 HB 155 HB 156 HB 157 HB 158 HB 159 HB 160 HB 161 HB 162 HB 163 HB 164 HB 165 HB 166 HB 167 HB 168 HB 169 HB 170 HB 171 HB 172 HB 173 HB 174 HB 174 HB 176
HB 177
HB 178
HB 179 HB 180
HB 181
HB 182

INDEX

4089

--Public School Employees' Retirement System;

early retirement___------------------------ 166, 208, 642, 767, 1512

--Public school systems' properties; self-

insurance plan -------------------------------------- 166, 208, 1760

--Pharmacists; certificates of registration..------ 166, 208, 486, 608

--Adoption laws; investigation and report-------------------167, 208

--Minors; change of name .----------______.____. 167, 208, 487, 1446, 2359

--Superior Court Judge Emeritus; widows' benefits------. 167, 209

--Motor vehicle license plates; ad valorem tax

refunds

- .-- .

167, 209, 430, 507, 1225

--Forest fire protection; appropriations....... 167, 209, 366, 737, 1572,

3243

--Teachers' Retirement System; retirement prior to

July 1, 1970 _______________________ 169, 210, 1895, 2127, 3155, 3216

--Motor Fuel Tax Law; liquid petroleum products

other than gasoline.------------------_------ 169, 210, 430, 663, 1327

--Banks; insurance business ------___----_---- 169, 210, 365, 1471, 2516

--Bank holding companies; stock regulations .-...-.. -- .----169, 211

--Retirement Systems; pooling of funds for investment

purposes -.._.----.--..__.__.___..._.._._..._____ 170, 211, 1759, 2502, 3672

--Teachers' Retirement System; exemptions and

immunities __..... .--------.__. 170, 211, 428, 534, 2233

--Teachers' Retirement System; public school

nurses ----

.----------------.. 170, 211, 574, 1160

--School lunch and extracurricular athletic and band

programs; funds ___..__--------------------.170, 211, 426, 526, 1327

--Fulton County; Criminal, Civil and Juvenile Courts,

Court of Ordinary; judges' salaries.__.._.____.___.____.__._.__ 170, 211

--Hotels and motels; posting of rate

schedules --------------------..._...__..._...__ 171, 212, 1481, 1621, 3153

--Eye protective devices; students and

teachers .__.........-..._......_._._......_._._._.........-..-.... 171, 212, 487, 1163

--Estates; year's support; husbands and minor

children ----_.....___.._____..._.............._...._..._...._._.__..._.._...... 171, 212, 610

--Traffic violations; bail .,,_._..._...._.............................._......._._.._ 171, 212

--Atlanta, City of; Policemen; disability

benefits ..... ______________________________.171, 212, 611, 2198, 2207, 3153

--Atlanta, City of; pension system; employees

and teachers..--.... 172, 212, 2198, 2211, 3160, 3542, 3546, 3588,

3604, 3679

--Atlanta, City of; Firemen; disability

benefits _............----..__..------....-----.._. 172, 213, 2198, 2215, 3153

--Atlanta, City of; pension system; disability benefits; employees and teachers .--.----------172, 213, 2198, 2199, 3154

--Birth certificates; mother's county of residence .... 172, 213, 1656

--Pulaski County; Board of Education; membership ____________------_. ------------_..__ 196, 249, 487, 490, 926

--Sunday Business Activities Act; repeal .... ._---------- 196, 250, 2004, 2525, 2645, 2921

--Teachers' Retirement System; 30 years' service . ........ 197, 250

4090

INDEX

HB 183
HB 184 HB 185
HB 186
HB 187
HB 188 HB 189
HB 190 HB 191
HB 192
HB 193
HB 194
HB 195
HB 196
HB 197 HB 198 HB 199 HB 200
HB 201
HB 202 HB 203
HB 204 HB 205
HB 206
HB 207 HB 208
HB 209
HB 210
HB 211
HB 212

--Atlanta, City of; salary increases; prevent change by Home Rule _--------------------------------197, 250
--Excise tax; alcoholic beverages--------------------------197, 250 --Atlanta, City of; Homestead exemption; ad valorem
tax for educational purposes --------......------- - --.-- 197, 250

--Sheriffs' Retirement Fund of Georgia;

benefits ---------------------------- -- 197, 250, 574, 956, 2636

--Georgia Election Code; judges; non-partisan

election -------------------------------- 198, 251, 1021, 1724, 1784

--Trout stamps; State Parks....----... 198, 251, 1315, 1471, 1515, 2637

--Commercial fish hatchery;

define ------------------------198, 251, 1315, 1471, 1528, 2637

--Pistols or revolvers; license applications ....__.. 198, 251, 1200, 1358

--Motion picture theatres; display of obscene

scenes -------------------------- 198, 251, 703, 1245, 3380, 3541

--State Employees' Retirement System; Pension

Accumulation Fund ---------- ... 199, 252, 574, 2379, 3614, 3614

--Teachers' Retirement System; creditable

service ------------------ ,, 199, 252, 1484, 2117, 3374, 3474

--Teachers' Retirement System; leaves of

absence -------------------------------- 200, 252, 574, 816, 3009

--Teachers' Retirement System; disability

retirement ----------......__.......-------- 200, 252, 2006, 2377, 3009

--Teachers' Retirement System; creditable

service .....______... ---------------------- 200, 252, 574, 818

--Teachers' Retirement System; local systems .... 200, 253, 862, 1264

--Workmen's Compensation; insurance carriers ....... ....... 200, 253

--Superior Court Clerks; civil cases; fees ......__._......__. 200, 253, 1199

--Closed meetings; exempt Boards of

education .. ---,,---------------------- .. 201, 253, 2196, 2977

--Georgia Treated Timber Products Act of 1973;

enact - -------------------- . 201, 253, 1313, 1579, 3008, 3100

--Insurance; policy renewals -------------------- ----------201, 253

--Atlanta, City of; pension system; employees and

teachers

,,-------------- ---------- 202, 255, 2321, 2347, 3360

--Arrest identification records; return if acquitted .--.....__.. 202, 255

--Municipalities, unincorporated areas; service

of official documents .--_.....___.___--___________-- 203, 255

--Atlanta, City of; Revenue Bond Law; pledge of

payment ._..._...__._.....-........................._._................____.......__.... 203, 255

--Income tax; municipalities to levy local income tax .... 203,255

--Atlanta, City of; delinquent tax execution; issuance after December 20 ---------------------- 203, 255, 2198, 2218, 3154

--Motor Vehicle Safety Responsibility Law; notices of appeals --------------------------_ 203, 256, 540, 703, 1447, 3011

--State Employees' Retirement System; General Assembly ,,......-_..-_____,,-___.__________--.____--___.__ 204, 256, 1484

--Fulton County; Tax Digests; certification ----------204, 256, 3072, 3073, 3672
--Georgia Election Code; municipal elections.--..----..-. 204, 256

HB 213
HB 214 HB 215 HB 216 HB 217
HB 218
HB 219 HB 220
HB 221
HB 222
HB 223
HB 224 HB 225
HB 226 HB 227
HB 228
HB 229
HB 230 HB 231
HB 232
HB 233 HB 234 HB 235
HB 236
HB 237
HB 238
HB 239
HB 240
HB 241
HB 242

INDEX

4091

--Fire Fighter's Mediation Act; extend

coverage --_-------------.. --------__ 204, 256, 1020, 1112, 1296

--Ad valorem tax for educational purposes; exemptions--. 204, 256

--Burke County; Superior Court; terms.--- 205, 257, 429, 430, 3155

--Income tax; local property tax credit ,,--------------------.205, 257

--Electors list; addresses; certification to Secretary

of State __------------------.--------__-__------------ 205, 257

--Dade County; Bade County Water Authority; members'

appointment ------- 239, 305, 487, 490, 1326, 1604

--Ad valorem tax; nonprofit hospitals ........ 239, 306, 799, 877, 1513

--Trailers and semi-trailers; annual

inspection ._------__.......----------------_------_ 239, 306, 641, 1447

--Perry, City of; Mayor and councilmen;

qualifying fees _-------------------- ... 240, 306, 487, 490, 1385

--Perry, City of; Mayor and councilmen;

election ....... .-------------------------- _ 240, 306, 487, 491, 1385

--College Park, City of; Charter; provide new

charter ._------._.....------_........------.------..----------- 240, 306

--Palmetto, City of; Charter; repeal .------_----------,,---.. 240, 306

--Thomson, City of; Charter; repeal and

replace .-----...------_.._. ............ ... 240, 306, 429, 430, 926, 1510

--Georgia Election Code; district registration 240, 306, 367, 439

--Georgia Election Code; qualifying; change method

and fee .....------. 241, 307, 367, 441, 2642, 3030, 3097, 3279, 3301

--Georgia Election Code; special

elections -------- . ......... 241, 307, 367, 442, 1671

--Georgia Election Code; primaries; unopposed

candidates .------------------------------------------ -- 241, 307

--Georgia Election Code; ballot cards ......... 241, 307, 367, 444, 2233

--Georgia Election Code; Municipal Election

Code; runoffs ___._----__.------..------------____----. 241, 307, 367, 446

--Minimum Foundation Program of Education;

transportation costs --------------------------------------.241, 307

--Firemen's Pension Fund; benefits ................................ 242, 308

--Housing Authorities Law; area of operation .................242, 308

--District Attorneys' Retirement Fund; creditable

service .....

................-___------.------ 242, 308, 1657

--State Board of Pardons and Paroles; eligibility for parole

after second or subsequent offense .-------------------242, 308

--Wine products for household use; 200 gallon

maximum ._.._------------_----------__........... 242, 308, 706, 989, 1486

--Leesburg, City of; Charter; repeal and

replace ................................_...-.. .243, 308, 487, 491, 1105, 1113

--State Employees' Retirement System; General

Assembly .....----...----..................------____.................... 243, 308

--Superior Court Judges' emeritus; widows'

benefits -.,,.,,_-...._...............--------------------..--------. 243, 309

--Atlanta, City of; corporate limits; enlarge and

redefine .--.................--..........--.....___.._..--.......... ..----._.. 243, 309

--Chattahoochee County; Board of Commissioners;

clerk's salary ................._...................._....._.. 243, 309, 488, 491, 926

4092
HB 243 HB 244 HB 245 HB 246 HB 247 HB 248 HB 249 HB 250 HB 251 HB 252 HB 253 HB 254 HB 255 HB 256 HB 257 HB 258 HB 259 HB 260 HB 261 HB 262 HB 263 HB 264 HB 265
HB 266
HB 267
HB 268
HB 269
HB 270 HB 271

INDEX

--Chattahoochee County; Tax Commissioner's salary _-____________.___.__..___.___.___________.. 244, 309, 488, 492, 926
--Uniform Rules of the Road; enact .__.________,,-___-__.-____________._______.__. 244, 309, 427, 655, 2195

--Driver's license; safe driving courses.----..--...244, 309, 641, 1122,

--Traffic violations; point

1229, 1714

system----------------------244, 309, 427, 536, 578, 1453, 3672

--Chemical blood tests; administration................ 244, 310, 427, 1609

--Executive Reorganization Act of 1972; Division of

Environmental Protection __.............245, 310, 574, 777, 800, 800

--Department of Natural Resources; Economic Analysis

Section ____________________________________ 245, 310, 574, 800, 924, 1242

--Ordinaries; law libraries; fees -- ------------.

245, 310

--Minimum Foundation Program of Education; local funds .._.__. ..._.___,,__----....---- ......_..--------... 245, 310

--Perry, City of; woodland taxation ..-..-...- 246, 311, 573, 576, 1568 --Pupil School Employees' Retirement System; termination
of membership -__.-__.----..-- .------_----------_--._...-- 246, 311 --Stephens County; Coroner's salary...-..--246, 311, 705, 706, 1385 --Unfair Trade Practices and Consumer Protection Act;
enact _--------_._.-- 247, 311, 1021, 1471, 1535, 1585, 1672, 1826 --Bureau of State Planning and Community Affairs;
functions transferred --.----...----...---- 247, 311, 315, 394, 3371 --Civil defense; immunity to persons furnishing
shelter.-.--..._.._-....----.--.------..----_..--247, 312, 1483, 1717

--Joint Municipal Employees' Retirement System; amend ___________,,__..___..__.______________......247, 312, 1484, 1720, 3151

--Occupational Safety and Health Act of 1973; enact _-___-_-_---__.--__--------.._-------- 247, 312, 1020, 1384

--Trading stamps; display of cash equivalent value .______.__. 248, 312 --Atlanta, City of; judges; pension benefits-.------- 248, 312, 387 --Dalton, City of; pension plan for
officers and employees ------.-..--.--.--248, 313, 488, 492, 926 --Georgia Credit Code; provide for --.-_.--__.--------__--------249, 313

--Georgia Securities Act of 1973; provide for ---------------------- 286, 349, 1019, 1296, 1395, 2636

--Federal-aid projects; relocation expenses ..-----------. 287, 349, 429, 755, 2638, 2676, 2946, 3062,

3097, 3206, 3376 --Fire Fighter's Mediation Act;
city-county governments ----..--.--_--______________.--------...287, 349

--State Employees' Retirement System; military service .______._______________________________----.._.______.287, 349

--Natural Resources Act of 1973; provide for ----------------------....--------287, 349, 641, 749, 1391

--Off-Road Vehicle Act of 1973; provide for ____________________----........----....... ......._--.....287, 349

--Georgia Election Code; qualification fees __________________________287, 350

--Housing Merchant Liability Act; enact _-___.._________________.288, 350

HB 272 HB 273
HB 274 HB 275 HB 276 HB 277 HB 278
HB 279 HB 280
HB 281 HB 282 HB 283 HB 284 HB 285 HB 286 HB 287 HB 288 HB 289 HB 290 HB 291 HB 292 HB 293 HB 294 HB 295 HB 296 HB 297 HB 298 HB 299

INDEX

4093

--Georgia Legislative Retirement System; membership ______ ________________________________________________________.288, 350
--State Employees' Retirement System; Tax commissioners, collectors and receivers ______________________________________________________________________ __288, 350
--Traffic cases in Courts of Ordinary; use of funds for law libraries ______ 288, 350, 428, 519, 2043, 2122
--Insurance cases; bad faith _____________ __ _.__._____________________________288, 350 --Teachers' Retirement System;
withdrawal of contributions --------,,__._________________________289, 350 --Marketing practices; regulate __________________ _______________________.___.289, 351 --Minimum Foundation Program of Education;
teachers' contracts ______ 289, 351, 1019, 1246, 2039, 2124, 2359, 2361, 3014, 3536
--Judicial Circuits; Assistant District Attorneys' salaries __,,_________________________-------_____ 289, 351, 2611
--Secretary of State; Acts and Resolutions of the General Assembly; compilation _____________________________ 289, 351, 642, 821, 1780
--Atlanta, City of; pensions; deferred payments ___________________________________________________ ,291, 353
--Atlanta, City of; Board of Trustees; composition ___,,..____________________________________------___ 291, 353, 3072, 3074
--Atlanta, City of; Teachers' Retirement System; transfer of funds __________.__,,...__....__ 291, 353, 2195
--Atlanta, City of; pensions; deferred payments _______________ 292, 353 --Atlanta, City of; pensions; Federal
D.A.S.I. program __________________ _________.____,,---_-___ 292, 353, 2536 --Atlanta, City of; Fire Department;
pension eligibility __________________..__._______.___..__,,__________.____292, 353 --Atlanta, City of; pensions; monthly earnings _____________ ________292, 354 --Atlanta, City of; pensions; eligibility
for benefits -________-_--_--_-_--293, 354 --Teachers' Retirement System;
creditable service ____________________________________________________________293, 354 --Atlanta, City of; pensions; population figures ---___.__.-__ 293, 354 --Atlanta, City of; employees'
retirement benefits ____________________________________.____________________293, 354 --Atlanta, City of; City-County Pension
Fund Study Commission ______.,,___.___________293, 354 --Alcovy Judicial Circuit; judge's salary _...____._. 293, 354, 1199, 1206 --Alcovy Judicial Circuit; court reporter;
authorize employment ______,,..____________--_._ 294, 355, 487, 576, 3371 --Alcovy Judicial Circuit; judge's salary ........ 294, 355,1199,1207 --Newton County; business license
fees; levy .__._.._.__ _,,.__..... ..__-___.___294, 355, 487, 492, 926 --Private employment agencies;
management consultants __,,,,_____,,,,--,,__.,,____________________294, 355 --Insurance; employer-employee agreements; define ________ 294, 355 --East Point, City of; corporate
limits ...... _..._._._._..__.__.______.,_______....294, 355, 2007, 2011, 2850, 3024

4094
HB 300 HB 301 HB 302 HB 303 HB 304 HB 305 HB 306 HB 307 HB 308 HB 309 HB 310 HB 311 HB 312 HB 313 HB 314 HB 315 HB 316 HB 317 HB 318
HB 319 HB 320 HB 321
HB 322
HB 323
HB 324
HB 325
HB 326

INDEX
--State Depository Board; state funds .__....._...-__295, 355,1019, 1112 --Driver's license; minimum age ------------------295, 356, 427, 956 --Atlanta, City of; Fire Department;
pension benefits ------------------. 295, 356, 3072, 3077, 3379, 3543 --Atlanta, City of; Police Department;
pension benefits ._-------- -- 296, 356, 3072, 3078, 3379, 3544 --Atlanta, City of; pension benefits;
officers and employees ---------- 296, 356, 3072, 3079, 3379, 3544 --Atlanta, City of; pension; eligibility
for participation .__------._--------____------ 296, 357, 882 --State Soil and Water Conservation
Committee; merit system ------------------.296, 357, 366, 972, 2233 --Peace Officers' Annuity and Benefit
Fund; increase benefits ------------------249, 313, 574, 763, 2040 --Peace Officers' Annuity and Benefit
Fund; eligibility ______----_______.----_...._______ 249, 313, 574, 774, 2040 --Compensation of State Officials; annual
salary and allowance ______.._..------___--------_----_.__.______----296, 357 --Compensation of State Officials; annual
salary and allowance --------..___________._----_________----_.___297, 357 --Compensation of State Officials;
annual salary and allowance ------ ____----_--.------ . 297, 357 --Compensation of State Officials;
judges, district attorneys -----------------------------------297, 357 --Compensation of State Officials; Lt.
Governor; General Assembly ---------------------------297, 357 --Jury commissioners; salaries ----------------------297, 357, 797, 951 --Public School Employees' Retirement
System; prior service credit ----.297, 358, 1658, 2560, 3380, 3481 --Emanuel County; Ordinary's salary _.._._--. .297, 358, 573, 577, 1385 --Motor vehicles; impoundment _______ 298, 358, 1678, 2321, 2324, 3361 --Superior Court Clerks; minimum
salaries ----------------____.__.----298, 358, 574, 677, 719, 1316, 1471, 1535, 2894, 2914
--Municipalities; multi-county planning commissions .-_._____.____--,,--------__.._____--.298, 358, 798, 2072, 2230
--Planning commissions; planning and zoning powers ._.__________----_______________------.----298, 358, 798
--Department of Administrative Services; Fiscal Division ________......----._._______ 298, 359, 1019, 1275, 3360, 3482
--Tallapoosa Judicial Circuit; judges and district attorney; salaries --------------.......__.....___________299, 359
--Superior Court Clerks; retirement benefits----------------------------------299, 359, 2639
--Sunday business activities; amend and repeal certain laws __----...._.._.._------_----.,,--.----____.299, 359
--State Personnel Board; Merit System Compensation Plan ------____.._...--.------.299, 359, 1510
--Metropolitan Area Planning and Development Commission; redistrict ----------299, 359, 429, 3371

HB 327
HB 328 HB 329 HB 330 HB 331 HB 332
HB 333 HB 334
HB 335
HB 336
HB 337
HB 338
HB 339
HB 340
HB 341 HB 342 HB 343 HB 344
HB 345
HB 346
HB 347
HB 348
HB 349
HB 350
HB 351
HB 352 HB 353
HB 354
HB 355

INDEX

4095

--Public Service Commission; commis

sioners' emeritus ----___------------.----...----....___....--.300, 360, 2466

--Excise tax; tobacco __._----__.----_--------____--..______..----300, 360

--Excise tax; malt beverages ......__... 300, 360, 1763, 2067, 3263, 3286

--Income tax; sales tax credit __..----.--------------..----------300, 360

--Counties; levy local retail sales tax _.___----------__--._____--___--300, 360

--Georgia Boating Safety Act;

enact _..----------------.----..------. 301, 360, 1658, 2049, 2850, 2900

--Alcoholic beverages; unbroken packages ______...._....----...______301, 361

--State Employees' Retirement System;

termination of membership ____________------.----_------_.--302, 361

--Department of Transportation;

Director's salary ___.__-__-_-.-_-__----..----_____----__------302, 361

--Compensation of State Officials;

Supervisor of Purchases _~.--. - .__. 302, 361, 1658, 2702

--State Board of Pardons and Paroles;

increase size _------_----_.--------------------302, 361, 487, 592, 2040

--Department of Administrative Services;

Commissioner's salary --------____----_--------_----302, 362

--Department of Banking and Finance;

Commissioner's salary _______________------------___----------__---302, 362

--Department of Banking and Finance;

Commissioner's salary ----------------____--------------303, 362

--Department of Administrative Services;

Commissioner's salary ------_----__--,,----___--._____--303, 362

--State Board of Corrections; Director's salary .--------------.303, 362

--Compensation of State Officials; General Assembly ----303, 362

--Department of Public Safety; Uniform

Division; compensation ..__....._._..... 303, 362, 427, 778, 3010, 3477

--Clayton Judicial Circuit; judges;

salary supplements --------------------------------303, 363, 487, 577

--State Employees' Retirement System;

annual and sick leave ..-_.-_...._------..--------------304, 363, 1316

--Public School Employees' Retirement

System; contributions __.--------------__----_--------------304, 363

--Georgia Code of Public Transportation;

enact -___----.-----_-..--..-_....-_..----.-----------_--. 336, 414, 572

--Department of Administrative Services;

grants for traffic control and

street maintenance --------._----------___.- 336, 415, 572, 666, 1389

--Department of Transportation; statewide

transportation plans -----------------------------336, 415, 572, 680

--Department of Transportation;

road signs

_..._....-337, 415, 572, 765, 1513

--Corporation charters; powers ----.-.337, 415, 572, 659, 1328, 1970

--Banking Law; expansion or extension

of existing facilities ..------------------337, 415, 1019, 1286, 3009

--Georgia Building and Loan Commissioner;

charters _----._----.....--....-------------------337, 416, 572, 655,1328

--Banks; purchase of instruments .-- .337, 416, 572, 657, 719, 1313,

1471, 1539, 2637

4096
HB 356 HB 357
HB 358
HB 359 HB 360
HB 361
HB 362 HB 363 HB 364 HB 365 HB 366 HB 367 HB 368 HB 369 HB 370 HB 371 HB 372 HB 373 HB 374 HB 375 HB 376 HB 377 HB 378 HB 379 HB 380 HB 381 HB 382 HB 383 HB 384

INDEX

--Banking and Finance Commissioner;

articles of incorporation -_----___----.....338, 416, 572, 1151, 1779

--Habeas corpus petitions; jurisdiction

and venue ------------------__------- ... ....338, 416, 487, 739

--Georgia Peace Officers' Standards

and Training Act; minimum age ._____.----.338, 416, 642, 823, 2040

--Constitutional Convention; provide for _..__________.338, 416, 575, 1176

--Local Health and Rehabilitative Services

Act of 1973; enact ....

338, 417,1020, 1471,1925

--Minimum Foundation Program of

Education; instructional materials

and media ..----__--------..--------------.--339, 417, 797, 990, 2040

--Georgia Educational Accountability Act; enact ------------339, 417

--State Board of Education; powers -------.----339, 417, 426, 800

--Schools; immunization prior to admission 339, 417, 426, 511, 1328

--Minimum Foundation Program of Education;

personnel allotment ------------------------------.... 339, 417

--Minimum Foundation Program of Education;

teacher allotment ---.-.-.------.___----------------340, 417, 1019

--Georgia Educational Research and

Development Act; enact ...------------_.--. -- 340, 418, 2003, 2508

--Teacher Evaluation and Tenure Act;

enact _-__------___,----..-__.....-------------_.340, 418, 2192, 2679

--Georgia Educational Accountability

Act; enact ._..--_.._...-------------..--------.340, 418, 2192, 2688

--Criminal Code; hypnotism and

mesmerism -------------- .. .__.------ 340, 418, 1314, 2168

--Georgia Historical Commission;

transfer functions --------._----------------340, 418, 704, 875, 2040

--Georgia Post Mortem Examination Act;

Medical Examiners' fees .......---- .. 341, 418, 486, 675

--Wilkes County; Tax Commissioner's fees __. 341, 419, 488, 493, 1385

--Forest fire protection; privately

owned forest land --------....--------.__----------.._..----....341, 419

--Child abuse; reports by school

system employees ----------------------341, 419, 1020, 1248, 2041

--Income tax; Georgia National Guard .__...------------------341, 419

--Bail bond; offenses involving

narcotics ......................................342, 420, 640, 1132, 3360, 3383

--East Point, City of; Mayor and

City Councilmen; vacancies --------._._.----__._.--....____--... ..343, 420

--Superior Court Judge Emeritus; eligibility ...........----_.... 304, 363

--State Board of Corrections; inmates'

benefits upon release ___..----------___.._. 343, 420, 797, 1282, 2233

--State Board of Corrections; prison transfer ___------___----343, 420

--Interstate Agreement on Detainers;

State shall be a party to ____.------__.------.----343, 420, 1485, 2873

--Superior Court Judge Emeritus;

compensation for certain duties ------.304, 363, 1560, 1729, 3371

--Department of Public Safety;

traffic citations ___...------ .................343, 421, 1316, 1471, 1530

HB 385 HB 386 HB 387
HB 388 HB 389 HB 390 HB 391 HB 392 HB 393 HB 394
HB 395
HB 396 HB 397 HB 398 HB 399 HB 400 HB 401 HB 402 HB 403 HB 404 HB 405 HB 406 HB 407 HB 408 HB 409

INDEX

4097

--Georgia Civil Defense Act; redefine policies .---------- __--------_ 343, 421, 796, 1340, 2041
--Department of Public Safety; Division of Investigation; drug agents ...--..-......344, 421, 642, 759, 2041
--Columbus, City of; Urban Services District taxes; homestead exemptions ,, .. ------.--------___._-- 344, 421, 488, 493, 926, 3279
--Sales tax; objects of art --........_----....344, 421, 430, 498, 927, 1508 --Macon Judicial Circuit; district
attorney's salary --------.......304, 363, 488, 493,1328, 2135, 2639 --State Employees' Retirement System;
medical examinations ----_______--------.____----305, 364, 1484, 2505 --State Employees' Retirement System;
domestic life insurance companies --.----....-305, 364, 1484, 2507 --Teachers' Retirement System; domestic
life insurance companies --.....------........---- 305, 364, 1484, 2507 --Georgia Legislative Retirement System;
credit for prior service --------------,,.....--__......___----305, 364 --Candidates holding public office must
resign before qualifying to run for another public office --------.________..----_______.__. ..344, 422, 575, 970 --Georgia Peace Officers' Standards and Training Council; establish _______ 345, 422, 798, 1371, 1629, 1694,
2197, 2925, 3018, 3018 --Banking Law; control of stock indirectly _________________345, 422 --Water Recreation Act of
1973; enact --......._....-------- 345, 422, 1021, 1921, 2034, 2886, 3676 --Public Service Commission;
motor vehicle inspections __,, ,,----______________--345, 422, 641 --Blood and alcohol chemical tests;
admissibility of evidence --------______--------___,,_._----345, 423, 641 --Law enforcement officers;
criminal proceedings ______________________ 346, 423, 641, 958, 3011 --Department of Public Safety;
relocation expenses _..........--------........---- .._._ 346, 423, 641, 959 --Department of Public Safety; additional
duties; compensation --____--------------__----_------.346, 423 --Department of Public Safety;
employees' compensation ----_________._----------______--_ 346, 423 --Radio transmission interception;
penalty for misuse --___--_----_______------------__------346, 423, 641 --Municipal Courts; traffic violations ............_.................--___347, 423

--Board of Public Safety; quorum for discharge of business ----------------._--------347, 424, 641, 964

--Motor Vehicle Certificate of Title

Act; filing fee

-_------_--------------------347, 474, 1657

--License plates; penalty fee for late purchase .....-.----.......__--------___- 347, 424, 799, 877, 2234

--Taxation on tangible property; installment payments --,,,,_._...__----------___________--347, 424

4098
HB 410 HB 411 HB 412 HB 413 HB 414 HB 415 HB 416 HB 417 HB 418 HB 419 HB 420 HB 421 HB 422 HB 423 HB 424 HB 425 HB 426 HB 427 HB 428 HB 429 HB 430
HB 431 HB 432
HB 433
HB 434
HB 435
HB 436
HB 437

INDEX
--Traffic regulations; cities and local authorities --------------------347, 424, 487, 661, 2638, 2741
--Georgia Correctional Industries Administration; membership _______________ 348, 424, 797, 1161, 2234
--Intangible Property Tax Act; real estate instruments securing long-term note --348, 424, 640, 1164, 3011
--Estates; executors or trustees; compensation --------------------------------.348, 425, 640, 974, 1779
--Chatham County; commissioners and ex officio judges -----------------------------406, 479, 573, 577, 1385
--State Board of Barbers; create ------------406, 479, 486, 772, 2490 --Public Assistance Act; illegal recipients ___.--___----_______406, 479 --Drug offenders; maximum punishment
for certain offenses -.--------------------------..--------406, 479 --Uniform Narcotic Drug Act;
contraband vehicles --------------------------406, 479, 1200, 1611 --Criminal cases; rights of accused ----------..------------. 406, 479 --Veterans' exemptions; reimbursement to
counties and municipalities ------------__..._..___....__407, 479 --Preschool Educational Facilities;
establish and maintain ------------__._...------------407, 480, 1020 --Candler County; Sheriff's salary ----------407, 480, 705, 706, 1385 --Candler County; Board of
Commissioners; salaries ------_--______.407, 480, 705, 707, 1385 --Registration of motor vehicles;
sworn statements ------------------------407, 480, 1315, 1606, 2637 --Courts; video recording equipment ------------ 408, 480, 797, 1284 --State employees; minimum compensation--------..-----------408, 480 --Bank holding companies; Fiduciary
Investment Company Act ------------408, 480,1019,1236, 2637 --Security deposit payments; interest---------------408, 481, 2192 --State Building Administrative Board;
Housing Section; supervisor's duties --------------.408, 481,1763 --Department of Community Development;
State Office of Housing Section ------------------------.----408, 481, 1763, 2551, 2646, 2941 --Minimum Foundation Program of Education; vocational programs ----------------------409, 481 --Minimum Foundation Program of Education; capital outlay ----------.--.409, 482, 1655, 2130, 3151
--State Board of Examiners for Registered Professional Sanitarians; terms ..--------.348, 425, 486, 958, 3371
--Apartment complexes; electrical power requirements ------......_----------_------------.--348, 425
--Department of Administrative Services; office space .._--_---------------------------------_409, 482, 578
--Department of Administrative Services; Federal surplus property program ____. ----------------410, 482
--Department of Administrative Services; public authorities .--------------._..--.__--------------410, 482

HB 438 HB 439
HB 440 HB 441
HB 442
HB 443 HB 444
HB 445
HB 446 HB 447
HB 448
HB 449
HB 450
HB 451 HB 452
HB 453 HB 454 HB 455 HB 456 HB 457 HB 458 HB 459 HB 460
HB 461 HB 462 HB 463 HB 464 HB 465 HB 466

INDEX

4099

--Ordinaries; primary and election results;

public announcement _------..------------------410, 482,1485,1708

--Office of Planning and Budget; minimum

standards for counties and

municipalities --------------------410, 482, 1317, 1619, 1674, 2946

--Criminal Code; improper advertising of goods ------------410, 483

--License plates; Georgia

National Guard

_ _. 410, 483, 796, 1230, 1777

--School boards; liability insurance

for employees .......---- __ ---- 411, 483, 1760, 2119, 3371

--Labor; employer-employee relations---------------------------411, 483

--Georgia Animal Importation

Act; enact ------.------..------------.411, 483, 578, 1315, 2502, 3676

--District Attorneys Association of

Georgia; Office of Prosecution

Coordination ----------.--------------411, 483, 487, 594, 2194, 2655

--DeKalb County; municipal streets

rights-of-way .----------------------------.412, 484, 2468, 2475, 3369

--Municipalities; bridges and tunnels;

authority to erect, all public ways ------------------------412, 484

--State Board of Corrections; penalty for

possession of a deadly weapon .--------.412, 484, 487, 1119, 2042

--State Board of Corrections; Department of

Offender Rehabilitation; exemption

from jury duty ----------------------------------------.--412, 484

--Health and Sanitation Standards

for Individual Water Supply Systems;

minimum standards ------------_--------------------412, 484

--Georgia Health Code; ambient noise control ----------413, 484, 2465

--Jefferson, City of; create

new charter ...------._--....-------------- 413, 485, 1896,1897, 2635

--Macon, City of; Macon

Transit Authority ------------_----_----.....--___ 413, 485, 573, 1386

--Columbus Airport Commission;

powers and duties .___----------------------460, 557, 643, 643, 1386

--Transient Merchant Law of Georgia;

licenses .-------------------------- - --_..--461, 557, 1482, 1710

--Total divorce; additional grounds ------461, 557, 1201, 1864, 2636

--Carroll County; Coroner's salary ------.----461, 557, 643, 644, 1386

--Concealed weapons; change description ------------------461, 557

--Alimony; revision upon petition ...--------------------_461, 558

--Motor Vehicle Sales Finance Act;

penalties for violations ------------.----._------------462, 558

--Riverside, Town of; ad valorem tax --------462, 558, 643, 644, 1386

--State Bar Examination; educational requirements --.-----462, 558

--Motor vehicles; loose materials ----------___.------------462, 558

--Fluoridation; municipal referendums --------------462, 558, 1760

--Jury panels; number of strikes

allowed --__----.----------.--------------.----.463, 558, 1021, 2918

--Motor vehicle suspension systems;

penalty for alteration ---------------413, 485, 1315, 1617, 3152

4100
HB 467 HB 468
HB 469 HB 470 HB 471
HB 472 HB 473
HB 474 HB 475
HB 476 HB 477 HB 478
HB 479 HB 480
HB 481
HB 482 HB 483
HB 484
HB 485
HB 486 HB 487
HB 488
HB 489
HB 490 HB 491
HB 492 HB 493 HB 494 HB 495
HB 496 HB 497 HB 498

INDEX
--Critical Areas Act of 1973; enact ------------------------413, 485 --Georgia Health Code; civil
penalties _--------.--.____.________________.__.________414, 485, 1760 --Confined Animal Contract Act; provide for ___------414, 485, 1314 --Counties; tax relief; grants ________________________.________________.___.________414, 485 --Department of Administrative Services;
Telecommunications Consolidation Act of 1973 -----------------------------463, 559, 2196, 2589, 3372 --Confined Animal Control Act; provide for .__._..------463, 559, 1314 --Criminal Code; penalty for carrying pistol without license ----------------------------------463, 559 --Teachers' Right to Eat Act; provide for _------------------463, 559 --Quality Education Achievement Act; provide for ________________--------._------_____________________.....463, 559 --Slum clearance; Urban Redevelopment Law ----------------464, 559 --Cobb County; State Court _______________________----------.__________-464, 559 --Commercial vehicles in interstate or intrastate commerce; proportional registration ________464, 560, 641, 964, 2234 --Kindergartens; compulsory school attendance __________464, 560, 1199 --Minimum Foundation Program of Education; operation on a yearround basis ------------------_________________464, 560, 1655, 2756, 3678 --Atlanta Housing Finance and Development Authority Act; create --------------__________.__ 466, 561, 2802, 2803 --Superior Court Clerks; maps and surveys ------------------466, 561 --State Department of Education; Division of Vocational Education Services ------------------------------466, 561 --Wilkes County; Superior Court Clerk's salary ________________----------------466, 562, 643, 644, 1389 --DeKalb County; firemen; maximum hours .--------------------------467, 562, 1762, 1763, 2485 -- Stewart County; Sheriff's deputies _------.467, 562, 643, 645, 1386 --Montgomery County; Assistant Tax Commissioner's salary ... .------------------.467, 562, 643, 645, 1773 --Montgomery County; Board of Education ..._..._.______________________._._.__ _____467, 562, 643, 645,1773 --Montgomery County; Tax Commissioner's salary --------------------467, 562, 643, 646, 1773 --Wheeler County; Treasurer's salary _________ 468, 563, 643, 646, 1773 --Wheeler County; Superior Court Clerk's salary --------------------------...468, 563, 643, 646, 1773 --Soperton, City of; City Court _______________........ 468, 563, 643, 647, 1773 --Treutlen County; Ordinary's salary ___________ 468, 563, 643, 647, 1773
--Treutlen County; Sheriff's salary --------468, 563, 643, 647, 1774
--Stephens County; Superior Court Clerk's salary __________________.........._________..469, 563, 643, 648, 1386
--Stephens County; Sheriff's salary ________.._.... 469, 563, 643, 648, 1386
--Stephens County; Ordinary's Clerk --------469, 564, 643, 648, 1387
--Fulton County Board of Commissioners; membership __...... ______ 469, 564, 2007, 2009

HB 499
HB 500
HB 501
HB 502
HB 503
HB 504 HB 505
HB 506 HB 507
HB 508
HB 509
HB 510 HB 511
HB 512
HB 513
HB 514
HB 515
HB 516
HB 517 HB 518
HB 519 HB 520 HB 521
HB 522
HB 523 HB 524 HB 525 HB 526
HB 527
HB 528

INDEX

4101

--Lincolnton, City of; mayor

and councilman .._.,___________--__________________.469, 564, 705, 707, 1389

--East Point, City of; Mayor

and Council; salaries --------------____------____----_--------_469, 564

--Gordon County; Commissioner's clerk;

appointment __________________________________.470, 564, 705, 707, 1387

--Mansfield, Town of; Councilmen;

meetings _-.__---- .----.470, 564, 705, 708, 1387

--Porterdale, City of; Mayor and

Councilmen; salaries ______________________470, 564, 705, 708, 1387

--Certificate of Need; standards ______ 471, 565, 1481, 2592, 2718, 2856

--Food stamps and medicaid; penalty

for fraud ...... _ __..__________----__--------------____471, 565, 703, 994, 2041

--Juvenile Court Code; adoption _______--_.----_________..471, 565, 703, 1168

--Protective Services for Adult Act;

Department of Human Resources ------------.----______...471, 565

--Department of Human Resources;

child welfare agencies _--------..... 472, 565, 703, 1339, 3380, 3480

--County contracts; performance and

payment bonds ____.__._________________________________________________472, 566

--Bacon County; Sheriff's salary _______________ 472, 566, 705, 708, 1387

--Bacon County; Board of Commis

sioners; salaries ------------------------. 472, 566, 705, 709, 1387

--Bacon County; Tax Commissioner;

personnel

....

473,566,705,709, 1387

--Bacon County; Ordinary;

secretary ...... ____----_--------------.473, 567,1201, 1203, 1774

--Bacon County; Small Claims Court;

create ___-------___._.___----_______..__._____----__________473, 567, 705, 709, 1387

--Tattnall County; Board of Commissioners;

salaries

.

_ 473, 567, 705, 710, 1388

--Tattnall County; Board of

Education; salaries ________________________________ 473, 567, 705, 710, 1388

--Tattnall County; Sheriff's salary ________._......474, 567, 705, 710, 1388

--Tattnall County; Superior Court

Clerk's salary __.._,,,,_____________________________474, 567, 705, 711, 1388

--Burke County; Sheriff's salary __ ...........474, 567, 1318, 1319, 2036

--Lobbyists; registration fee ________________________----474, 567, 1842,1705

--Walnutgrove-Youth Water Authority;

amend act ------------------ _._------._______474, 568, 705, 711, 1388

--Atlanta, City of; Fulton County; Governmental

Merger Commission; create _----._____--------________----.474, 568

--Housing; discrimination __________________________475, 568, 924, 1271, 2197

--Toccoa, City of; corporate limits _,,..... --___475, 568, 705, 712, 1388

--Randolph County; Sheriff's salary _. ...----.475, 568, 705, 712, 1388

--Columbia County; Superior Court

Clerk; Sheriff; salaries ________.._-...__.____475, 568, 705, 712, 1389

--Columbia County; Board of Commis

sioners ; Chairman's salary ------______------475, 569, 705, 713, 1389

--Columbia County; Small Claims

Court; create __----__--_____.--------__.._...........476, 569, 705, 713, 1389

4102
HB 529 HB 530 HB 531 HB 532 HB 533 HB 534 HB 535 HB 536 HB 537 HB 538 HB 539 HB 540 HB 541 HB 542 HB 543 HB 544 HB 545 HB 546 HB 547 HB 548 HB 549 HB 550 HB 551
HB 552
HB 553
HB 554 HB 555
HB 556

INDEX

--Augusta Judicial Circuit; judges' salaries ....___.____________._.______________________________476, 569, 705, 713
--Superior Court Clerks; office hours .................._.._......________..__476, 569 --Tift County; voters'registration
list ............................._.._..____________________._._476, 569, 1022, 1023, 3361

--Tift County; Board of Elections ............476, 569, 1022, 1024, 2847

--Private Employment Agencies Act;

regulations .... ..............................476, 569, 1656, 2143, 3156, 3245

--Newsmen not required to divulge source

of information ____.___._____..,,--.._...........................___....__......477, 569

--Peachtree City; Water, Sewerage and

Recreational Authority; create .__.477, 570, 1762, 1764, 2642, 2664

--Lender Credit Card Act;

finance charges ,,...-..-.----.--.___________.._.____,,_-___---__-..--_----.477, 570

--Camilla, City of; corporate

limits ................._._._.___.._____.______._..._._._.____._._.477, 570, 705, 714, 1774

--Camilla, City of; City Court; salaries ......_.478, 570, 705, 714, 1388

--Driver training schools; educational

requirements .__..._.___....___._.._._._..__.___._.......... 478, 570, 704, 819, 1671

--Floyd County; Hospital

Authority; vacancies ............................._..__542, 628, 705, 714, 1389

--Minimum Foundation Program of

Education; local funds ...........__________.____.__._..........................542, 628

--Motor vehicle insurance; create and

establish new Code Title ..___._____________.--.__....................542, 628, 781

--Water heaters; safe construction

and installation .............._.._._........__._.__.___..542, 628, 923, 1269, 3011

--Dalton, City of; Mayor and Council;

salaries

. ........_.._._.... 478, 571, 2198, 2219, 3159, 3271

--Dalton, City of; Recorder's

salary .........._...._._..._____.._____.._......._. 478, 571, 2198, 2220, 3159, 3272

--Rockdale County; Commissioner's

salary _______.___.__..................._._._____._..._...........542, 628, 862, 863, 1568

--Rockdale County; Sheriff's salary ...___.____.__.__543, 628, 862, 863, 1568

--Rockdale County; Superior Court

Clerk's salary ._...........__..__.___._._.._.._.............543, 629, 862, 864, 1569

--Rockdale County; Tax Commissioner;

chief deputy .........__._._..____-............_...._.__.....543, 629, 862, 864, 1569

--Rockdale County; Ordinary's salary ............543, 629, 862, 864, 1569

--Rockdale County; Coroner's

salary __................____................_...___..._._.._..._..543, 629, 862, 865, 1569

--Rockdale County; zoning of annexed land ......______._...__....._...._..___...544, 629, 862, 865, 2489, 2547

--Children and Youth Act; certain offenders _____...._........_.....___.-__..544, 629, 721, 1656, 2166, 3380, 3572

--Juvenile Court Code; jurisdiction .__................-_.___._.__......544, 629, 721

--Jekyll Island-State Park Authority; membership _.._____._----.--.---_,,_,,_---...-------_.._.....,,._......... 544, 630

--Coastal Marshlands Protection Committee; create .........,_.__-___..__.............544, 630, 1021, 1356, 2638

HB 557 HB 558 HB 559 HB 560 HB 561 HB 562 HB 563 HB 564 HB 566 HB 567 HB 568 HB 569 HB 570
HB 571
HB 572 HB 573 HB 574 HB 575
HB 576 HB 577
HB 578 HB 579 HB 580 HB 581 HB 582

INDEX

4103

--Minimum Foundation Program of

Education; allotment ______________............_--,,_-____--______544, 630

--Uniform Narcotic Drug Laws;

contraband vehicles ------._.__._.--................_-.....-_._-..___.545, 630, 1482

--Superior Court Judges; services

by another judge ......------------_.__.....-...-..-._._......-..._.545, 630, 1482

--Lamar County; Coroner's salary ._._______..545, 630, 1201, 1319, 2036

--Wine; tax equalization, domestic

and foreign wine ..--------------------_.................545, 630, 1022

--Georgia Post Mortem Examination Act;

Coroners; Medical Examiners ,,--_------.--...............545, 631, 1314

--Wheeler County; Tax Commissioner;

assistant _.___._.._..____________________..__----__------.546, 631, 862, 865, 1774

--Toombs County; State Court; salaries .----546, 631, 862, 866, 1774

--Georgia Election Code; electors;

registration by mail ______________.____.......-- 546, 631, 1485, 2121, 2521

--Metropolitan Atlanta Rapid Transit

Authority; membership _______._____-.----_------------.--.--.546, 631

--Fulton County; Criminal Court; Director

of the Traffic Violations Bureau ...................546, 631, 2993, 2997

--Interstate Agreement on Detainers;

amend act ........_____..._._.,,----547, 632, 1761

--Gwinnett County; Superior Court Clerk,

Sheriff and Ordinary; vacancies ................... 548, 632, 1318, 1319,

2039, 2662

--Georgia Business Corporation Code;

corporate charters for stock and

mutual insurers ____.------_.._..__.....-. 548, 632, 703, 1158, 1778, 1972

--Chickamauga, City of; corporate

limits ............._..._..__.._..___.___.___._..-._......._.....548, 633, 1022, 1024, 1774

--Walker County; State Court; salaries ... 548, 633, 1022, 1024, 1774

--Marietta, City of; ad valorem taxation

for educational purposes __------,,------ 548, 633, 1661, 1765, 2485

--Cobb County; ad valorem taxation for

educational purposes; homestead

exemption ___...__..._____.________--....................549, 633, 1661, 1765, 2485

--Real estate brokers and salesmen;

revise laws .............................._..._.----549, 633, 2194, 2563, 3152

--Atlanta, City of; ad valorem taxation

for educational purposes; homestead

exemption ..--------...------............._549, 634, 2324, 2825, 3369

--Bibb County; Water and Sewerage Authority

Act; membership .____----_________.__..___.--____549, 634,1201, 1204,1775

--Georgia Crime Information Center;

establish .............................

.-549, 634, 1483, 2112, 3372

--District Attorneys; dependent children

representation ....................................................550, 634, 1656, 1820

--Stone Mountain Judicial Circuit; official

court reporter's salary ----......_.--.....550, 634, 1201, 1207, 2036

--Stone Mountain Judicial Circuit; Court

Reporter; clerical employees _----___.____.550, 634, 1201, 1207, 2036

4104
HB 583 HB 584 HB 585 HB 586 HB 587
HB 588 HB 589 HB 590
HB 591 HB 592 HB 593 HB 594 HB 595 HB 596 HB 597 HB 598 HB 599 HB 600 HB 601 HB 602 HB 603 HB 604
HB 605
HB 606
HB 607 HB 608 HB 609

INDEX

--Stone Mountain Judicial Circuit;

Judge's salary _._.--------------------- _ _ _ 550, 634, 1201, 1208

--Juvenile Court Code; jurisdiction __________________________________550, 635, 721

--Hall County; Gainesville, City of;

ad valorem property tax _______________________ 550, 635, 1661, 1765, 2486

--Hall County; Gainesville, City of; ad

valorem tax; fair market value --------551, 635, 1661, 1766, 2486

--Hall County; Gainesville, City of;

ad valorem tax; property

assessment .___----------_------------------.551, 635, 1661, 1766, 2486

--County and municipal contractors;

performance and payment bonds ------------ _

___.551, 635

--State Racing Commission; create------------------.-----------551, 635

--Rossville, City of; Councilmen; composition;

clerk, treasurer and tax collector;

appointment ---.--------------...._..------..----.552, 635, 1318, 2036

--Superior Court Clerk; traffic violations;

submission of certain data --.--------......----....____...--552, 636

--Income tax; U. S. Internal Revenue Code

of 1954; conform meanings ....................552, 636, 799, 1121, 3372

--Department of Revenue employees;

confidential tax information _______ 552, 636, 799, 1233, 3630, 3636

--Wild Flower Preservation Act

of 1973; enact _______________________________ 552, 636, 1560, 1821, 3012, 3051

--Floyd County; Medical Examiner;

create office ....__.._..............._------.-------- 552, 636, 862, 866, 1569

--Freshwater trout; commercially raised _______________ _____...553, 636, 1200

--Admission tickets; regulations ..............------------------......553, 637

--Uniform Narcotic Drug Laws; contraband

vehicles ....____.____.___.___._________________________________.___._____.____-.554, 637, 2005

--Georgia Drug Abuse Control Act;

condemnation of merchandise ________________ ......... 554, 637, 2005

--Albany, City of; corporate limits ... 554, 637, 867, 1568, 2744, 3008

--Camden County; Tax Commis

sioner's personnel._..-----------------.......554, 637, 863, 867, 1569

--County health departments;

unfit dwellings .......................................-------------- .-. -- 554, 638

--Interstate Civil Defense and Disaster

Compact Act; enact ----.------------........ 554, 638, 796, 1340, 2041

--Georgia White Cane Act; blind and

visually handicapped persons .------.--------555, 638, 2193, 2496

--Honorary fishing licenses; disabled veterans ......................................555, 638, 1021, 1289, 2359

--Boards of education; liability insurance or contracts of indemnity ____________555, 639, 1199, 1471, 1530, 3676

--Dead Animal Disposal Act; redefine ______________________555, 639,1313,1471,1531, 3012

--Sunday business activities; limitations --------------___________ 556, 639

--DeKalb County; State Court; salaries _.._..--------------------------_ 556, 639, 1201, 1208, 3143

HB 610
HB 611
HB 612
HB 613
HB 614
HB 615 HB 616 HB 617
HB 618 HB 619 HB 620
HB 621 HB 622 HB 623 HB 624 HB 625 HB 626
HB 627 HB 628 HB 629
HB 630 HB 631 HB 632
HB 633 HB 634 HB 635 HB 636 HB 637 HB 638

INDEX

4105

--DeKalb County; State Court;

law library ._______________.___.__._____._._.._____________556, 639, 1201, 1208, 2037

--Driver's licenses; honorary

license renewal __.._____.__._.___.._____.._..557, 640, 1315, 1471, 1534, 2234

--Banking Laws; merger or

consolidation _______...___._....._______...__..614, 691, 1313, 1471, 1526, 2852

--Bank holding companies;

voting stock

..

615, 691, 1313, 1471, 1524, 2852

--Department of Public Safety; Uniform

Division; powers of arrest ___-._-.----_---..-..---___.__________615, 691,1483

--Municipalities; malfeasance ___.___.__..____.__..________.____________615, 692, 1761

--Long County; Sheriff's salary ___________.__._______615, 692, 863, 867, 1569

--Minors; harmful materials; establish

standards to determine ......_..........._.....................615, 692, 704,1615

--Georgia Election Code; campaign

contributions and expenditures _,,,,,,___..___________._______. 616, 692, 1021

--Lobbyists; financial statements ...__._.____.______._______________.616, 692, 1021

--Augusta, City of; Coliseum

Authority; create ___..__._________.______.________._.616, 692, 1561, 1562, 3361

--Augusta, City of; Board of

Tax Assessors; salaries ..........................616, 693, 1561, 1563, 3361

--Income tax; handicapped persons; exemptions -...--.-.--.....616, 693

--Columbus, City of; Municipal Court;

law library ._______.___.____._.____.___________.___._._______...617, 693, 863, 868, 1569

--Franklin County; Deputy's salary ................617, 693, 863, 868, 1570

--Department of Revenue;

Commissioner's duties _______-__-_______-__-_--___---.----..--.--...--..--617, 693

--Georgia Election Code; identification

prior to voting .............................._......_._......_.__..._.___617, 693, 1762

--Multi-Level Distribution Companies;

regulate ___._._.__..___.____.._.___......................_......617, 693, 702, 814, 2636

--Ashburn, City of; candidates;

majority of votes ___________________._______._____..._._.617, 694, 863, 868, 1570

--Ft. Oglethorpe, Town of;

corporate limits _______________________________ 618, 694, 863, 869, 3379, 3541

--Office of Highway Safety;

renamed; transferred ............................BIS, 694, 1315, 1608, 3371

--Sales tax; vending machines ._____.._ ___._____.________________618, 694

--Dealers in Used Motor Vehicle Parts

Registration Act; licenses _____.______._____________________618, 694, 923, 1718

--Chattooga County; Superior Court

Clerk; deputy's salary ................................619, 694, 863, 869, 1775

--Summerville, City of; close portion

of Favor Street ....._...._._______________________________619, 695, 863, 869, 1570

--Chattooga County; Ordinary's salary ._.__..__ 619, 695, 863, 870, 1570

--Chattooga County; deputy sheriffs and

jailer; salaries _._____________________.___.__........._..619, 695, 1022, 1025, 1775

--Menlo, City of; Mayor's Court;

judge's appointment._-........--....-..-._.______619, 695, 1022, 1025, 1775

--Chattooga County; Tax Commissioner;

deputy's salary .....___...........____________..._.___619, 695, 1022, 1025, 1775

4106
HB 639 HB 640 HB 641
HB 642
HB 643 HB 644
HB 645
HB 646 HB 647 HB 648 HB 649 HB 650 HB 651 HB 652 HB 653 HB 654 HB 655 HB 656 HB 657 HB 658 HB 659 HB 660 HB 661 HB 662 HB 663 HB 664 HB 666 HB 665 HB 667

INDEX

--Chattooga County; Commissioner's

salary .._______________...__.____________________._.__._______.620, 695,1022,1026,1775

--Criminal procedure; demand by

accused for trial ______________________-_________________._________________________620, 695

--Warner Robins, City of; City Court;

terms ----____-_-___._______-___________-__-__..___.___________620, 696, 1022, 2037

--Macon County; Small Claims Court;

jurisdiction _._..._...___... _.._.._____._._.620, 696, 1896, 1897, 2635

--State Literature Commission; create .--.--_--_.______--___--_______._621_ 696

--Claims Advisory Board; House of

Representatives; introduction

of resolutions ________________________________________...___..__.621, 696, 1316, 1450

--Municipal charters; minimum

standards _._..__._._._.___________.___....___....._ 621, 696, 798, 943, 1693

--Notice and Hearing for Provisional

Remedies Act; enact ___.___...-____________-_-_____________-_.__-______621, 696, 2467

--Georgia Peace Officer Standards and

Training Council; functions ..._____________________._____..__._.________621, 697

--Metropolitan Atlanta Rapid Transit

Authority Act; contracts .___...___...._.... 621, 697, 798, 945, 1671

--Lake Park, Town of; create

new charter __-____..__.__._________.__________.622, 697, 1202, 1209, 3012, 3069

--State Board of Medical

Examiners; aliens _._._____._..___._..._....__.___ 622, 697, 1314, 1625, 3677

--Dasher, Town of; corporate limits __ 622, 697, 1022, 1026, 3361

--Itinerant vendors; license tax ....._......___....__...__._....... .............622, 697

--Madison, City of; Mayor and

Aldermen; salaries ________________________________623, 698, 1022, 1027, 1775

--Morgan County; Tax Commissioner's

salary ____________.____.______.___________.____________._.___.623, 698, 1022, 1027, 1776

--Morgan County; officials' salaries ..........623, 698, 1022, 1027, 1776

--Greene County; corporate limits ................623, 698, 1022, 1028, 1776

--Chattahoochee Judicial Circuit;

District Attorney's salary ___._.____________.______._.__.______._._.....__.__.623, 698

--Washington County; State Court;

salaries ......................

624, 698, 1202, 1209, 1776

--Washington County; Sheriff's salary _____ 624, 698, 1202, 1209; 1777

--Washington County; Superior

Court Clerk's salary _____.____________.......___._..624, 699, 1202, 1210, 1776

--Washington County; Small

Claims Court; create ..................... ...... 624, 699, 1202,1210, 1776

--Riddleville, Town of; officials'

terms of office .__-__________.___________________.______624, 699, 1202, 1210, 1776

--Mclntosh County; Superior Court;

clerk's salary ________________________________ .624, 699, 1318, 1320, 3143

--Darien, City of; Mayor and

Council; salaries -..-_._....__625, 699, 1318, 1320, 3143

--Mclntosh County; Ordinary's salary ....625, 699, 1318, 1321, 3143

--Bail bond; eligibility ________.______________._______.______.._.____.._____625, 699, 2194

--State Senatorial Districts; apportionment;

Fulton County boundaries --_.__-_-____-__-______-________-_-.._____-______.625, 700

HB 668
HB 669
HB 670
HB 671 HB 672
HB 673
HB 674 HB 675 HB 676
HB 677
HB 678
HB 679 HB 680
HB 681
HB 682
HB 683
HB 684 HB 685 HB 686
HB 687 HB 688
HB 689 HB 690 HB 691
HB 692
HB 693
HB 694 HB 695
HB 696 HB 697 HB 698

INDEX

4107

--House of Representatives; Fulton County boundaries _...____________._____________._625, 700
--Department of Labor; supplemental appropriation __._______________________.__..__..________626, 700,1559, 2065, 3155
--State Building Administrative Board; assignment _________________________________________________626, 700
--Habeas corpus; petitions for writ ___ 626, 700, 780, 1199, 1355, 3677 --College Park, City of; corporate
limits ___________________________. ..._._._______.________________.,,._____.________________626, 700 --College Park, City of;
corporate limits ---__._..________________.......................................___626, 701 --College Park, City of; corporate limits _...._____._.__.___.__._._____627, 701 --College Park, City of; corporate limits ._.._______.___________.._________627, 701 --College Park, City of; Mayor and
Councilmen; qualifications ............. 627, 701, 2802, 2825, 3369 --Cobb County; Board of Commis
sioners; recall provisions _________ 627, 701, 1202, 1211, 1776 --Farm credit institutions; investment
in farm loan bonds ._...__.___.._ _____________ 627, 701, 1019, 1287, 2637 --Mobile homes; fees for permits _______.________685, 790, 1482, 1617, 3372 --Workmen's Compensation; injury
and personal injury .-_.._...-._.___._____________________685, 790,1020,1234 --Jefferson County; commissioners'
salaries .............................................____. 685, 790, 1202, 1211, 2037 --Insurance Department Commissioner;
annual report of premiums charged ------------______ _______686, 790 --Firearms; possession while attempting to
commit a felony .___._..__.._______._______.____._______.686, 791,1201 --Board of Human Resources; identification cards __._____________686, 791 --Pineview, Town of; public streets __.__._._.686, 791, 1202, 1211,1777 --Jefferson County; State Court;
salaries _._______.__...................._....................686, 791, 1202, 1212, 2037 -- Ailey, City of; corporate limits __.____..._...__687, 791, 1202, 1212, 2487 --Louisville, City of; corporate
limits .........._.....___.__._..___.....__________________..-687, 791, 1202, 1213, 2037 --Jefferson County; Sheriff's salary _________ 687, 791, 1202, 1213, 2037 --Blackshear, City of; election dates ___._____.687, 792, 1202, 1213, 1777 --Fulton County; Fulton County Airport; change
name to Charlie Brown Airport _______________________________ ___.___.__687, 792 --Firearms; possession while attempting
to commit a felony _________________________.______.__........_____687, 792 --Current Income Tax Payment Act of
1960; quarterly returns _._____,,_ 688, 792, 1317, 1613, 3371
--Sardis, City of; corporate limits ______________688, 792, 1202, 1214, 2037
--State Examining Boards; Joint-Secretary; rules and regulations __________________________688, 792, 798, 948, 2041
--Ad valorem tax; long-term real estate notes _______.________.____.__688, 792
--Income tax; intangible property ____________689, 793, 1317, 2115, 2230
--License plates; physically disabled persons ....___._.____.. _________________ _______.____689, 793, 1483, 2512, 3152

4108
HB 699
HB 700
HB 701 HB 702 HB 703 HB 704 HB 705
HB 706
HB 707 HB 708
HB 709
HB 710 HB 711
HB 712
HB 713
HB 714
HB 715 HB 716
HB 717 HB 718
HB 719 HB 720
HB 721
HB 722
HB 723
HB 724
HB 725 HB 726
HB 727
HB 728

INDEX
--Chiropractors; educational requirements for license ----------------------------------------------689, 793, 1655
--Public buildings; handicapped persons --_---------------------------689, 793, 923, 1169, 3151
--State Board of Equalization; composition ------------------690, 794 --Municipalities; annexation .----------------------------------690, 794 --Admission tickets; service charge ............690, 794, 924, 1117, 2041 --Griffin Judicial Circuit; salaries ... 690, 794, 1201, 1214, 2946, 3407 --Rockdale County; Public
Defender's salary ____._..............................690, 794, 1022, 1028, 1777 --Criminal Code; Sunday business
activities ..............----------------.690, 794, 1199, 1629, 2194, 2952 --County school superintendents; bond ......691, 794, 1199, 1340, 2042 --Motor vehicle registration fee not
to exceed $5 annually ___.___.____._..............._......... 691, 795, 1657, 2092 --Georgia Development Authority for
Housing Finance Act; enact ..---..-........._....--.........--------783, 856 --East Point, City of; corporate limits ----------.--------------783, 856 --Ad valorem tax; motor vehicles; reciprocity
with other states -----.------------------------783, 857 --Wrightsville, City of; Mayor
and Council; salaries .................____________.784, 857, 1202, 1214, 2487 --Georgia Radiation Control Act;
extend regulations ........................... 784, 857, 1655, 2558, 3372 --Taliaferro County; Small Claims
Court; create _..____._._._.__..__..__.._..._.....................784, 857, 1318, 1321 --State Board of Architects; certification ________________________________784, 857 --Webster County; Commissioner's
salary -----------------------784, 857, 1318, 1321, 2848 --Webster County; Treasurer's salary ----784, 857, 1318, 1322, 2848 --Webster County; Tax Commissioner's
salary ...................--------------------------785, 858, 1318, 1322, 2848 --Webster County; Ordinary's salary ......._785, 858, 1318, 1322, 2848 --Employment Security Law;
unemployment benefits ___._._._._.._..__..._._.._.786, 858, 1559, 1918, 2637 --Columbus, City of; sale of a certain
tract of land _---------------_------------786, 859, 1318, 1323, 2037 --Columbus, City of; Municipal Court;
deputy marshal ................................786, 859, 1318, 1323, 2038 --State officers and employees; sales
to State agencies ..______.___.._._.___._.._. 786, 859, 924, 1116, 2038, 3010 --Georgia Correctional Industries
Administration; competitive bids -------------------787, 859 --Atlanta, City of; employment of personnel ........................787, 859 --Douglas County; Clerk, Ordinary;
Sheriff and Tax Commissioner; salaries ----------------._ .--------.787, 859, 1318, 1323, 2232 --Douglas County; Commissioners' salaries ------------------------------------787, 860, 1318, 1324, 2232 --State Board of Pardons and Paroles; eligibility for parole --------------___...._...__....__--787, 860

HB 729
HB 730
HB 731
HB 732 HB 733
HB 734
HB 735
HB 736
HB 737
HB 738
HB 739 HB 740 HB 741
HB 742 HB 743
HB 744 HB 745
HB 746
HB 747
HB 748 HB 749 HB 750 HB 751 HB 752 HB 753
HB 754
HB 755
HB 756
HB 757
HB 758 HB 759

INDEX

4109

--Chatham County; Commissioners and ex officio judges; salaries ____..,,.....________._..__.788, 860, 1318, 1324
--Georgia Land Development Act of 1972; performance bonds __.._._.._._.-----__...._______.._...__._______.___788, 860
--Georgia Land Development Act of 1972; out-of-state sales __________....._.._..______....._..__.788, 860,1317,1452, 3152
--Cook County; Sheriff's expenses ___________ 788, 860, 1318, 1324, 3361 --Cook County; Tax Commis
sioner's fees ...... ....._._._..__..._ __._._..._.._._.788, 861, 1318, 1325, 3361 --Uniform Enforcement of Foreign Judgments
in Georgia Act; enact _.......____________..._..._....______..789, 861, 1659, 2501 --Groundwater Use Act of 1972;
amend ______________ _.__........___________.__....789, 861, 2006, 2251, 3291, 3297 --DeKalb County; Board of Education;
non-partisan election __...___....__.______-___._._._____.___.___.789, 861 --Alcoholic beverages; unbroken packages;
sales restrictions .____._____________..__.... 790, 862, 1022, 1845, 1918, 2518 --Sumter County; State Court;
salaries __ _..___._______________._....._______________.. 852, 919, 1318, 1325, 2038 --Sumter County; Ordinary's salary _______ 853, 919, 1485, 1487, 2232 --Sumter County; Treasurer's salary ______ 853, 919, 1485, 1487, 2232 --Charlton County; Ordinary's
Clerk; salary _____.._....__. 853, 919, 1659, 1661, 2487 --Rabun County; Supervisor of Roads, salary ____________.----.-853, 919 --Cornelia, City of; Mayor and Commis
sioners; salaries _________......._.___________.__.._......_____ 853, 919,1375,1378 --State employees; fidelity bonds ._._._....._____ 854, 920, 2801 --Habersham County; Coroner's
salary _..........._._.._.__.... ................................854, 920, 1375, 1377, 2038 --Clarkesville, City of; close a
portion of Hoyt Circle .........__.________........._.__.___ 854, 920, 1375, 1377 --Area Planning and Development Commis
sions; development guides ______...______________.__.__._______._. 854, 920, 1317 --Insurance; cancellation of policy ________............._______.........._..__ 854, 920 --Practice of law; define ____.._.....___________........_..._____.______.__. 854, 920, 1199 --Excise tax, mixed drinks ...._.--_....______... 855, 920, 1317, 1862 --Georgia Minimum Wage Law; domestic employees ........... 855, 921 --Motor vehicles; non-residents ........________.__ 855, 921, 1657, 2588, 3373 --Georgia Youthful Offender Act; com
munity rehabilitation centers _____.--..___ 855, 921, 1656, 1818, 2852 --Juvenile Court Code; community
rehabilitation centers ....._.___________........___ 856, 921, 1656, 1857, 2852 --Jekyll Island-State Park Authority;
amend by-laws ............___......_._.__......._._.,,_.. .........856, 921 --Georgia Wild and Scenic Rivers
System; provide for .........____............___..._...........___._..........._._856) 921 --Motor vehicle liability insurance
coverage; benefits .------.-_...._._..._..........__.__.,_.__856, 922 --Webster County; Treasurer's salary ..._908, 1008, 1375, 1378, 2486 --Webster County; Tax
Commissioner's salary ._..._........._.._.....908, 1008, 1375, 1379, 2486

4110
HB 760 HB 761 HB 762 HB 763 HB 764 HB 765 HB 766 HB 767 HB 768 HB 769 HB 770 HB 771 HB 772 HB 773 HB 774 HB 775 HB 776 HB 777 HB 778 HB 779 HB 780 HB 781 HB 782
HB 783
HB 784
HB 785
HB 786

INDEX
--Webster County; Ordinary's salary _______________.__.._._...._______________........908,1009,1375,1379, 2486
--Webster County; Commissioner's salary ......__.___.___._._.._.......______________908,1009,1376,1377, 2486
--Lumpkin, City of; municipal services ...................................__909, 1009, 1376, 1378, 3013, 3266
--Criminal Code; multiple prosecutions for same conduct __________..,,.___.__..___________________. 909, 1009, 1761, 2588
--Richmond County; Board of Elections ._....._________._._.._......________._909, 1009, 1376, 1379, 3144
--Burke County; Hospital Authority; membership .--._.-._.______________... ..._________.909, 1009, 1376, 1380, 2038
--Lumpkin County; Sheriff's deputies' salaries ._.................,,_...... 909, 1009, 1376, 1380, 3038
--Glynn County; Sheriff's salary _._.__..__. .........910, 1010, 1376, 1380 --Glynn County; State Court;
salaries ._........................_..-................. 910, 1010, 1376, 1381, 3144 --Glynn County; State Court;
selection of jurors ____.--..__........ 910,1010,1376,1381, 3144 --Metter, City of; City Court;
salaries ..................___..............__....910, 1010, 1376, 1382, 2038 --Butts County; Tax Commissioner's
salary ............__._....__.._.__..._.__._._. 910, 1010, 1485, 1487, 2232 --Butts County; Commissioners' salaries _.......... 911,1010, 1376,1382 --Butts County; Deputy Sheriffs'
salaries ..........__...._................._........_,,. 911, 1010, 1376, 1382, 3013 --Butts County; Board of Commis
sioners ; Chairman's election ...._.___________._._ 911, 1011, 1376,1383 --Talbot County; Tax Commis
sioner's salary _______________________________ -.911, 1011, 1376, 1383, 2356 --Talbot County; Sheriff's
expense allowance __._------.. . ..-......911,1011,1376,1383, 2356 --Gwinnett County; Board
of Elections ......_..............._............ 912, 1011, 1376, 1384, 2038 --Big game hunters; protective
clothing------__...----__.....__._.__----912, 1011,1895 --Atlanta, City of; Mayor's qualifications ----____----------912, 1011 --Houston County; Board of
Elections ------__----------_......... 912, 1012, 1376, 1384, 2039 --Ad valorem tax; property tax levy ------------------------912, 1012
--Volunteer firemen; motor vehicles with flashing or revolving red lights ......... 913, 1012, 1657, 1844, 3373
--State departments or agencies; printing regulations _.......__..__........ ...... 913, 1012, 1484, 1858
--Distress warrants; landlord's power to distrain for rent _ .................913, 1012, 1659, 2444, 3594, 3621
--Chatham County; Commissioners; composition ....._........_....................._._....-913, 1013, 1485, 1488, 2232
--Compensation of State Officials; introduction of bills --------.,,.,,.__.____.__.,,._..914, 1013

HB 787 HB 788 HB 789 HB 790 HB 791 HB 792 HB 793 HB 794 HB 795 HB 796 HB 797
HB 798 HB 799 HB 800
HB 801 HB 802 HB 803 HB 804 HB 805 HB 806 HB 807 HB 808 HB 809 HB 810 HB 811 HB 812 HB 813 HB 814

INDEX

4111

--Toccoa, City of; Mayor and

Vice Mayor; salaries _._...._.___.._._-..__ 914, 1013, 1485, 1488, 2232

--Fulton County; tax on alcoholic beverages .......----__._....914, 1013

--Hamilton, City of; Mayor and Council;

terms of office ..........__.__.._____._..___.------. 914, 1013,1486, 1489, 2232

--DeKalb County; Board of Elections ._. 914, 1013, 2993, 2995, 3673

--Athens, City of; Civil

Service Commission ___________________.------.915, 1014, 1486, 1489, 2233

--Athens, City of; public

transportation system .--------__.---- .... 915, 1014,1561, 1563, 2356

--Winterville, City of; Police Court ..........915, 1014, 1561, 1563, 2356

--Cobb Judicial Circuit;

Court Reporters ..........................915, 1014, 1486, 1490, 2633, 3104

--Cobb County; State Court;

Court Reporters ....................................915, 1014, 1486, 1490, 2634

--Paulding County; fire prevention

districts __.___..._...............__..__._._.___._._____.916, 1014, 1486, 1491, 3144

--Paulding County; Office of

Commissioner; carry out 1972

Constitutional Amendment.__.___.......... 916, 1015, 1486, 1491, 3144

--Paulding County; Recorder's

Court; jurisdiction --------------_.___--.916, 1015, 1486, 1491, 3144

--Department of Natural Resources;

conservation rangers ____________________ 916, 1015, 1315, 1860, 3373

--Life insurance and annuity

contracts; minimum standards

for valuation ------___________-____-_------..916, 1015, 1760, 2133, 3151

--Banks; intangible tax equalization

fund --.---.-_-......_.__............._.-916, 1015, 2192, 2523, 2538, 3545

--Richmond County; animal control;

regulations .----------.......---------------917, 1015, 1561, 1564, 3362

--Richmond County; Merit System

for employees ------------------------917, 1015, 1762,1764, 3673

--Richmond County; Public Officer;

additional powers __________________,,_----_.._--..-----.----------.917,1016

--Excise tax; sale of meals .................................____..______917, 1016

--Hotels and motels; excise tax ........---.....918, 1016, 1317, 1978, 2034

--Excise tax; admission tickets ----------______......................918, 1016

--Revenue Bond Law; solid waste ....._._...._.918, 1016, 2004, 2449, 3373

--Liberty County; Sheriff, Superior

Court Clerk; salaries

.. 918, 1016, 1486, 1492, 2848

--Liberty County; Industrial Authority;

ad valorem tax for industry .___..------. .........918, 1017, 1486, 1492

--Solid Waste Management Act;

injunctive relief .__.._._..__..........__....918, 1017, 2320, 2873, 3291, 3312

--Age of Majority; Georgia

Gift to Minors Act ...............................999, 1188, 1656, 1820, 3152

--Cherokee County; Water Authority

Act; bonds ..........................................999, 1188, 1486, 1492, 2233

--Cherokee County; Board of

Education; membership ._.--_..__________.999, 1188, 1486, 1493, 2233

4112
HB 815
HB 816 HB 817
HB 818
HB 819
HB 820
HB 821
HB 822 HB 823
HB 824
HB 825 HB 826
HB 827 HB 828
HB 829
HB 830 HB 831
HB 832 HB 833
HB 834 HB 835
HB 836
HB 837
HB 838
HB 839
HB 840
HB 841 HB 842
HB 843 HB 844

INDEX
--Soil and water conservation districts; advisory committee ....._________.._- 999, 1189, 1483, 1824, 3008, 3063
--Department of Human Resources; midwifery ___________._..,_.1000, 1189 --Georgia Health Code; appeals and
judicial review ._..._..-_..____________._______-_._.________.__________1000, 1189, 2464 --Fayette County; Sheriff's automobile
allowance ....._.-__..__.__.__.._................___1000, 1189, 1659, 1661, 2634 --Payette County; Tax Commis
sioner; salaries ..........._.________.___________. 1000, 1189, 1659, 1662, 3144 --Fayette County; Superior Court
Clerk; salaries ........._..-_......._._____._-.......1000, 1189, 1659,1662, 3144 --Fayette County; Ordinary;
salaries ......... ^. .......... 1001, 1190, 1659, 1663, 3145 --Capital felonies; trial on accusation ----_____________,,,, 1001, 1190, 2194 --Clayton Judicial Circuit;
Court Reporters ......_-_____...-.....1001, 1190, 1486, 1493, 2850, 2895 --Clayton County; Superior Court
Administrator; create office __,,____.,,___ 1001,1190, 1486, 1493 --Lanier County; Sheriff's salary ___.____1001, 1190, 1486, 1494, 2486 --Lanier County; Tax Commis
sioner's salary ._________________.______.._____.1001, 1190, 1486, 1494, 2488 --Lanier County; Ordinary's salary ......1002, 1190, 1486, 1494, 2488 --Lanier County; County
Attorney's salary ..........._.._____..........._.1002, 1191, 1486, 1495, 2488 --Lanier County; Superior Court
Clerk's salary .__._.............____.__............_1002,1191,1561,1564, 2488 --Used Motor Vehicle Warranty Act; enact ..........._-__-_......1002f 1191 --Board of Dental Examiners of Georgia;
provide for _..,,............._...._. ................^.................... 1002, 1191 --State officials; annual statements of income .______--......1003, 1191 --Branch banking; population data _...... 1003, 1191, 1313, 1471, 1533,
3011, 3099 --Sales tax; counties .._.-__.-.._._.._._-.___-..-....-.-.._-__.-.......-.._1003,1192 --Crawford County; Superior Court
clerk's salary _._...............__._............1003, 1192, 1660, 1663, 2488 --Crawford County; Small Claims
Court; jurisdiction ........___..............._.1003, 1192, 1762, 1767, 2487 --Exceptional children; special
educational facilities -______________.-_.-..._____________..-.-....-....__1003,1192 --Waycross, City of; Charter of 1972;
effective dates ......_.._...__................._.1003, 1192,1561, 1564, 2488 --Hall County; burial expenses
for paupers ......_.__--........_.._-_.......1003, 1192, 1561, 1565, 2357 --State Building Administrative Board;
State Codes _................_._........._.._..-._......1003, 1193, 2196, 2593 --County surveyors; qualifications .-...,,..........-...--___--........._1005, 1193 --Youthful Offender Act; sentencing;
conditional releases ......___.._..........__.......... 1005,1193,1656, 2588 --Hart County; Sheriff; salaries _..-._....1005,1193,1561,1565, 2357 --Hart County; Tax Commissioner;
personnel and salaries ..._..__.......__....1005, 1193, 1561, 1565, 2357

HB 845
HB 846
HB 847
HB 848
HB 849 HB 850
HB 851
HB 852
HB 853 HB 854
HB 855 HB 856 HB 857 HB 858
HB 859 HB 860 HB 861 HB 862
HB 863 HB 864
HB 865 HB 866 HB 867
HB 868 HB 869 HB 870 HB 871 HB 872 HB 873

INDEX

4113

--Hart County; Superior Court Clerk

and Ordinary; salaries .__._----..._-_.._.1005,1193,1561,1566, 2357

--Motor vehicle license plates;

non-residents ,,----_------------.----------------1006, 1193, 2195

--Speed limits; minimum and

maximum speeds ----------_--------_--_____--1006, 1194, 2195

--Motorized carts; registration

and licensing --------_------_----_----1006, 1194, 1657, 1866, 3678

--Motorized carts; define -__----_.------._- 1006,1194, 1657, 1867, 3679

--Cordele Judicial Circuit;

terms _....___-..------..----------------1006, 1194, 1561, 1566, 3372

--Cordele Judicial Circuit; Official

Court Reporter's salary -------------1006, 1194, 1762, 1767, 2487

--Georgia Health Code; standards for

subdivision development _--------------_._----------_--_1007, 1194

--Explosives; blasting operations ----------------------------1007, 1195

--Driver's license; rules and

regulations

. __ 1007, 1195, 1657, 1968, 2645, 2705, 3009

--Motor vehicles; securing loads----------------------1007,1195

--Hiram, City of; Mayor and

Councilmen; salaries __--------_ .------1008,1195,1561,1566, 2634

--Schools; eye and dental examinations __.------_------..----.1008, 1196

--Georgia Public Assistance Act;

chiropractic services ____----,,_..--------_----_------------1008, 1196

--Theory of evolution; academic freedom

in public schools ------.._----..----_______-------------- 1181, 1307

--Attorney's fees; bad faith _----_-_----_----_.----_------..-1181, 1307

--Cobb County; Board of Commissioners;

real estate interests .__..----------._----...__.__._..----.._......1181, 1307

--Guardians; Ordinary's authority to

appoint successors --------.----1181,1307,1629,1658, 1853, 3676

--Guardians; Ordinary's authority to

appoint successors ...-------------------- 1182, 1307,1658, 1855, 3676

--Public Service Commission;

motor carriers _.__.----.__--__.----.----__._----____1182, 1307, 1657

--Hancock County; Board of Commis

sioners; annual audit ------------.__ 1182, 1307, 1561, 1567, 2357

--Hancock County; Tax Commis

sioner's salary _----____-.._----..-- 1182, 1308, 1561, 1567, 2357

--Hancock County; Sheriff's

deputies --------------------_... -------- 1182, 1308, 1561, 1567, 2357

--Hancock County; Board of Commis

sioners; police ----._--------_.--------_ 1183, 1308, 1561, 1568, 3145

--Motor carriers; protective wheel flaps ----..----...1183, 1308, 2319

--Georgia Scenic Trails Act;

bicycle trails _______..----.----.--------1183,1308,1483, 1613, 3010

--Excise tax; mixed drinks --1183, 1308, 2008, 2697, 2853, 3519, 3568

--Valdosta, City of;

corporate limits --_----------...----.. 1184, 1309, 1762, 1767, 3362

--Wine products for household use;

license, excise tax .._----_____----..1184, 1309, 1486, 1627, 3152

4114
HB 874 HB 875 HB 876 HB 877 HB 878 HB 879 HB 880 HB 881 HB 882 HB 883 HB 884 HB 885 HB 886 HB 887 HB 888 HB 889 HB 890 HB 891 HB 892 HB 893 HB 894 HB 895 HB 896 HB 897 HB 898 HB 899 HB 900 HB 901

INDEX
--Houston County; Board of Commissioners' salaries _________._______.1184, 1308, 1660, 1663, 2488
--Catoosa County; Superior Court Clerk's salary ......._..............____....__.___1184,1308,1762, 1768, 2634
--Catoosa County; Commis sioner's personnel ...____--.________--_.____1185, 1308, 1762, 1768, 2634
--Catoosa County; Tax Commis sioner's personnel ..._...-_-.-___....-....._-_-1185, 1310, 1762, 1768, 2634
--Catoosa County; hospitalization insurance for employees ._.,,....... 1185, 1310, 1762, 1769, 2633, 2709
--Ringgold, City of; corporate limits ___.......-____..._.........-..._..1185, 1310, 2198, 2200, 3145
--Catoosa County; Sheriff's deputies ----_______--___________.. 1185,1310, 2198, 2220, 3014, 3161
--Motor vehicles; accident reports------_------------_---------1185, 1310
--Thomaston, City of; corporate limits __._1186, 1310, 1660, 1664, 2489 --Upson County; Ordinary's salary ____.._......_._ 1186, 1310, 1660, 1664 --Upson County; Tax Commis
sioner's salary ___..............____.._............__...._...1186, 1310, 1660, 1664 --Upson County; Chief Deputy
Sheriff's salary ___-.-........-.____..-............___._.....1186, 1311, 1660, 1665 --Habeas corpus petitions; verifications .....--__1186, 1311, 1761, 2551 --Lowndes County; Water and
Sewerage Authority, create -.1187, 1311, 1660, 1665, 3014, 3069 --Lowndes County; Utilities Authority;
repeal Act creating .............._.___.........1187, 1311, 1660, 1665, 3362 --Che""!TM? County; officials' deputies and
clerical assistants ._._._.__._..-.......__.___._._.1187, 1311, 1660, 1666, 2489 --Cobb oouiuy ; Juvenile Court;
judge's salary ____........,,______......_._--______.1187, 1311, 2007, 2012, 3145 --License plates; replacements __.,,____,,_...._...____.1187, 1311, 1657, 2494 --Department of Natural Resources;
conservation rangers .............._............___............___.__.._.1187, 1312 --Sickle Cell Anemia; tests made prior to
attending public schools ___..._......._______.........1188, 1312, 1760, 2919 --Lowndes County; Sheriff's
salary _______............______...........___.........1188, 1312, 1660, 1666, 3362 --Lowndes County; Board of Commis
sioners; meeting date ...._._.._........_. 1188, 1312, 1660, 1666, 3362 --Lowndes County; Coroner's
salary ._-____............_-_..__............_..........1188, 1312, 1660, 1667, 3362 --Public Service Commission; judicial
review of orders .__._--..,,.-..--_,,-_-.-.---.-----.--._---...-__--_. 1304, 1372 --Georgia Proprietary School Act;
flight schools ............_____.........._....-._....1304, 1372, 2465, 2515, 3372 --Bicycle Safety Act; enact ________ 1304, 1372, 1657, 2513, 3301, 3384 --Cobb County; Board of Commis
sioners; zoning actions ___,, __--._.____.___1304, 1372, 2198, 2200, 3145 --Macon, City of; Board of Water
Commissioners; abolish _..,,_,______--.1306, 1372, 1660, 1667, 2487

HB 902 HB 903 HB 904
HB 905
HB 906
HB 907
HB 908
HB 909
HB 910 HB 911
HB 912
HB 913 HB 914 HB 915
HB 916
HB 917
HB 918
HB 919 HB 920
HB 921
HB 922
HB 923 HB 924
HB 925 HB 926
HB 927
HB 928
HB 929
HB 930 HB 931

INDEX

4115

--Minimum Wage Law; increase to $2 per hour ------------1305, 1372

--Juvenile Court Code; jurisdiction .............._...........1305,1373, 2193

--Department of Offender Rehabilitation;

felons under age 17 ----------------------------1305,1373, 2193

--Richmond County; Board of

Education; attorney ----------------1305, 1373, 1660, 1667, 3362

--Catoosa County; Development Authority;

implement Constitutional

Amendment . -----------.------1305,1373,1660,1668, 2634

--Authorities, Commissions, State Boards,

State Bureaus; chief executive officers ________...............1306, 1373

--Fort Valley, City of; Utilities

Commission; membership ........... 1306, 1373, 1660, 1668, 2489

--Southern Growth Policies Agreement;

enact .......................... .............. 1306, 1374, 2005, 2499, 3676

--Atlanta, City of; corporate limits--------------1306,1374

--Counties and municipalities; torts;

liability insurance ------------------------------------1369, 1476

--Alpharetta, City of; elected officials'

salaries ......._................ ----.... .1369, 1477, 2802, 2826, 3369

--Bail bond business; regulate --------------------1369, 1477, 1784

--Petroleum tank farms; safety standards ----------------1369,1477

--Criminal Code; abortion ______------------1369, 1477, 2610, 2888, 3591

3605, 3614, 3624

--Lowndes County; Water and Sewerage

Authority; create ._......-- ._----------.--------. .1369,1477

--Austell, City of; corporate

limits -------------------------- 1370, 1477, 2321, 2347, 3013, 3107

--Aid to Dependent Children Act;

illegitimate children .._..._..------------------

.1370, 1477, 2465

--Shrimp; count per pound --------------------------------.1370, 1478

--McDuffie County; deputy

sheriffs .-.------.------__.--------_.----1370, 1478, 1660, 1668, 2487

--State Parts Authority; Marshlands

Protection Act ------------ .------------..1370, 1478, 1659, 2045

--County Surveyor; performance

of duties -------------------.----..----1371, 1478, 1761, 2442, 3373

--Richmond County; Civil Court ----------------------1371, 1478

--Misdemeanor offenses; sentences served

on weekends ....-------------.--------------------1371, 1478

--Lender Credit Card Act; finance charges .------------..1371, 1479

--Georgia Commission for the National

Bicentennial Celebration; create --1471, 1553, 2004, 2264, 3011

--Public Service Commission;

motor common carriers ------------1472, 1554, 1657, 2267, 3010

--Public Service Commission;

motor common carriers ..------------1472, 1554, 1657, 2269, 3011

--Municipal Board of Tax Assessors;

property for county ad valorem tax purposes --------1472, 1554

--Gordon County; officers' salaries ..... 1472, 1554, 1762, 1769, 2487

--Excise tax; malt beverages .--------------1473, 1555, 1763, 2492

4116
HB 932 HB 933
HB 934 HB 935 HB 936 HB 937 HB 938 HB 939 HB 940 HB 941 HB 942 HB 943 HB 944 HB 945 HB 946 HB 947 HB 948 HB 949 HB 950 HB 951 HB 952 HB 953 HB 954 HB 955 HB 956 HB 957 HB 958 HB 959

INDEX

--Athens, City of; corporate

limits .._.._..._....-~__............_..._...1371, 1479, 1660, 1669, 2489, 2648

--Department of Audits and Accounts;

part of Legislative Branch of

Government .... . . 1473, 1555, 2467, 2537, 3155, 3404, 3545

3591, 3594, 3595, 3623, 3679

--Barrow County; Board of Commissioners;

removal from office ________________________1473, 1555, 1763, 1769, 2488

--Glascock County; Deputy Sheriff's

salary ___-_________----_-_--._.____________.__.1474, 1555, 1763, 1770, 3145

--Chatham County; Sheriff's salary ____________._-.-....______________1474, 1555

--Chatham County; Superior Court

Clerk's salary __..._......_._......_._________.___.___________.__.__.____________1474, 1555

--Habersham County; Clerk of the Ordinary;

salary .__._______________._,,..._.._______________________ 1474, 1556, 2007, 2012, 2639

--Motor vehicle defects; notification

from dealer or manufacturer ....-_-_______________..______________1474, 1556

--Tift County; Board of Commissioners;

Chairman's salary _____.____________________..1474, 1556, 1763, 1770, 2848

--Tift County; Board of Commissioners'

salaries --________________.----._----.___________1475, 1556, 1763, 1770, 2848

--Georgia Higher Education Assistance

Corporation; student loans _.......____1475, 1556, 1562, 1703, 3678

--Habersham County; elections __._____.__... 1476, 1557, 2007, 2013, 2639

--Liberty County; Clerk of the

Ordinary; salary _--_-_________________,, 1476, 1557, 1763, 1771, 2848

--Property; landlords' and tenants' rights _____._......_..___.--1476, 1557

--Public books and records of other states;

how proved .....-_-__________--.................1544, 1646, 1761, 2589, 3678

--Civil and criminal cases; notice of

appeal; concise statements ..............1544, 1646, 1761, 2589, 3678

--Walker County; Ordinary's office;

salaries ________________._-....................._._____1545, 1646, 1896, 1898, 2634

--Banks; off-premise transactions _____ 1545, 1646, 1759, 2509, 3373

--Inspection of motor vehicles; exceptions -....___-----------.1545, 1646

--Physicians; alien's licensing _._._______..__ ...__________._..____1545, 1647, 2799

--Mechanics' and materialmen's lien;

single-family dwellings _--_.__._...-.--______.___.____________________1545, 1647

--State Board of Corrections;

mail censorship . _____._________,,,,_____________.______.___ ______1546, 1647

--Georgia Post Mortem Examination Act;

Coroners' inquests; witness fees for peace officers -..1546, 1647

--Public Service Commission; Georgia CATV

regulatory Surveillance Act --.._,,_____--___________--.-_.-........1546, 1647

--Burke County; Board of Commissioners'

salaries ___________________________________________ ___1546, 1648, 2198, 2200, 3145

--Burke County; State Court;

terms

,,............................ 1547, 1648, 2198, 2201, 3145

--Crisp County; Small Claims

Court; create ........................................1547, 1648, 1896, 1898, 2635

--Sylvester, City of; elections .__.._-________1547, 1648, 1896, 1898, 2635

HB 960
HB 961
HB 962 HB 963
HB 964
HB 965 HB 966 HB 967 HB 968
HB 969
HB 970 HB 971 HB 972
HB 974
HB 975
HB 976
HB 977
HB 978
HB 979 HB 980
HB 981
HB 982
HB 983
HB 984 HB 985
HB 986 HB 987
HB 988 HB 989
HB 990

INDEX

4117

--Flint Judicial Circuit; Assistant

District Attorney ____________________________._...__.___.1547, 1648, 1761, 1771

--Georgia Election Code; ballots; uncontested

offices .-__-_ _-____________________________.__......_..___________._______..._.____1547, 1648

--Georgia Surface Mining Act; clarifications .___.__...______. 1547, 1648

--State Transportation Board;

eligibility of members ___._._._._._._____. 1548, 1649, 2319, 2716, 3676

--Tift County; Tax Commissioner's

salary ______________.__..__.._ ..._.__________________1548, 1649, 1896, 1899, 2848

--Smyrna, City of; corporate limits _____ 1548, 1649, 2008, 2013, 2639

--Smyrna, City of; corporate limits ....... 1548, 1649, 2008, 2013, 2639

--Motor vehicles; ad valorem tax _____ __________________________________1548, 1649

--Minimum Foundation Program of

Education; school hours .........___.__...._.._________________________1549, 1649

--Public Service Commission;

operating costs ..................................1549, 1650, 2004, 2264, 2852

--Alpharetta, City of; corporate limits ____________ _________________1549, 1650

--Fulton County; Board of Educatioin; election ..............1549, 1650

--Endangered Wildlife Act of

1973; enact ........................... 1549, 1650, 1658, 1871, 2295, 3374

of Georgia

.......... ..........1550, 1650, 2323

--Sunday business activities; Common Day

of Rest Act of 1973 _____________________________________________________.___1550, 1650

--Sparks, Town of; Mayor's term

of office _________________ ____________ 1550, 1650, 1896, 1899, 3362

--Blue Ridge Judicial Circuit; Assistant

District Attorney ......................... 1550, 1651, 1659, 1766, 3151

--Lenox, Town of; annex certain

land

. .... _. ......... ..................1550, 1651, 1896, 1899, 3363

--Metropolitan Atlanta Rapid Transit

Authority; bus widths __________________ ____________1550, 1651, 2197, 2660

--Compensation of State Officials; fiscal notes _ _1495, 1558, 1762

--Athens, City of; Board of Education;

new system ............. _ .......1551, 1651, 1896, 1900, 3013, 3055

--Police officers; penalty for fleeing or

attempting to elude _._..__.___._............._......._...........1551, 1651, 2320

--State Board of Corrections; work-

release programs _______________________________________ 1551, 1652, 2468

--Drug abuse; confidentiality of student

statements .. ..........__.___._..____.....__.____._____ 1552, 1652, 2196, 2658

--Rome, City of; corporate limits . . ... 1552, 1652, 1896, 1900, 2849

--Ground Water Use Act of 1972; Georgia

Water Management Control Board ........ ...................1552, 1652

--State Park facilities; honorary permits ......................_._1552, 1652

--Alcoholic beverage license restrictions; elected officials . .......................................................1553, 1653

--Kennesaw, City of; corporate limits ... 1633, 1748, 2468, 2469, 3146

--Cobb County; State Court; assistant solicitors ......... ___________ 1633, 1748, 1896, 1900, 2640

--Acworth, City of; corporate limits .... 1633, 1748, 2321, 2348, 3146

4118
HB 991 HB 992
HB 993
HB 994
HB 995 HB 996
HB 997
HB 998 HB 999 HB 1000 HB 1001
HB 1002 HB 1003
HB 1004 HB 1005 HB 1006 HB 1007 HB 1008 HB 1009
HB 1010
HB 1011 HB 1012 HB 1013 HB 1014 HB 1015 HB 1016 HB 1017 HB 1018
HB 1019

INDEX

--Pulton County; grand juries'

requirements __----_----------__.--.--------1634, 1748, 2993, 2998

--Fulton County; special purpose

grand juries .........__,,.__....________----__.1634, 1749, 2993, 2998

--Griffin, City of; Board of Commissioners;

Chairman's election _...._......__....-1634, 1749, 1896, 1901, 3146

--Cattle; exemption of property

from taxation __......_._.._.._..._......._...1634, 1749, 2324, 2557, 3374

--Hospitalization coverage; newborn children ___________________.1634, 1749

--Pierce County; State Court;

judge and solicitor __--------_--------.1635, 1749, 2008, 2014, 2640

--Governor; secretaries and clerical

personnel -.-_----------------------.1635, 1749, 1896, 2043, 3374

--Georgia Health Code; declaration of intent --------..1635, 1749

--Jasper County; Sheriff's salary ......1635, 1750, 2008, 2014, 2640

--Vital Areas Council; create ................. 1635, 1750, 1763, 2534, 3374

--Motor vehicle wreckers; tow only to first

exit on interstate highway systems ............... 1635, 1750, 2320

--Commerce, City of; Councilmen-at-large;

election ___-.--_____.__--.------------_----1636, 1750, 2008, 2640

--Hogansville, City of; Cable Television

System

_--------,,._ ........1636, 1750, 2008, 2015, 2640

--Hogansville, City of; corporate

limits _--__--,,_-_----------------------1636, 1750, 2008, 2014, 2641

--Hogansville, City of; Mayor and

Councilman; salaries ....................1636, 1750, 2008, 2015, 2640

--Roswell, City of; corporate limits ......1636, 1751, 2611, 2613, 3363

--Roswell, City of; transfer of property ------------1636, 1751

--Department of Natural Resources;

Air Quality Control ........... 1637, 1751, 2320, 2696, 3300, 3524

--Department of Natural Resources; Water

Quality Control; waste permits ---- .1637, 1751, 2320, 2695,

3301. 3525

--Department of Natural Resources; Air

Quality Control; evidence in

private actions ..----.--------------1637, 1751, 2005, 2450

--Income tax; counties and municipalities ---------------1637, 1751

--Sales tax; counties and municipalities ----------.....1637, 1751

--Trucks; prohibit interstate highway

travel, certain hours and days ------...._._....._.........1638, 1752

--Columbus, City of; demolition of certain

dwellings _-----------------------------------------1639, 1752

--State Ports Authority Act; membership _ .------------1639, 1753

--Deeds, trusts, mortgages; exercise

power of sale -- -,,_------_------1639, 1753, 2005, 2657, 3677

--Estates; resignation of trustee -.--1639, 1753, 2005, 2657, 3677

--Board of Natural esources; State

Game and Fish Commission .---- ... 1640, 1753, 2321, 2503,

3302. 3526

--Atkinson County; Board of

Commissioners; clerk ----r----....1640, 1753, 2008, 2016, 2640

HB 1020 HB 1021 HB 1022 HB 1023 HB 1024 HB 1025
HB 1026 HB 1027 HB 1028 HB 1029
HB 1030 HB 1031 HB 1032 HB 1033 HB 1034 HB 1035 HB 1036 HB 1037 HB 1038 HB 1039 HB 1040 HB 1041 HB 1042
HB 1043 HB 1044 HB 1045

INDEX

4119

--Atkinson County; Mayor and Councilmen; election ___....__.._________.._____.___.__________.__1640, 1753, 2008, 2016, 2640
--Atkinson County; Sheriff's automobiles ........................................1640, 1754, 2008, 2016, 2641
--Clinch County; Ordinary's salary ..-.1640, 1754, 2008, 2017, 2641 --Richmond County; State Courts;
Judges' salaries ........................_..__....1640, 1754, 2468, 2471, 3363 --Richmond County; Probation Officers .------------------1641, 1754 --Industrial City; create within
Gordon, Murray and Whitfield Counties ............... 1553, 1654, 2468, 2475, 3300, 3313 --Richmond County; Board of Commissioners; membership ............................__............1641, 1754 --Statewide Probation Act; judge may probate pre-determined sentence -...--_--.-.----.-._._..----.1641, 1754 --Department of Public Safety; powers of arrest ____.______..__.____.___.._.____1641, 1754, 1761, 2710, 2858 --Cobb County; Revenue Tax Act to Legalize and Control Alcoholic Beverages & Liquors; allocation of funds received ._.... ...--..--..-----1641, 1755 --Driver's license; revocation .............__..._...._........................1642, 1755 --Metropolitan Atlanta Rapid Transit Authority Act; administration costs --......-...----.------1642, 1755 --Property; foreclosure of mortgage on personalty .........................._....._..........._.1642, 1755, 2005, 2754 --General Assembly; members authorized to perform marriage ceremonies ------------------ .--.1642, 1755 --Effingham County; State Court; solicitor's salary ------------...-_.----1642, 1755, 2198, 2221, 3363 --Pooler, Town of; corporate limits -1643, 1756, 2321, 2326, 3146 --Property; mortgages; cancellation shall be responsibility of mortgagee ......._..._...._._.._.._......__.____1643, 1756 --Georgia World Congress; create Executive Board ............._.. -1643, 1756, 2323, 2963, 3678 --Dead Animal Disposal Act; highway rights-of-way ...------1643, 1756, 1894, 2494, 3159, 3335 --Statesboro, City of; Rural Telephone Cooperative Act ......_..._...__._............_.1643, 1756, 2004, 2203, 2849 --Crisp County; County officers' salaries _._..........._............. .............1643, 1756, 2802, 2822, 3363
--Douglas County; Charter Commission; create ___..__.._.................... -.1644, 1756, 2008, 2017
--Douglas County; Board of Commis sioners; submission of all actions affecting citizens ...... .................................1644, 1757, 2008, 2017
--Forest Park, City of; reincorporate ....1644, 1757, 2008, 2017, 3146
--Gwinnett County; County officers' salaries .................. .__..__..___.1644, 1757, 2802, 2826, 3364
--Gwinnett County; Tax Com missioner's salary .......... ..... ....1644, 1757, 2802, 2826, 3364

4120 HB 1046 HB 1047 HB 1048 HB 1049 HB 1050 HB 1051 HB 1052 HB 1053 HB 1054 HB 1055 HB 1056 HB 1057 HB 1058 HB 1059
HB 1060 HB 1061 HB 1062 HB 1063 HB 1064 HB 1065 HB 1066
HB 1067 HB 1068 HB 1069 HB 1070

INDEX
--Gwinnett County; Board of Commis sioners; chairman's salary ..............1645, 1757, 2612, 2613, 3364
--Snellville, Town of; change name to City of Snellville ..._______.___...._...__....1645, 1757, 2198, 2201, 2849
--Putnam County; Tax Commissioner's salary ___________.______.___._____________________.___1645, 1757, 2198, 2201, 2849
--Barrow County; Sheriff's deputies and employees _._...............-._.__._________.1645, 1758, 2198, 2202, 2849
--Perry, City of; Telephone Authority _________________________.__..______________1734, 1880, 2321, 2348, 3146
--Nashville, City of; Mayor and aldermen; salaries _ _.._______...___1734, 1880, 2199, 2202, 3013, 3268
--Hogansville, City of; Board of Education; election ___-___.__.._______.____.1734, 1880, 2199, 2202, 2849
--Hogansville, City of; Mayor and City Council; election ....................... 1734, 1880, 2199, 2203, 2849
--Tax Collectors and Commissioners; minimum salaries -_._____.______-______________________1735, 1880, 2197, 2950
--Clinch County; Sheriff's deputies _-._.__..__._.__.__-.____.__-__.______._______1735, 1880, 2199, 2203, 2849
--Income tax; tax credits to individuals __._._..._.._,,__.___-___-____1735, 1881 --Georgia Building Authority Act;
bonding capacity --,,.----__-___ __-__-___.-_.,,.__._____.__.--.1735, 1881 --Georgia World Congress Center; create
Executive Board ..................._._.._.__.___..._._________.1735, 1881, 2323 --Richmond County; ad valorem taxation
for educational purposes; exemptions ___.___.__.___.__.__.__________._._______.1735, 1881, 2468, 2474, 3363 --Water Supply Quality Control; certificates _._._-_.___..______.__.___....._.___._____1736, 1881, 2320, 2695, 3372
--Griffin, City of; street construction __-.______.__._.__._____.__..__.__......1736, 1881, 2322, 2348, 3146
--McDuffie County; Small Claims Court; costs ___.__.____.__._..__.._--__._.._.______1736, 1882, 2322, 2349, 3146
--Augusta; City of; City Council; election _._.___...................._______..___...__._. 1736, 1882, 2322, 2349, 3363
--Hypodermic syringes; sales regulations __._._....-___.___-_______,,___________________ ____________1736, 1882, 2464
--Counties and municipalities; alcoholic beverages; referendums ___________________ ____________________________..__1737, 1882
--Athens, City of-Clarke County; centralization of governmental facilities ,,_,,.._......__....._______________ 1737, 1882, 2468, 2474, 3147
--Torts; homicide of husband or father _.__--______.___________1737, 1882
--Mixed drinks; license authorization _...________........________1737, 1883
--Insurers; remuneration; administrative fines for violations _______________.1046, 1759, 2004, 2374, 3374
--Erosion and Sedimentation Act of 1973; enact _____.._,,...... ............. .__.._....__......__________1738, 1883

HB 1071
HB 1072 HB 1073 HB 1074 HB 1075 HB 1076 HB 1077
HB 1078
HB 1079
HB 1080
HB 1081
HB 1082 HB 1083 HB 1084 HB 1085 HB 1086
HB 1087 HB 1088 HB 1089 HB 1090
HB 1091
HB 1092
HB 1093
HB 1094 HB 1095 HB 1096
HB 1097
HB 1098 HB 1099 HB 1100 HB 1101 HB 1102
HB 1103 HB 1104 HB 1105

INDEX

4121

--Clayton County; ad valorem taxation for

educational purposes; exemptions ...__.__.1738, 1883, 2322, 2349,

3013, 3093

--DeKalb County; Commissioner districts ____1738, 1883, 2612, 2621

--Richmond County; governmental services ________.___._..._...1738, 1883

--Mountain Judicial Circuit; terms of court -...___._..._...._.__1738, 1883

--Stephens County; State Court; terms .__.___.__..-........-__..__1738, 1884

--Habersham County; State Court; terms .__.____.....__.1739, 1884, 2611

--Douglasville, City of; corporate

limits ___....._._.._...__...__.___._________-----__-~-1739, 1884, 2322, 2350

--Douglasville, City of; sale of

city property __________.__..._-__...._..._____-_-__-__.______1739, 1884, 2322, 2350

--Douglas County; ad valorem taxation

for educational purposes;

exemptions ____________.____________________._______.1739, 1884, 2199, 2204, 3364

--Pike County; Tax Commissioner's

salary ...__..___.____________._.____.__....._....._-.._.-1739, 1884, 2322, 2350, 3147

--Pike County; Board of Commis

sioners; Chairman's salary ..... ......1740, 1884, 2322, 2351, 3147

--Carroll County; ad valorem tax ....... 1740, 1885, 2199, 2204, 2850

--Fireworks; bond or liability insurance ___.___._______________.....1740, 1885

--Divorce; alimony; out-of-state judgments ..,,.--_.___--______.1740, 1885

--Divorce; custody of minor children _______._._.__._........._........1740, 1885

--Stone Mountain Judicial Circuit;

add one judge .............._._.______.___________.___.__......................._.1741, 1885

--Workmen's Compensation; barbers _____________________.______._._..1741, 1885

--Newnan, City of; Mayor and aldermen; terms ...........__.1741, 1886

--Medicaid; overpayments ..........___..__..____._._.___.1741, 1886, 2323, 2878

--Newnan, City of; water, sewerage and

electrical distribution ..............____--.1741, 1886

--Grantville, City of; corporate

limits ____._.____.._..__...._......-----.---1741, 1886, 2322, 2351, 3147

--Fulton County Commission;

administrative officer . ..........................1742, 1886, 2008, 2018

--Metropolitan River Protection Act;

enact

.... ................... 1742, 1886, 2195, 252P.. 3571, 3574

--License plates; annual fees ...____________________._____________.17<".:, 1887, 2320

--Estate tax returns; regulations ........._.._._...__.._____.... 1742, 1887

--Property tax; Chief Appraiser's

appointment and duties ..... . . .. .

......... - ......1742, 1887

--Railroads and public utilities;

annual tax returns ..........__........___._._.___.___.._._.-.----.... 1743, 1887

--Income tax; corporations ............._......_._.____.___................. .1743, 1887

--Income tax; correction refunds ...._..._....___._.__..__..___....... 1743, 1887

--Income tax; corporations; payroll factor __________.._..._______.1743, 1887

--Income tax; non-residents ........................... _..._-_...__..___.1743, 1888

--Intangible Property Tax Act; real

estate instruments .........._....._.........._.........__......__........1744, 1888

--Sales tax; returned property ........................................1744, 1888

--Sales tax; delinquent dealers .................. ....

- .1744, 1888

--Sales tax; delinquent dealers ..................

. ...1744, 1888

4122
HB 1106
HB 1107 HB 1108 HB 1109 HB 1110 HB 1111
HB 1112 HB 1113
HB 1114 HB 1115 HB 1116 HB 1117 HB 1118 HB 1119 HB 1120 HB 1121 HB 1122 HB 1123 HB 1124 HB 1125 HB 1126 HB 1127 HB 1128 HB 1129 HB 1130 HB 1131 HB 1132 HB 1133 HB 1134

INDEX
--Sales tax; property used or retained in production _______________________________________________________----1744, 1888
--Sales tax; claims for refunds _-________________-_..__________1744, 1888 --Sales tax, delinquent dealers ____________________________________________ 1745, 1889 --Sales tax; delinquent dealers _----------_...._.--------------.._ 1745, 1889 --Excise tax; malt beverages ______.__________._____.________________1745, 1889 --Centerville, City of;
corporate limits .._...._..--__________ 1745, 1889, 2322, 2351, 3147 --Grand jurors; number; alternate jurors ____________..1745, 1889, 2466 --Volunteer fire departments; flashing
or revolving red lights ______------_____________________________________1746, 1889 --Moultrie, City of; corporate
limits ._..._..._._._.._----------------_,,___._._..1746, 1889, 2612, 2619, 3364 --Labor; wages; payment in lawful
money or checks ------------------_..__. 1746, 1890, 2192, 2916, 3677 --Mixed drinks; referendums; counties
and municipalities _____________________________________________._._.----.--1746, 1890 --Marietta, City of; Mayor and councilmen;
election qualifications _________ ------1746, 1890, 2322, 2334, 3147 --Georgia Budget Act; annual
appropriations ____.. _____________________________ 1746, 1890, 2006, 2696, 3677 --State Building Administrative Board;
definitions ___________________.._.____,,_._-_..__-..__....___------.1747, 1890 --Public Service Commission;
rate increases ___________________________------1747, 1890, 2467, 2699, 3374 --Public Service Commission; rate increases _.____..............1747, 1891 --Irwin County; Board of Commis
sioners; clerk's salary __...._____.____1747, 1891, 2322, 2352, 3147 --Ocilla, City of; corporate limits ________1748, 1891, 2322, 2352, 3147 --Ocilla, City of; election
of officers ._.__.._._.________._________..____________1748, 1891, 2322, 2352, 3148 --Minimum Foundation Program of
Education; allotments _____.__....._... 1874, 1996, 2192, 2508, 3151 --Habersham County; Board of
Education; election ..... .. ...... ---- 1875, 1996, 2322, 2346, 3148 --Colquitt County; officers'
salaries --------------------1875, 1996, 2612, 2619, 3364 --Homer, Town of; Mayor and councilmen;
terms of office _______________________________ __1875, 1996, 2322, 2353, 3148 --Burke County; Small Claims Court;
create --------_------------------..._..___ 1875, 1996, 2322, 2353, 3148 --Barnesville, City of; Recorder;
election qualification .....___._...._....._._.1875, 1996, 2322, 2353, 3148 --Barnesville, City of; City Ward
Boundaries ______------------____..__------_1876, 1996, 2322, 2354, 3148 --Williamson, Town of; Mayor and
councilmen; salaries ____________________ 1876, 1997, 2322, 2354, 3148 --Barnesville, City of; Antenna Television
Service System --------------._----______1876, 1997, 2322, 2354, 3148 --Tifton, City of; Mayor and
Vice Mayor _..._......._________,,_. ............1876, 1997, 2322, 2355, 3149

HB 1135 HB 1136 HB 1137 HB 1138 HB 1139
HB 1140 HB 1141 HB 1142 HB 1143 HB 1144 HB 1145 HB 1146 HB 1147 HB 1148 HB 1149 HB 1150 HB 1151 HB 1152 HB 1153 HB 1154 HB 1155 HB 1156 HB 1157 HB 1158 HB 1159 HB 1160

INDEX

4123

--Atlanta, City of; Governing authority;

members' salaries ----___--.--______,,,,--________.___.___.___.1876, 1997

--Henry County; Water and Sewerage

Authority _______________________ 1876, 1997, 2322, 2355, 3160, 3338, 3377

--Henry County; Recorder's Court;

create --_-..--------------_.._-------- 1877, 1997, 2322, 2355, 3364

--Henry County; Coroner's salary .__._...__.----1877, 1997, 2468, 2476

--Henry County; Sheriff, Superior

Court Clerk and Ordinary;

salaries ------------------1877, 1997, 2468, 2476, 3160, 3339, 3377

--Henry County; Board of Commis

sioners; salaries ......__.__. 1877, 1998, 2468, 2476, 3160, 3336, 3377

--Locust Grove, Town of; Recorder's

Court; create ___._______.______.___....__.._._..___1877, 1998, 2468, 2477, 3365

--Stockbridge, City of; corporate

limits ----.--------...----------.1878, 1998, 2468, 2477, 3380, 3408

--Douglas County; Coroner's salary ....1878, 1998, 2468, 2477, 3365

--Marion County; School Superin

tendent's appointment ................... 1878, 1998, 2468, 2478, 3149

--Murray County; Ordinary's

salary __.. ......._.____.........._._...__......_..1878, 1998, 2468, 2478, 3149

--Murray County; Commissioner's

salary _._......__.........___.........._...._._.. .... 1878, 1998, 2468, 2478, 3149

--Miller County; Sheriff's

operating expenses __._._........_.__.......... 1878, 1998, 2469, 2479, 3149

--Fulton County; Board of Education;

election of members ___..........._._.........._._.__._........_.._____......1879, 1999

--Public Service Commission; rate

increases; hearings ................_---____._...----_.._........_------1879, 1999

--Twin Lakes, City of;

reincorporate .........._..._.........._...........1879, 1999, 2469, 2473, 3363

--Greene County; School Superin

tendent's appointment ....... .......1879, 1999, 2469, 2479, 3149

--Royal Lodge, City of; create

new charter .......................... ---..1879, 1999, 2469, 2479

--Bainbridge, City of; corporate

limits ............ ----

.

1991, 2187, 2322, 2356, 3149

--Pulaski County; Commissioner's

salary ...........................__..._........_.._. 1991, 2187, 2469, 2480, 3149

--Pulaski County; Superior Court

clerk's salary _..........._..... ......

.1992, 2187, 2469, 2480, 3150

--Pulaski County; Ordinary's

salary _._....... ..............._..._... .. ... 1992, 2188, 2469, 2480, 3150

--Pulaski County; Tax Commis

sioner's salary ..._..... ......._.........._._. 1992, 2188, 2469, 2481, 3154

--Bleckley County; Tax Commissioner;

clerks' salaries ......_.__........._...._........_..1992, 2188, 2469, 2481, 3154

--Cochran, City of; Mayor and

Alderman; election .----------------.1992, 2188, 2469, 2481, 3154

--Loganville, City of; Mayor and other

officers' election ........ ......._............ 1992, 2188, 2612, 2620, 3365

4124
HB 1161 HB 1162 HB 1163 HB 1164 HB 1165 HB 1166 HB 1167 HB 1168 HB 1169 HB 1170 HB 1171 HB 1172 HB 1173 HB 1174 HB 1175 HB 1176 HB 1177 HB 1178 HB 1179 HB 1180 HB 1181 HB 1182 HB 1183 HB 1184 HB 1185 HB 1186 HB 1187 HB 1188

INDEX
--Patterson, City of; Mayor's Court; change name ...------__--_____1993, 2188, 2469, 2482, 3673
--Law enforcement officers; arrest powers outside boundaries ___......____--___.----,,,,______----1993, 2188
--Walton County; Board of Commis sioners; meeting dates __,,__------_,,__--------_______--_ 1993, 2188
--Sumter County; Board of Education; reconstitute --------------------1993, 2189, 2469, 2482, 3154
--Gwinnett County; State Court; jury composition ------------------1993, 2189, 2469, 2482, 3154
--Lumber City, City of; create a new charter --------------------1994, 2189, 2802, 2827, 3365
--Appling County; Ordinary's salary ----__----_----------------------1994, 2189, 2469, 2483, 3154
--Appling County; Board of Commis sioners' salaries ----------------------1994, 2189, 2469, 2483, 3155
--Appling County; Board of Education; members' salaries ----------------1994, 2189, 2469, 2483, 3155
--Appling County; Small Claims Court; vacancies in office of judge -------- 1994, 2189, 2612, 2620, 3365
--Jackson County; State Court; terms ------------------------------1994, 2189, 2611, 2620, 3365
--Cook County; Board of Com missioners; membership ------------ 1995, 2190, 2611, 2621, 3365
--Pulaski County; Sheriff's salary ---- 1995, 2190, 2611, 2621, 3365 --Taylor County; Sheriff's salary _______ 1995, 2190, 2612, 2615, 3366 --Ludowici, City of; corporate
limits ,,_______________,,.._ _____________________________ 1995, 2190, 2611, 2615, 3366 --Tallapoosa Judicial Circuit; Special
Investigators; powers ___________________-- -- ------1995, 2190, 2196 --Haralson County; County Com
missioner's salary ------------------------2184, 2314, 2612, 2622 --Haralson County; Tax Commissioner;
clerical assistant _____._________________________.,,. 2184, 2314, 2612, 2622 --Haralson County; Ordinary's
salary ----------------------------------2184, 2314, 2612, 2622 --Intangible Property Tax Act;
banking business _----__----------_______________----________ 2184, 2314 --Income tax; dissolved corporations _________ 2185, 2314, 2464, 2943 --Long County; Sheriff's
clerk --------------------------------2185, 2314, 2612, 2623, 3366 --Fulton County; Courts; judges'
salaries -- -------- ------------ 2185, 2315, 2469, 2484, 3366 --Garden City, City of; corporate
limits . -------- ,, .... -----2185, 2315, 2612, 2623, 3160, 3217 --Between, Town of; reincorporate --2185, 2315, 2612, 2623, 3366 --Gwinnett County; State Court;
salaries ------------------------ 2185, 2315, 2612, 2624, 3366 --Taylor County; Board of
Commissioners' salaries --------_____ 2186, 2315, 2612, 2617, 3366 --Taylor County; Ordinary's salary --2186, 2315, 2612, 2617, 3366

HB 1189 HB 1190 HB 1191 HB 1192 HB 1193 HB 1194 HB 1195 HB 1196 HB 1197 HB 1198 HB 1199 HB 1200 HB 1201 HB 1202 HB 1203 HB 1204 HB 1205 HB 1206 HB 1207 HB 1208 HB 1209 HB 1210 HB 1211
HB 1212
HB 1213
HB 1214
HB 1215 HB 1216

INDEX

4125

--Taylor County; Tax Commis

sioner's salary ________________________________ 2186, 2315, 2612, 2618, 3366

--Appling County; Sheriff's

deputies ............................................. 2186, 2316, 2612, 2624, 3367

--Bryan County; Deputy sheriffs _________ ....._2187, 2316, 2612, 2624,

3519, 3520

--State Crime Laboratory;

airplane lease

...

2187, 2316, 2467, 2533

--Warner Robins, City of;

corporate limits ___.___.__..._..._.........___..2187, 2316, 2612, 2625, 3367

--Taylor County; Superior Court

clerk's salary __.____.._._.__.__________.__.._.__.2311, 2461, 2612, 2618, 3367

--Nahunta, City of; City Council,

Mayor and Aldermen _______________________ 2312, 2462, 2612, 2625, 3367

--Cobb County; State Court;

judges' salaries _________________________________ 2312, 2462, 2612, 2625, 3367

--Cobb County; Board of Commissioners;

real estate interests _________________________ 2312, 2462, 2612, 2626, 3367

--Riverdale, City of; ad valorem

taxation .__.__.____..._,,_.____..__._.___..____.___,,_ 2312, 2462, 2612, 2626, 3367

--Wayne County; Board of

Commissioners' salaries -_------____,,__.______-___-_____.___________ 2313, 2462

--Jones County; Board of Commis

sioners; bond _.__._._._,,___________________ 2313, 2463, 2612, 2626, 3368

--Felons; incarceration expenses _________________________ 2313, 2463

--Chatham County; Tax Commis

sioner's salary _____________________________________________ __._..._._.__...._2313, 2463

--Walton County; Board of

Commissioners; meetings ______________ 2459, 2604, 2802, 2827, 3368

--Wayne County; Board of Com

missioners' salaries __________,,___,,--....__.__.._......._................2459, 2604

--Baxley, City of; corporate limits __________________________________ 2459, 2604

--Cobb County; Taxation Study

Committee; create ............-.._.......___._ 2459, 2604, 2803, 2827, 3673

--East Dublin, Town of; Mayor and

Councilmen; terms _______________________ 2460, 2604, 2803, 2828, 3368

--Dublin, City of; corporate limits ______ 2460, 2605, 2803, 2828, 3368

--Laurens County; Sheriff's salary _ ___ 2460, 2605, 2803, 2828, 3368

--Laurens County; Ordinary's

salary

...

2460, 2605, 2803, 2829, 3368

--Laurens County; Tax Commis

sioner's salary _________________.,,.._..,_____ 2460, 2605, 2803, 2829, 3368

--Laurens County; Superior Court; clerk's salary ........._... ___________________ 2460, 2605, 2803, 2829, 3368

--Laurens County; State Court; salaries _

_ 2461, 2605, 2803, 2830, 3369

--Laurens County; Treasurer's

salary

_._....._._.................2461, 2605, 2803, 2832, 3369

--Sales tax; services __________________________________________________ ________.___.2461, 2605

--Sales tax; increase rate from 3 to 4% __________________ ____._2461, 2606

4126 HB 1217 HB 1218 HB 1219 HB 1220 HB 1221
HB 1222 HB 1223 HB 1224 HB 1225 HB 1226 HB 1227 HB 1228 HB 1229 HB 1230 HB 1231 HB 1232 HB 1233 HB 1234 HB 1235 HB 1236 HB 1237 HB 1238

INDEX

--Lincoln County; Ordinary's

salary __________..___.______________.________.________2600, 2789, 2993, 2999, 3673

--Lincoln County; Treasurer's

salary --_-,,--________.-_-,,_______._..._,, 2600, 2789, 2993, 2999, 3673

--Cherokee Judicial Circuit; Court

Reporter's salary ____..-________,,.__.._...__ 2601, 2789, 2993, 2999, 3673

--Cherokee Judicial Circuit; Office

of Investigator ______________________________ 2601, 2789, 2993, 3000, 3673

--Muscogee County; ad valorem taxation

for educational purposes;

exemption ______.._,,____________.__________.._.__. 2601, 2789, 2993, 3000, 3674

--Bowdon, City of; reincorporate _______ 2601, 2790, 2993, 3000, 3674

--Warner Robins, City of;

revenue bonds ______......________________..,,._. 2601, 2790, 2993, 3001, 3674

--Baxley, City of; corporate

limits _____-_..__.._-

2602, 2790, 2993, 3001, 3674

--Wayne County; Board of

Commissioners' salaries __________________ 2602, 2790, 2993, 3001, 3674

--Harris County; Board of

Commissioners' salaries _______________ 2602, 2790, 2993, 3002, 3674

--Cobb County; Planning and

zoning powers ___________-...-________.___... 2602, 2790, 2994, 3002, 3674

--Varnell, City of; corporate limits _____ 2602, 2790, 2994, 3002, 3674

--Meriwether County; Ordinary;

clerk's salary _____________________________________ 2603, 2790, 2994, 3003, 3674

--Towns County; Sheriff's salary _________________ 2603, 2791, 3349, 3354

--Newnan, City of; Mayor and aldermen;

terms of office .....___________________._....._..2603, 2791, 2994, 3003, 3675

--Newnan, City of; water, sewerage and

electrical distribution systems _______ 2603, 2791, 2994, 2997, 3675

--Financial Institutions Code of

Georgia; enact _______________________..._.._...__-________.____..____...__....2603, 2791

--Ware County; Superior Court

Clerk's salary _________......_.._______________ 2604, 2791, 2994, 3003, 3675

--Dealers in Used Motor Vehicle Parts

Registration Act; bonds ..._....._____________________._.........,,._,,_ 2788, 2988

--Motor Vehicle Certificate of Title

Act; wreckage or salvage ________._______-__.______________...,,,.. 2788, 2988

--Buford, City of; Commission;

members' election ________,,_....._____,,____________._. 2789, 2988, 3349, 3355

--Apartment Ownership Act; deeds or subleases .___...._--___________ 3472

INDEX

4127

Part III

HOUSE RESOLUTIONS

HR 1 --House of Representatives; notify Senate

that House has convened -----,,--------------------------..17

HR 2 --General Assembly; notify Governor that

General Assembly has convened ----------------------...-.-18, 81

HR 3 --House of Representatives; authorize personnel ----------------18

HR 4 --House of Representatives; adopt rules ----------------_____.24

HR 5 --General Assembly; joint session to

hear address by Governor ------------------------------31, 85

HR 6 --General Assembly; joint session to

hear address by Governor ------_------------------------33, 148

HR 7-27 --Compensation of innocent victims of crimes;

amendment to the Constitution

. ---- 63, 81, 314, 438

HR 8-27 --Constitutional amendments; special election;

amendment to the Constitution --------------------------63, 81

HR 9 --Students; allow to enter school after

certain deadline

.------------..

.--_----_--------63

HR 10-27 --Williams, Melvyn R.; compensate ----------..._.

________76, 116

HR 11 --Jones, Honorable Haywood; commend --------------82

HR 12 --Institute for Legislators; express

appreciation for dinner ------------------------------------ 82

HR 13 --University System of Georgia; Institute

of Government; commend _-.------------------------___------83

HR 14 --Young, Honorable J. Gordon; express

sympathy for passing of ------------------..-.-- .-.. 84

HR 15-58 --Constitutional Amendments; date of

election; amendment to the

Constitution -.....----------------------Ill, 143, 575, 1173, 1227

HR 16-58 --Pendley, Stephen E.; compensate ------111, 143, 2002, 2240, 3158

HR 17-58 --Keener, Hoyt; compensate ------------111, 143, 2002, 2240, 3158

HR 18-58 --Crumbley, Mrs. Marie; compensate ......111, 144, 2002, 2243, 3158

HR 19-58 --Ad valorem tax; homestead exemption;

amendment to the Constitution --------....--------------Ill, 144

HR 20-58 --School districts; amendment to

the Constitution _--------------

_. .....112, 144, 1200

HR 21-58 --Governor and Lt. Governor elected

jointly; amendment to the

Constitution ----------------------------___.----112, 144, 1021

HR 22-78 --Ad valorem property tax; separate

classification; amendment

to the Constitution ------------------.------.--------------116, 147

HR 23 --Presidential election; designate

as national holiday ...-- .--------.--------------117, 1021, 1678

HR 24 --Southeast Bulloch High School

Football Team; commend .,,._.......____________________,,__.__..118

4128

INDEX

HR 25-89 --Death penalty; amendment to the Constitution ______._..___127, 175

HR 26-98 --Citizenship immunities; amendment to

the Constitution _____________________________________________________.____127, 175

HR 27-98 --State Court of Claims; create;

amendment to the Constitution ......_______127, 176, 365, 435, 3150

HR 28-98 --Rutledge Chevrolet Company;

compensate _________________....__....._..._.__.____128, 176, 2003, 2243, 3158

HR 29-98 --Tangible property tax increases; referendums;

amendment to the Constitution ___.___________________________________128, 176

HR 30-98 --Fulton County; ad valorem tax;

homestead exemption; amendment

to the Constitution _._________.____________________.128, 176, 1896, 1901

HR 31-98 --Juries; misdemeanor cases; amendment

to the Constitution ____________________________________ __.___128, 176, 428, 496

HR 32-98 --Life imprisonment for murder; parole;

amendment to the Constitution ___________..._________________________128, 176

HR 33-113 --Tucker, James; compensate _____.________._.131, 179, 2002, 2244, 3156

HR 34-113 --Tax assessment of certain property;

amendment to the Constitution ___________________........________..___.131, 179

HR 35-121 --Fulton County; ad valorem tax

for educational purposes; amendment

to the Constitution _______________.____________._______________...__133, 180

HR 36-121 --DeKalb County; ad valorem tax for

educational purposes; amendment to

the Constitution __.______________________________________.______________133, 180

HR 37-135 --Juries; civil and noncapital criminal cases;

amendment to the Constitution ___________ ..-__________________.___136, 183

HR 38-135 --Unified Judicial System; amendment

to the Constitution _______.____..____.___.____136, 183, 185, 220, 260, 261

HR 39-135 --Superior Courts; jury selection;

amendment to the Constitution .............136, 183, 573

HR 40-135 --Supreme Court and Court of Appeals;

changes; amendment to the Constitution .__.....___________,,_.136, 183

HR 41-135 --Judicial Nominating Commission; create;

amendment to the Constitution ________.__________________________137, 183

HR 42-135 --Courts; venue of all cases; amendment

to the Constitution _,,______,,___________.__._______.,,_......137, 183

HR 43-135 --Governor; eligibility for succession

effective 1982; amendment to

the Constitution ............._.................._.. .137, 184

HR 44 --Death penalty; imposition; urge Congress

to propose amendment to U. S. Constitution _____________149, 428

HR 45 --Rigdon, Honorable John; express

sympathy for passing of .__-------.-------_._--__--_______-- ....150

HR 46 --Shehane, Honorable George Ellis; express

sympathy for passing of _____------__--_----__--_______________--__----.151

HR 47 --Livingston, Mrs. Mayo, Jr.; express

sympathy for passing of ________________________________________,,__162

HR 48-161 --Stanbury, James E.; compensate _________________ ................167, 209

HR 49-161 --Mobile Home Industries, Inc.;

compensate

._.....____._________________ 168, 209, 2002, 2244, 3158

INDEX

4129

HR 50-161 --Campbell, Mrs. Billy W.; compensate ....____.--_.......______._--........____._. 168, 209, 2002, 2241, 3158
HR 51-161 --Cowart, Mrs. Nancy Nix; compensate ----_._-.....--____-____..168, 209 HR 52-161 --Raulerson, Eugene L. & Jiffy Food
Stores of Georgia, Inc.; compensate ---.--,,___,,__-..__.___168, 209 HR 53-161 --Davis, Mrs. Era S.; compensate __.___________.._____.______._______________168, 210 HR 54-161 --Piney Bluff Bridge; rename ....._________._.._.__168, 210, 428, 496, 1226 HR 55-161 --"The New Frontier"; adopt as new
State poem _______.__._._._________._..______._.______..___.__.___.____.___._..___.___168, 210 HR 56-161 --Governor; succession; amendment to
the Constitution ___......._.._______-.......-____.._...____.__.__......-......-___169, 210 HR 57-161 --Presidential inauguration; Lucy Laney
High School Marching Band .__________..._____.161, 185, 213, 215, 316 HR 58-175 --Municipal employees' pension benefits;
amendment to the Constitution ....____,,......,,_..........______________171, 212 HR 59-178 --Stephens County; lease certain
State-owned property ____._____.._._________._...____172, 213, 314, 376, 927 HR 60-191 --Atlanta, City of; ad valorem tax;
homestead exemptions; amendment to the Constitution .........__..______......_._____._........_._._......__.__199, 251 HR 61-191 --Lieutenant Governor; abolish office; amendment to the Constitution ___.._.....__.___......_...199, 252, 1021 HR 62-191 --Lacroy, Hoyt Jackson; compensate _._.___ 199, 252, 2002, 2244, 3158 HR 63-191 --Atlanta, City of; special service district taxes; amendment to the Constitution ,,__,,____.,,,,_.___--,,............. _ 199, 252 HR 64-202 --Aircraft hijacking; amendment to the Constitution ___________..__________._______________.__.__..________.__.201, 254 HR 65-202 --Sodomy; parole prohibitions; amendment to the Constitution .^...___._^ __________________________ _201, 254 HR 66-202 --Kidnapping; parole prohibitions; amendment to the Constitution _._._.__.---_.__.._---_._,,_.-_---_ 202, 254 HR 67-202 --Rape; parole prohibitions; amendment to the Constitution .........__.___.____........._.___..._......_...___.......202, 254 HR 68-202 --Armed robbery; parole prohibitions; amendment to the Constitution ___________________________ .202, 254 HR 69-215 --Atlanta, City of; ad valorem tax; homestead exemption; amendment to the Constitution _____________________ 205, 257, 1896, 1904, 3153, 3202 HR 70-215 --Atlanta, City of; ad valorem tax; revenue bond interest; amendment to the Constitution ----____205, 257 HR 71-217 --Constitutional amendments; special election; amendment to the Constitution _________ _____________206, 257 HR 72-217 --Ellett, Bruce G.; compensate ____.__.________..206, 258, 2002, 2245, 3158 HR 73 --King, Rev. Martin Luther, Jr.; honoring the memory of __-----___-_-____-----_-_.______----.____-----214 HR 74 --Mayor's Day; commend municipal officials and employees -...--------..-....--____________--.....----,,--..214 HR 75-251 --T elfair County; county officers' eligibility; amendment to the Constitution ._.___.__..._.__._..__ 245, 310, 1201, 1215

4130

INDEX

HR 76-251 --Cobb Judicial Circuit; law books -__-__-.__. 246, 311, 704, 1262, 3677

HR 77-251 --United States Constitution; ratify

Equal Rights Amendment _.--_-----._______.._-__-_.--____-246, 311

HR 78-262 --Powell, Sara A. L.; compensate ---__ 248, 313, 2003, 2245, 3158

HR 79-262 --Cowell, William P.; compensate _____-__. 248, 313, 2002, 2245, 3157

HR 80-262 --Redding, Eugene; compensate ........._--- 249, 313, 2003, 2246, 3156

HR 81-262 --Dodgen, Geraldine; compensate .....--_._249, 313, 2003, 2246, 3157

HR 82-280 --Life imprisonment sentences;

parole prohibitions; amendment to

the Constitution _________________.___._.___._____.___ 289, 351

HR 83-280 --Unicameral Legislature; amendment

to the Constitution

.._____.___ 290, 351, 1021, 1112, 1298

HR 84-280 --Ad valorem tax; homestead exemption;

amendment to the Constitution ___--___.______.____-_.--_____.--.290, 351

HR 86-280 --Ad valorem tax; homestead exemption;

amendment to the Constitution _--_______,,______________________ 290, 352

HR 85-280 --Ad valorem tax; homestead exemption;

amendment to the Constitution ____________ _________ 290, 352

HR 87-280 --W. A. (At) Nail Bridge; designate _________ 290, 352, 428, 966, 1778

HR 88-280 --Murder or rape; parole prohibitions;

amendment to the Constitution _______._______________________-_______.290, 352

HR 90-280 --Life imprisonment sentences; parole prohibitions;

amendment to the Constitution ----_.______-______-___--_________291, 352

HR 91-300 --Fulton County; retired persons'

benefits; amendment to

the Constitution _______.----_ 295, 356, 2198, 2225, 3369

HR 92-300 --Retirement benefits; increases;

amendment to the Constitution ___________ ________,,__________295, 356

HR 93 --Williams, Honorable William Marcus; congratulate _____________271

HR 94 --State Election Board; William F. Blanks __._._________._._______.___________276

HR 95 --Swain, Honorable Edwin L.; commend --_------___-___----________ 272

HR 96 --Delmar, Honorable W. Frank; commend ______________________ 273

HR 97 --Swainsboro Tigers' Football Team; commend _____.__.__________________.274

HR 98 --McClung, Honorable A, J.; congratulate _________ _._.--__________________.275

HR 99 --Illegal Use of Dangerous Drugs in High

Schools and Elementary Schools Study Committee ____________..278

HR 100-332 --Pruitt, Larry Wayne; compensate _______ 301, 360, 2003, 2246, 3158

HR 101-332 --Whitworth, George Joe; compensate _____________________________________ 301, 360

HR 102-332 --Property tax classification; amendment

to the Constitution _______..__....______. -_________________._..._-__.________301, 361

HR 103-332 --Cobb County; land survey __._,,_._.._____________ 301, 361, 642, 968, 1571

HR 104-376 --Davidson, James P.; marker __-._..._ ___________ 342, 319, 429, 514, 1226

HR 105-376 --Smith, E. Mitchell; compensate ___________ 342, 419, 2002, 2247, 3157

HR 106-376 --Hester, Eugene; compensate ___.-_____.--__ 342, 420, 2003 r 2247, 3157

HR 107-376 --East Point, City of; City Council pension benefits; amendment to the Constitution _._,,______... _.342, 420, 2198, 2223, 3301, 3341

HR 108-387 --Sessions Company, Inc.; compensate ___344, 421, 2990, 3055, 3675

HR 109 --Busbee, Honorable George D. ___.____-________.._._._____.__,,-____ _ ______._325

HR 110 --Harrison, Honorable Robert L., Sr. ._..______.____._.__ .327

INDEX

4131

HR 111-430 --Revenue anticipation obligations; elections; amendment to the

Constitution ----. -.___.___._.___.____...._. 409, 481, 642, 745, 1669 HR 112-430 --Revenue anticipation obligations;
public parking, beach erosion, etc.;

HR 113 HR 114
HR 115

amendment to the Constitution ..............................409, 481, 2597 --Cedartown Fire Department; commend -------..--_.---._--,,----..370 --Georgia State Firemen's Appreciation
Day; commend ------ -----------._______.______..__.,,..._................... 371 --Maddox, Honorable Lester G.; congratulate __...._____________________.372

HR 116 --City of Columbus Fire Department; commend _..-.______.______--373 HR 117-444 --Sheriffs' Boys' Ranch Road; designate
portion of Highway 122 ______...__.____.__________.411, 483, 572, 993, 2235

HR 118 HR 119 HR 120

--Walker, Honorable and Mrs. Larry; congratulate ------------..449 --Reaves; Honorable Henry L.; commend --------------------------449 --Williams, Dr. Harry L.; express

HR 121

sympathy for passing of ....--...________________._._______________________________451 --Johnson, Honorable Thomas Marion;
express sympathy for passing of ____________________________________-452

HR 122 HR 123 HR 124 HR 125 HR 126

--Franklin County Jr. High School Band; commend ....................453 --Nixon, Honorable Richard M.; commend ------------------------454 --Vending Machine Study Committee; create ------------------.....448 --Department of Public Safety; commend _____.__.___.____-__________________455 --Georgia Power Company; commend __________________________.________________456

HR 127-480 --Constitution Revision Commission;

create

.-.-.-.-.--.-.--_________________._________. 465, 560, 1485

HR 128-480 --Slum clearance; land acquisition;

amendment to the Constitution -------------------------- 465, 560

HR 129-480 --Southern Bell Telephone & Telegraph Co.; compensate ....................................465, 560, 2003, 2247, 3157

HR 130-480 --Atlanta, City of; Housing Code; amendment to the Constitution ................... 465, 561, 2611, 2629
HR 131-480 --Smith, Martin Sterling; compensate ....................................465, 561 HR 132-480 --Atlanta, City of; Board of Education;
land leases; amendment to the Constitution ._.........._.. .465, 561 HR 133-480 --Fulton County, Atlanta, City of; School
Superintendent's appointment; amendment to the Constitution ..................__________._________....__.___._--------466, 561 HR 134-503 --Agerton, G. Frank, Jr.; compensate ....470, 564, 2003, 2248, 3156

HR 135-503 --Commissions to protect rivers and flowing streams; amendment to the Constitution ...... ......................_...____.____.______________.______..470, 565, 704

HR 136-504 --Palmetto, City of; ad valorem tax; homestead exemption; amendment to the Constitution .... -- _._..______.........__....._..471, 565

HR 137-504 --Long, Doyal H.; compensate ------------471, 565, 2003, 2248, 3157

HR 138-509 --Carter, Lucille Hall; compensate _._________________________._..__..___.._____.472, 566, 2002, 2241, 3157

HR 139-509 --Ad valorem tax for educational purposes; exempt aged; amendment to the Constitution --------472, 566

4132

INDEX

HR 140-535 --General Assembly; parking

spaces for members ------------477, 570, 1560, 1698, 2638, 3280

HR 141-536 --Annual appropriations; amendment

to the Constitution ....___----------..--------------_..--------477, 570

HR 142-540 --Ad valorem tax for educational purposes;

exempt aged; amendment to the

Constitution .-----.....___--__--..___----------_______--------.----542, 628

HR 143-568 --Federal Bureau of Investigation;

compensate ----._____

.. --------.....547, 632, 2003, 2248, 3157

HR 144-568 --Bennett, J. R.; compensate ----------------------------------547, 632

HR 145-568 --Wood, Mrs. Lillian Tuner; compensate __________.._.__________________547, 632

HR 146-568 --Perkins, Marvin L.; compensate ._._..__....547, 632, 2003, 2249, 3157

HR 147-568 --College Park, City of; ad valorem tax;

homestead exemption; amendment

to the Constitution _------__.-----------------547, 632, 1317, 1330

HR 148 --Ashmore, Dr. Henry L.; commend .------_...----------------516, 650

HR 149-596 --Floyd County; Medical Examiner;

amendment to the Constitution _._...... 553, 637, 1201, 1217, 1778

HR 150-597 --General Assembly; apportionment;

amendment to the Constitution .....------. ..--------------553, 637

HR 151 --Pistols and revolvers; issuance of licenses -------- 517, 1761, 2442

HR 152-604 --Cobb County; lease certain property

to City of Marietta --------------------.555, 638, 1484, 1696, 2851

HR 153-604 --Curtis Youngblood Ford, Inc. &

Mrs. Linda Lanier; compensate .------ 555, 638, 2003, 2249, 3156

HR 154-604 --Stone Fort Land Co.; approve

purchase bid ----------------...----.--------.555, 638, 642, 722, 1513

HR 155-610 --Williams, E. W.; compensate --------__ 556, 639, 2002, 2242, 3156

HR 156-610 --Meeks, Mrs. Carrie K.; compensate __...._ 556, 639, 2002, 2242, 3156

HR 157-631 --Macon, City of; reconvey certain

property ------___------___--------------.618, 694, 2007, 2501, 3675

HR 158 --Caldwell, Honorable Horace G.; commend _______----------------_. 580

HR 159 --Webb, Colonel Robert Lee; commend .----------------------...------581

HR 160 --Powell, Honorable Louis Augustus; commend ------__...------..--582

HR 161 --Shorter College; commend _--......--_.......--_--..----------------582

HR 162 --Tippett, Dr. John T., Jr.; commend ....--------------._._----_..._..___ 583

HR 163 --Minor, Dr. Randall H.; commend --......--___--._----------------584

HR 164 --Garrison, Dr. Searcy S.; commend -- ----..._------...----.....----_..585

HR 165 --Kruger, Honorable Abe; express

sympathy for passing of --...-- _._____----_ ---- ------------- 585

HR 166 --Paulk, Honorable David Lee; commend ..__----__...--.------...... 586

HB 167 --Harwell, Honorable Jack U.; commend ----..------..------_..------587

HR 168 --Johnson, Honorable Lyndon Baines;

express sympathy for passing of ________--___------___------.___--588

HR 169 --Gates, Rev. Otis Mitchell; commend ----_.----------------..--......589

HR 170 --Harbin, Honorable Gil; commend _...----_._._..------ ........----_.....590

HR 171-642 --Perry, City of; ad valorem tax;

homestead exemption; amendment to

the Constitution ----------------------..620, 696, 1317, 1333, 3677

HR 172-648 --Metropolitan Atlanta Rapid Transit

Overview Committee; create __----622, 697, 798, 950, 1669, 1694

INDEX

4133

HR 173 --Bond, Dr. Horace Mann; express sympathy

for passing of __-_-----------._,,-____________,,,,_________._,, _____610

HR 174-670 --General Assembly; meeting; time

and adjournment; amendment to

the Constitution

___._,,______________________________________________626, 700

HR 175 --General Assembly; joint session to hear

addresses by Senators Talmadge and Nunn _ _ __.799, 1924

HR 176-680 --Corporate powers, how granted;

amendment to the Constitution _...___.. 685, 790, 1200, 1456, 2235

HR 177-696 --Ad valorem intangible taxes; amendment

to the Constitution ______ ____.________._________..___.______________________..688, 793

HR 178-697 --Ad valorem intangible taxes; amendment

to the Constitution _______.....--._______________.____--_____.__,, _689, 793

HR 179 --Employment; encourage employment of

Georgia citizens ----------------.----_______._.._...__--____________682

HR 180-719 --Gordon County; HAND UP, INC.,

appropriations; amendment to

the Constitution ....----------------...____.785, 858, 1201, 1219, 1778

HR 181-719 --Calhoun, City of; HAND UP, INC.,

appropriations; amendment to

the Constitution ______________________________785, 858, 1201, 1222, 1778

HR 182-719 --Leonard, D. Michael; compensate ------------_..______...--------785, 858

HR 183-719 --Atlanta, City of; lotteries;

amendment to the Constitution ____.___--------785, 858, 2802, 2843

HR 184-719 --Fulton County; pari-mutuel wagering

and off-track betting; amendment

to the Constitution ____________________,,,,...___ ________786, 858, 2802, 2845

HR 185 --Human Resources, Department of;

senior citizens; information concerning

benefits

............ 753, 1656, 1679

HR 186-734 --Compensation of State officials;

amendment to the Constitution --________._____----------789, 861

HR 187-736 --Education; leases for land, buildings

or facilities; amendment to the Constitution ___________789, 861

HR 188 --Central Presbyterian Church of

Atlanta, congratulate

__------___--------------___754

HR 189 --Powell, Honorable Joe; commend .......----....--.__________________ 803

HR 190 --Binns, Honorable Jesse Davis; express

sympathy for passing of ...------------,,__._...___________________804

HR 191 --Quinn, Officer Larry Eugene; express

sympathy for passing of ------------------__------_------__--__- 805

HR 192 --Nunn, Senator Sam; commend ____----_----__._._______806

HR 193 --Polk, Honorable Steve; commend --____________.------,--------------807

HR 194

--McCracken, Honorable J. Roy; wishing a speedy recovery ------------_____,,----------------807

HR 195

--Ski slope in Rabun County; best wishes for continued success ___._______.................__..__________._....._..808, 1105

HR 196

--Cedartown High School Future Business Leaders of America; commend ------------------__.._.___...809

HR 197 --Wild Hog Study Committee; create _______--------_________811, 2801

4134

INDEX

HR 198 --Judicial Retirement Study Committee; create ------.._..-- ----------------------812, 1761
HR 199 --Few, Honorable William; reinterment .............................. .....810 HR 200-776 --Meriwether County; convey certain
real property -- .----------------.---- 911, 1011, 1484, 1818, 2850 HR 201-779 --Gwinnett Judicial Circuit; law books ....912, 1011, 1761 2592, 3675 HR 202 --White, Mrs. Kathleen H.; commend ------------------.------874 HR 203-804 --Thombley, Newell N.; compensate ....... 917, 1016, 2003, 2249, 3156 HR 204-832 --Spalding County; State Court;
Superior Court; sureties .....___.___....__......... 1003, 1191, 2323, 2948 HR 205-832 --Covington, City of; Parking Authority;
amendment to the Constitution ...... 1003, 1191, 2007, 2018, 3370 HR 206-839 --McCrae, Mrs. Hazel; compensate ....... 1004, 1192, 2003, 2250, 3156 HR 207-855 --State Board of Pardons and Paroles;
powers; amendment to the Constitution .... .......... 1007, 1195 HR 208-855 --Cobb County; homestead exemptions
for disabled; amendment to the Constitution ------..------------.. 1008, 1195, 1317, 1336, 3370 HR 209-871 --Ad valorem tax; out-of-state subsidiary corporations; amendment to the Constitution -.._..----....------------------------_ 1183, 1308 HR 210-874 --Houston County; license fees; amendment to the Constitution ----------------1184, 1309, 2007, 2031, 3370 HR 211 --Highway maintenance crews; commend ..--___-- ..... -- --.--.1135 HR 212 --Criminal Law Study Committee; commend ......._..___.....1136, 1326 HR 213 --Alien, Mayor, J. R.; express sympathy for passing of __----------------____._.--------_...._------....1137, 1326 HR 214 --Irwin, Mrs. John R.; wish speedy recovery ............_...............1138 HR 215 --Owens, Honorable Hoyt; commend --------......._...........--1138 HR 216 --Barton, Sergeant Farrell; commend ....------------------------1139 HR 217 --Ivey, Trooper James "Eddie"; commend .....__.............._........_.1140 HR 218 --Salmon, Sergeant Henry; commend .------...... ...----......--..-- 1140 HR 219 --Harper, Sergeant Glenn; commend _--------_------...--------,, 1141 HR 220 --City of Columbus employees; commend ---_.-....-..----....----.--.1142 HR 221 --Boone, Honorable Jack; express sympathy for passing of ....1142 HR 222 --Kilgore, Honorable Guy Willis, Jr.; express sympathy for passing of --...----_--.._-------....----1143 HR 223 --Croker, Honorable James William, Jr.; express sympathy for passing of .......___..........._..___..........____1144 HR 224 --School bus safety program; commend .-- ......__......--._.._........--1144 HR 225 --Wheeler, Mrs. Josephine; commend ----.----------------------1145 HR 226 --Georgia Poultry Federation, Inc.; commend officers --.----1146 HR 227 --Insurance coverage; certain professions ------1148, 2004, 2869 HR 228 --Multi-State Transportation Route Advisory Board; endorse ...------------------------1149, 2319, 2870, 3680 HR 229 --Military Assistance to Safety and Traffic Program; Governor urged to make available .------1150, 2798 HR 230-909 --Revenue anticipation obligations; expand purposes; amendment to the Constitution _.__------1306, 1374 HR 231-921 --DeKalb County; pari-mutuel betting; amendment to the Constitution _______.___.___._._----_....... 1370, 1478

INDEX

4135

HR 232-930 --Timber; capital gains treatment;

Congress urged to preserve --.--------....1472, 1554, 1661, 2497

HR 233-930 --Public Service Commission; review of orders; amendment to the Constitution ------------_------._ -1473, 1554

HR 234-930 --Savannah River Bottom; license to

Georgia Marine Warehouse Company ------------ _. .------1473, 1555, 2007, 2373, 3370 HR 235 --Floyd, Honorable James H. "Sloppy"; honorary degree ---------------------------------------------1445 HR 236-942 --Food Costs Study Committee; create ----........... 1475, 1556, 3132

HR 237-942 --Lobbyists; repeal certain provisions; amendment to the Constitution ----------------------1475, 1556
HR 238-942 --General Assembly; apportionment; amendment to the Constitution ----------------------1475, 1557
HR 239-942 --Compensation of State officials;

amendment to the Constitution ----------------------1475, 1557 HR 240-942 --Poll tax; amendment to the Constitution ------------1476, 1557 HR 241-942 --General Assembly; special election to fill
any vacancy; amendment to the Constitution ----.1476, 1557 HR 242 --WRBN Radio; commend ......................................----------------1495 HR 243 --Georgia National Guard; commend --------------------1496, 1669 HR 244 --Snow storm; relative to ----------------------------------------1497 HR 245 --Snow storm; relative to --------------------------------------1498 HR 246 --Nixon, Honorable Richard M.; commend ----------------------1498

HR 247

--Turner; Honorable George Thurston; express sympathy for passing of --------------...--------------1499

HR 248

--Lee, Honorable Fred S.; express sympathy for passing of ............----...._.--_----_...----1500

HR 249

--Thomas, Honorable Gilbert M.; express sympathy for passing of .-.._------------------------------1501

HR .250 HR 251

--Atlanta, City of; Pension Study Commission ----------1503, 3007 --Lives of the unborn; Congress urged to
reinstate all legal protection ----------------1504, 2465, 2871

HR 252 --Cobb County Telephone Directory; relative to --------------1505 HR 253-952 --General Assembly; privilege of members;
amendment to the Constitution ------------------------1546, 1647

HR 254-964 --Ad valorem tax; machinery; amendment to the Constitution ----------------------1548, 1649
HR 255-978 --General Assembly; increases during term of office; amendment to the Constitution ----------1551, 1651

HR 256-978 --Low, Juliette Gordon; Hall of Fame ---------------------- 1551, 1651, 2007, 2371, 3153

HR 257 --Fraser, Honorable Donald Hines; commend --------.--------1501

HR 258 --Junior League of DeKalb County, Inc.; commend ----------1502

HR 259-983 --Aluminum ore; appropriations for

commercial production; amendment to

the Constitution

.--------.------------------,,-1552, 1652

HR 260 --Camp, Brigadier General Charlie F.; honor .......--------_--1575

HR 261-1012--Peeples, Richard and Ruth H.; compensate ----------------.--------1553, 1654, 2002, 2243, 3157

4136

INDEX

HR 262-1012--Georgia-Georgia Tech Football Game;

State Educational TV Network ---- ----------------1638, 1752

HR 263-1012--Cobb County; planning and zoning powers;

amendment to the Constitution ___________ 1638, 1752, 1896, 1910,

3301, 3310

HR 264-1012--Ad valorem tax; warehouses; amendment

to the Constitution _.___________--------------_____.____------1638, 1752

HR 265-1012--Tangible property in transit; exemptions

amendment to the Constitution ------------------------1638, 1752

HR 266-1013--Lacher, Mrs. Hilda C.;

compensate ...............------

1553, 1654, 2002, 2250, 3157

HR 267-1017--Sumter County; Courthouse bell 1639, 1753, 2007, 2511, 3153

HR 268-1017--Habersham County; convey and

acquire certain real property ......1639, 1753, 2468, 2649, 3370

HR 269 --Edwards, Honorable Ward; congratulate ..._._..........................1605

HR 270 --Hill, Honorable Guy F.; congratulate ------------------------1629

HR 271-1049--Gwinnett County; officers' salaries;

amendment to the Constitution ------------------------1645, 1758

HR 272 --Tourism Study Committee; create -----------------------------1679

HR 273 --Elder, Honorable David P.; commend __._.__.___...._._._..................1680

HR 274 --Houston County Civil Defense members; commend ________________1681

HR 275 --Houston County Sheriff's Department; commend ...............1682

HR 276 --City of Warner Robins Civil Defense

members; commend ---------------------------------------- ....1683

HR 277 --Dismukes, Dr. Herman L.; express

sympathy for passing of ....._.___..___..._._._..__._._._.__......_.............1683

HR 278 --Franklin County Junior High Girls

Basketball Team; commend .--___.___.____._.--------------......--1684

HR 279 --Gnann, Mrs. Pearl Rahn; express

sympathy for passing of ._-.--...-.......................................--1685

HR 280 --Brooks, Rev. Eddie D.; express

sympathy for passing of --------------------------------------1686

HR 281 --Tauber, Dr. Fredric M.; Dr. William

S. Crosby; express sympathy for passing of ...........----..--1687

HR 282 --Environmental Education Study

Committee; create __----.----._----_-----_...------.----.1688, 2006

HR 283 --School buses; enforce certain laws ......_...._...._.--------1689, 2362

HR 284 --Eastern Wilderness Omnibus Bills

before Congress; relative to ----------1689, 2320, 2872

HR 285 --Vital Areas Study Committee; create ------------------1690, 2006

HR 286 --General Telephone Company; relative to rate increase ----1691

HR 287 --Petroleum Products Safety Study Committee; create --------.1692

HR 288 --Ports; preference prohibitions ----------------------------...........1693

HR 289-1068--Damages to private property for public purposes; amendment to the Constitution .............--1737, 1883

HR 290-1091--Bartow County; convey certain property ....._.....------------.1742, 1886, 2007, 2495, 3675

HR 291-1110--Atlanta Metropolitan Rapid Transit Authority Overview Committee; expenditures ..------------------.1745, 1889, 1895, 2261, 3375, 3405

INDEX

413?

HR 292 --Guy, Honorable Ray; commend _.__-__-__________.___________.______1785 HR 293-1118--Minimum Foundation Program of
Education Study Committee; create ___._________.._,,_______.____________. 1747, 1890, 2003, 2508, 3375, 3476 HR 294 --Buck, Honorable Thomas T., Ill; congratulate .___________.____1786 HR 295-1152--Pataula Creek State Park; rename "George T. Bagby State Park" ..._.._____.__________..____________1880, 1999, 2006, 2447, 3150, 3309 HR 296 --Graham, Dr. Billy; Atlanta Billy Graham Crusade; urge and pledge support ___,,_._.__.2097, 2235 HR 297 --Sharpe, Honorable T. Malone; express sympathy for passing of _-_...._._._____,,_,,_________,,_,, 2098 HR 298 --Alexander, Mrs. Dorothy; commend __-____________._.__________________2099 HR 299 --Atlanta Ballet; designate as the State Ballet Company _______.___________________.______________.__________._______.2100, 2491 HR 300 --Godfrey, Honorable Gayle T.; commend ________________________-2101 HR 301 --Creel, Coach Wayman; commend .__..___-_____._______-_.._________________.2102 HR 302 --Rahn, Mrs. Lila Crawley; commend ____________________________....2102 HR 303 --Widener, Nathan F., Sr.; commend __.___._._._....._.___________.2103 HR 304 --Churchhill Downs Garden Club; commend _,,...._....._._____._.2104 HR 305 --Columbia High School Wrestling Team; commend .--._~.___.2105 HR 306 --Southwest DeKalb High School Football Team; commend __--_,,------___,,-,,--___--_--.________2105 HR 307 --Chandler, Honorable Philip M.; honor _____________._________._______2106 HR 308 --Oliver, Mr. and Mrs. Hugh; commend _-_____-_______-___-_._____.2107 HR 309 --House Intern Program; commend personnel _________________...2108 HR 310 --Jones, Honorable Algie J.; express sympathy for passing of ___________.___--____--_.__ ........ 2108 HR 311 --Watson, Mr. & Mrs. James Pope, Jr.,; commend ___________.2109 HR 312 --House of Representatives; commend certain members _____.2110 HR 313 --Akins, Honorable Bonnell; wishing speedy recovery --..-..--2111 HR 314 --Watson, Honorable John F.; express sympathy for passing of _---______,,--____-_____----_------.2111 HR 315-1180--Harris, Cecil; compensate _________-_-________-____._-2184, 2314 HR 316 --Johnny Cash and June Carter; invite to address the House ______,,_________,,______._.__._____2250 HR 317-1189--Financial Institution Laws Study Committee; create __________._.2186, 2315, 2464, 2878 HR 318-1197--Coffee County; convey certain property ________________________ 2312, 2462, 2468, 2653, 3370 HR 319 --Chatham County; reevaluation of property ---.......-.-..--.....---..2363 HR 320 --Wells, Honorable David Warner; express sympathy for passing of _--_--------_----_________________.....2364 HR 321 --Atlanta Masonic Club #151; commend ____.___________.____2364 HR 322 --Polk County Hairdressers Assoc., Affiliate #44; commend _____________-________._-____._______2365 HR 323 --Muskogee-Creek Indian Tribe; recognize ------__--__________2366 HR 324 --Gordon Singers; commend _________________________--____._---_______2367 HR 325 --House Bill 625; create study committee to study __._.__--__..2370 HR 326-1199--Debts incurred by counties and municipalities amendment to the Constitution --__-______.,,_--_r_______.__2313, 2462

4138

INDEX

HR 327 --State Properties Control Commission;

provide for election of a member --........._----._...-- _.-- 2368

HR 328 --State Capitol; urge relocation ----------...__......._----.__------....2368

HR 329 --Fulton County; Superior Court Judges .--------......._------....2369

HR 330 --Swain, Honorable Edwin L.; commend ----------__......_...----.2549

HR 331-1230--Chatham County; horse and dog racing;

amendment to the Constitution ........------------------2603, 2791

HR 332 --Burt, Honorable Addison M.; commend ------------.--------..-2660

HR 333 --Northwest Georgia Regional Hospital; relative to ________________2759

HR 334 --Children's Lead Poisoning Study Committee; create ..------ 2760

HR 335 --Energy Crisis Study Committee; create ----------------------2761

HR 336 --Health, Education and Welfare; express

objection to guidelines ------......_.._.--...............____... 2762, 2798

HR 337 --Farm commodities; Secretary of

Agriculture urged to support prices ---------2763, 3132, 3681

HR 338 --Franklin County High School Girls

Basketball Teac; commend .........._. ______..._............................ 2770

HR 339 --Lawalin, Miss Lisa; commend .........................._.._...._..._........._.. .2765

HR 340 --Lacy, Honorable Alex B., Jr.; commend --......------------ 2765

HR 341 --Bostick, Honorable Henry; commend

:

2766

HR 342 --Georgia State University; commend --------------.----------2767

HR 343 --Cherokee County High school athletic

program; commend -----------..-......_.------------------------...2768

HR 344 --Howell, Admiral Hugh H., Jr.; congratulate .....------------..2769

HR 345 --Dilworth, Honorable Gilly; commend --------------------------2769

HR 346 --Robert Wood Johnson High School Girls

Basketball Team; commend ...._..._..................... ....

........ 2770

HR 347 --East Hall High School Basketball

Team; commend ______..___.__..._._......................_..........._.................2771

HR 348 --Monroe Area Comprehensive High School

Girls Basketball Team; commend .._.._......_...._........_...._......._..2772

HR 349 --Perkins, Lt. and Mrs. William E., Ill; congratulate ........ 2772

HR 350 --Smith, Honorable Leon; wishing speedy recovery ..................2773

HR 351 --LaGrange College Panthers Basketball

Team; commend -.------------------..........--------------2774, 3008

HR 352 --Peters, Honorable Robert G.; congratulate ............._..............2774

HR 353 --Lane, Honorable Dick; commend ------_----------....._._....._.......2775

HR 354 --Georgia Municipal Association; commend --.-------- 2776, 3008

HR 355 --Divine Creation; State Board of Education

HR 356

urged to require courses __-.___._______________________________._________________.2860

--Davis, Mrs. Beth; City of Fitzgerald; commend .

....2860

HR 357

--Bacon County High School Boys Basketball Team; commend .--.............--------.---------- .2861

HR 358 --Jennings, Dr. E. R.; commend __._.__._...........................................2862

HR 359

--Massey, Honorable Dyar E.; express sympathy for passing of ------------------..--------------.......2863

HR 360 --Torbett, Miss Lisa Lane; commend ___.__._.............................__.....2864

HR 361

--City of Commerce; High School Football Team; commend --------_.... .----------_.___.__..__._._..._.------ 2864

INDEX

4139

HR 362 --Southwest High School Lady Patriots Basketball Team; commend _--____----_.------------_........2865
HE 363 --National Direct (Defense) Study Loan Program; Congress urged to continue --_------.__------.----2866
HR 364 --Corridor Loop Study Committee; create __--_--------_________..2867 HR 365 --National Crime Commission;
Congress urged to create _...----_-------._--------_--2868, 3150 HR 366 --Southwest High School Basketball Team; commend ------2869 HR 367 --Unrecognized persons; recognize, commend
and congratulate --------------------------------------_-----3080 HR 368 --Georgia Warm Springs Foundation Study
Committee; create .....------------------------___________3094 HR 369 --Hudson, Honorable Ted; relative to -- _----___......____._3095 HR 370 --Atlanta, City of; charter; relative
to Senate Bill 50 ------______--------------------_________.----3096 HR 371 --LeBey, Honorable John C.; commend --------------------------3161 HR 372 --Hopper, Miss Tina Marie; commend --------------____..3260 HR 373 --Dooley, Honorable Vince; commend ..------------------_----------3260 HR 374 --Edwards, Honorable Ralph; welcome to State _______--------3261 HR 375 --Richard B. Russell Dam and
Reservoir; urge completion --------------------_----------3263 HR 376 --Prisoners of War; commend ._----------------------------------3343 HR 377-1238--Cedartown-Atlanta Freight Lines, Inc.; compensate __----___3472 HR 378-1238--Cedartown-Atlanta Freight Lines, Inc.; compensate __________3472 HR 379 --State Properties Control Commission;
amend HR 327 _----._____.----__----_____----_-----____.-3381 HR 380 --Educational Benefits for Veterans
Study Committee; create ___________________________________________3636 HR 381 --Knighton, Miss Melody Lee; commend ------------------------3637 HR 382 --Speaker's office; commend personnel ----.--------------------.3638 HR 383 --Stenographic Pool; commend ...--------------_.----------------..3639 HR 384 --Elmore, Honorable Zay; commend ----------------_----3639 HR 385 --Sellers, Honorable Beryl; commend ----------------------------3640 HR 386 --Rowan, Mrs. Amelia; express sympathy
for passing of _--_--__--______ -_.------_------,,------___----____3641 HR 387 --Donnaud, Honorable Albert; commend .....--------------------3641 HR 388 --Lewis, Dr. Clifford G.; commend _--...----------------------3642 HR 389 --Quillian, Dr. Henry M.; express sympathy
for passing of _------------.-------- ___________________ 3643 HR 390 --Macon Telegraph & News; commend ___------------___________3643 HR 391 --WMAZ Radio and TV; commend ______.________._..._._____..__________.______3644 HR 392 --Martin, Dr. John O.; expressing
appreciation to _._____--_--_____----_._____----------____________.__3645 HR 393 --Rand, Commander Milan; express
sympathy for passing of--------------------------------____3645 HR 394 --Pearce, Honorable Clinton C.; express
sympathy for passing of ________ ______,,_____--______._____----3646 HR 395 --English, Rev. C. O.; commend _------------__----------.___----3646 HR 396 --Stone Mountain Memorial Park; Flame of Unity _--_____,, 3647 HR 397 --Morrow High School Girls Basketball
Team; commend _--_________------._----________.____...______3648

4140
HR 398 HR 399
HR 400 HR 401 HR 402 HR 403
HR 404 HR 405 HR 406 HR 407 HR 408 HR 409 HR 410 HR 411 HR 412
HR 413 HR 414
HR 415
HR 416
HR 417
HR 418 HR 419 HR 420 HR 421
HB 422 HR 423 HR 424 HR 425 HR 426
HR 427 HR 428 HR 429
HR 430

INDEX
--Morgan, Rev. Herbert D.; commend __.__--___________________ .__._____3648 --Forest Park Senior High School Boys
Basketball Team; commend ______________________________......_______3649 --Waddell, Lt. Col. Dewey W.; commend ___--...____,,._._________._. .3650 --Swindle, Major Orson, III; commend _----_--________,,__,,.___.___ 3651 --Taylor County 4-H Club; commend ~__---____-____-_______-_-____.3652 --Stewart, Miss Lucy; express sympathy
for passing of _____________________.____________________________________________3652 --Marion County 4-H Club; commend ,,_____-___._______________________ 3653 --Lance, Honorable Thomas B.; commend ----_--_.________________..________3654 --Adel, City of; congratulate _-___-_-_--_.-_-___.______.__._._._______.3654 --Cairo "Syrupmakers"; commend ............------______.___._-__--_...3655 --Cairo "Syrupmaids"; commend ._.._.____________.______________.__.3656 --Bagley, Lt. Col. Bobby; commend ____,,____._______________________.__3657 --Sellfors, Honorable Ernest; commend __-_-______.___.__________-______3657 --Nix, Dr. Jack P.; commend ..,,__._______.._____________________________... 3658 --Legislative & Congressional Reapportionment
Committee urged to preserve county lines ,,_,,__________..,, 3659 --Manget, Honorable Frederick; commend _--__.___._ ____-_--_--.3660 --News Media; commend personnel who
covered 1973 General Assembly _-________-_-_-__-_.____________.___._____3660 --Woodard, Mrs. D. A.; express sympathy
for passing of __________--_----------_.--__----______________________--3661 --Statesboro Senior Boys All-State
Basketball Team; commend ._--______-,,----__-______._-______-__3662 --General Assembly; adjournment sine die,
Friday, March 16, 1973 at 7:00 P.M....-..3519, 3583, 3605, 3623 --Toles, Honorable E. B.; congratulate ____-_-_-_________--___-___~3663 --Telephone Center; appreciation to ladies __.___,,__________.___,,_3663 --Boggs Academy; commend __,,_-_______----.--._.-_________-_._--_.-__3664 --Hogansville High School Basketball
Team; commend ______-------_--.--_--_------,,.__.___ _.______.____3665 --Shepherd, Honorable E. J.; commend __________.__________._______-___3665 --Smith, Honorable Geo. L., II; commend -_-___________-__-_______-__3666 --Phillips, Honorable L. L. "Pete"; wishing speedy recovery... 3667 --Speaker's Office; commend ladies of the office .___________-__._3667 --Legislative Counsel and Honorable
Frank Edwards; commend ____-_--_--_.--______________________3668 --Whipkey, Honorable Jim; express appreciation to ________ 3669 --Ellard, Honorable Glenn W.; Clerk's Office; commend ........3669 --Legislative Counsel; State Constitution;
proposal for revision ________________------_.--___--------_--____3670 --Barber, Honorable Mac; commend _______-___-.___________--__--__--_3671

INDEX

4141

Part IV

SENATE BILLS IN HOUSE

SB 5 SB 11 SB 12 SB 14
SB 15 SB 16
SB 17 SB 18 SB 19 SB 20 SB 21 SB 22 SB 23 SB 25 SB 26 SB 29
SB 30 SB 31 SB 32 SB 33 SB 34 SB 35

--Income tax; quarterly returns ....._-_.1391, 1392, 1479, 2994, 3195 --Motor vehicles; rear wheels; metal protectors ___. 369, 374, 425 --License plates; Motor Vehicle Financial
Responsibility Act ......______....__........1670, 1671., 1758, 2319, 3546 --Marijuana; penalty for possession of
one ounce or less ......_..__.___ 494, 495, 571, 1760, 3016, 3088, 3262, 3266, 3290, 3300, 3332, 3376
--Institutional homes; building specifications ---.-927, 928, 1017 --Long-term health care facilities;

establish

...

1512, 1514, 1558, 2193, 3036, 3291,

3384, 3473, 3483 --Alcoholic beverages; contraband
articles __.-.._..........-.____________.__.._._-........._.___.1389, 1392, 1479, 2800

--Uniform Commercial Code; clearing corporations ____.__._. ..__..._______.___.369, 374, 425, 2005, 3051
--Georgia Health Care Facility Fire Safety Act; enact ______________________._____________1327, 1329, 1374, 2193
--Georgia Code of Public Transportation; air rights ___.___.__.....................___.494, 495, 571, 2196, 3282, 3377
--Georgia Records Act; authorities ___.____________________..._.______.369, 374, 425, 2991, 3537, 3680
--Atlanta Judicial Circuit; Deputy district attorneys ..._.................._.___-___.__-___.374, 375, 425, 705, 715
--Criminal Code; altered identification marks .__....._._.........._,,.... 414, 431, 486, 2466
--Criminal cases; unsworn statements _.___.__________________927, 929, 1017

--Felony trials; jury panels __________._________.369, 375, 426, 2196, 3113

--Supreme Court and Court of Appeals; interlocutory appeals upon petition .--..------_-..................._.-.. 1105, 1109, 1196, 1482, 3214

--Judicial Council of the State of Georgia; create ......._____,,______ 1328, 1329, 1374, 1760, 2047, 2359

--Bail bond; rights of person refused bail to be heard _.__,,___ 1105, 1109, 1197, 1328, 2991, 3598, 3681

--Criminal cases; motion for discovery and inspection ... 2039, 2095, 2190, 2802, 3110, 3160, 3520, 3679

--Fulton County; Criminal Court; salaries _...._,,._....._.. ..._... -2230, 2236, 2316, 2993, 3004

--Fulton County; Criminal Court; Assistant Solicitors _...._..------.----2641, 2777, 2791, 2993, 3004

--Atlanta, City of; Criminal Court; jury panels .............................................------_..-1570, 1573, 1653

4142 SB 36 SB 38 SB 39 SB 40 SB 41 SB 42 SB 43 SB 45 SB 46 SB 48 SB 49 SB 50 SB 51 SB 53
SB 54 SB 55 SB 56 SB 57 SB 59 SB 63 SB 64 SB 66
SB 67 SB 72 SB 73 SB 79

INDEX
--Uniform Standards Code for Mobile Homes Act; enact .-__,,.....__..._,,.......,,...._ 315, 315, 363, 365, 433
--Peace Warrants and Behavior Bonds; repeal Code Title .__..__....__..1779, 1781, 1891, 2196, 3197, 3381
--Civil cases; trial proceedings __......_.__......414, 431, 486, 2800, 3540 --Teachers' Retirement System;
creditable service benefits .,,___._...._ 925, 929, 1017, 1895, 2445 --Incorporation of municipalities;
certain counties __________________________________ 925, 929, 1017, 1895, 2495 --Superior Court Judges' Emeritus;
widows' benefits ____,,__,,__--_,,__-_--_____.._.575, 576, 640, 2006, 3609 --Department of Public Safety; Director's
mandatory retirement -....____.......__.1512, 1514, 1558, 2006, 3610 --Courts; dismissal of suits pending for a
period of three years ____.____-__--__--___-__-______._...369( 375, 426, 2196 --Georgia Civil Practice Act; dismissal of suits
pending for a period of three years _._.,,_._....__ 369, 375, 426 --Bastardy proceedings; abandonment _,, 927, 929, 1017, 2799, 3305 --Atlanta, City of; school system;
create new structure __-____.___..______.2709, 2782, 2796, 3072, 3073 --Atlanta, City of; reincorporate in
Fulton and DeKalb Counties .___... 2675, 2782, 2795, 3072, 3073 --Compensation of State Officials;
annual salary and allowance ----.,,....--__._....__.1772f 1781, 1891 --Atlanta Judicial Circuit; Assistant
District Attorneys; retirement benefits ____-__________~_____.__.-~_____-__1106, 1109, 1197, 3349, 3351 --Fulton County; judges; retirement benefits ......____.._....______.........._._......2678, 2783, 2797, 3349, 3351 --Firemen's Pension Fund; increase benefits ._-____._______________________..____.-_-__-2236, 2239, 2319, 2611, 3036 --Mineral leasing; titles; adverse possession _...-..__,,-_....___.,,,,......__-.-...-..___._...... 575, 576, 640, 2196 --County boards of education; meetings _ .370, 375, 426, 1655, 3087 --Georgia High-Rise Building Safety Act; enact .........___-......__.___..-..._.._.._..--.__.928, 929, 1018, 2611 --Carroll County State Court; Solicitor's salary .........._-.-..-....______......716, 717, 795, 2803, 2830 --State Employees' Retirement System; Messengers and Doorkeepers -......,, 870, 873, 922, 1484, 1702 --Richmond County State Court; Trial Judges and Solicitors Retirement Fund Act _..-.-..__._......-...-..........._..-..2095, 2096, 2191, 2801, 3252 --Richmond County State Court; Judge's retirement benefits ___._______.2484, 2543, 2606, 3134, 3140 --Georgia Ports Authority; membership _____________.__.715, 717, 795, 2196, 2967, 3014, 3376 --Petroleum products; inspection and sale _______________________-__.__.~-___---__-927, 929, 1018, 1482, 3277 --Atlanta-Fulton County Recreation Authority; pension fund ,,______--_,,.____--._.,,.__..__.__ 2230, 2236, 2316, 3349, 3355

SB 80
SB 81 SB 82 SB 85 SB 86 SB 87 SB 88 SB 91 SB 92 SB 93 SB 94 SB 95 SB 99
SB 101 SB 102
SB 107 SB 108 SB 113 SB 115 SB 119 SB 125 SB 126 SB 127 SB 128 SB 129 SB 130

INDEX

4143

--Atlanta-Pulton County Recreation

Authority; pension benefit

credits ___________-___________________-_____-,,.___.___________ 2231, 2236, 2316, 3349

--Fulton County; employees; additional

pension benefits __..._...._.._...___.._....___.__.__.__._____________1571, 1573, 1653

--Pulton County; employees; additional

pension benefits __________________________ 2633, 2777, 2792, 3350, 3360

--Criminal Code; labels or price tags;

penalty for interchanging ____________________ 2644, 2777, 2792, 3133

--Criminal Code; bad checks; deceptive

practices _______________________________________________________ 928, 930, 1018, 2800

--Abusive or obscene language; breach

of the peace _

......._ 928, 930, 1018, 3134

--Criminal Code; blank cartridges ________________________ 2642, 2777, 2792

--Attorneys; unlawful practice of law __________ 928, 930, 1018, 2800

--Fulton County Board of Education;

pension benefits ___________________________ 2231, 2237, 2317, 3349, 3351

--Fulton County Board of Education;

dependent benefits

. . 2231, 2237, 2317, 3349, 3352

--Fulton County Board of Education;

pension benefit credits ..._..._._____._._ 2231, 2237, 2317, 3349, 3352

--Fulton County employees; pension fund ............2485, 2543, 2606

--Richmond County; State Court Judges'

Emeritus; Social Security

benefits ________________________________________ 2484, 2543, 2606, 3134, 3140

--Fulton County officers and employees;

pension fund participation __________________________ 2231, 2237, 2317

--County Managers; board of

commissioners may create

office ____________________________________ ....1670, 1671, 1758, 3135, 3618

--Georgia Anatomical Gift Act;

define death _______________________ 1225, 1226, 1312, 2800, 3118, 3375

--Compensation of State Officials;

annual salary and allowance ______ 1108, 1111, 1199, 1200, 1364

--State Employees' Retirement System;

accumulated contributions ____________ 1572, 1573, 1653, 1895, 3204

--Employees' Suggestion and Awards Board;

change certain provisions .................. 649, 650, 701, 704, 1153

--Railroads; reflectorized railroad

crossbuck signs

..... 2234, 2238, 2317, 2465, 2966

--Heard County; Superior Court

Clerk's salary ....... ........................... 716, 717, 795, 2612, 2627

--Heard County; Ordinary's salary 716, 717, 795, 2612, 2627

--Heard County; Board of Commissioners' salaries ___________.... ..._..__716, 717, 795, 2612, 2627

--Heard County; Sheriff's salary ______..... ... 716, 718, 795, 2612, 2628

--Heard County; Tax Commissioner's salary ___________________________________ 716, 718, 796, 2613, 2628

--Department of Transportation;

venue and service of suits by or against ... 870, 873, 922, 1314

4144 SB 131 SB 132 SB 135 SB 136 SB 139 SB 140 SB 142 SB 143
SB 144
SB 146 SB 151 SB 152 SB 153 SB 154 SB 156 SB 158 SB 159 SB 160 SB 161 SB 166
SB 167
SB 168 SB 169

INDEX

--State employees' moving expenses; reimbursement ___.___.____________________.___2642, 2778, 2792, 2192, 3246
--Game and Fish; confiscation of illegal devices ________________________________ 1106, 1110, 1197, 1895, 3068
--Juvenile Court Code; judges' expenses ___________________,,___ 1106, 1110, 1197, 2799
--Superior Courts; Judges or District Attorneys; compensation ___________________ 870, 874, 922, 2466, 3389

--Fulton County; Sheriff's salary ________________________________ 1390, 1392, 1479, 3349, 3350, 3680
--Georgia Code of Public Transportation; establish new laws _________ 871, 874, 922, 1315, 3127, 3273, 3377
--Department of Offender Rehabilitation; State-owned vehicles ____.__._______1780, 1782, 1892, 2465, 3059
--State Board of Corrections; inmates transferred to U. S. Attorney General ._________________._________1106, 1110, 1197, 2196, 3059
--State Board of Corrections; inmates authorized to work at paid employment _______ _____..___.__.1106, 1110, 1197, 2197, 3061
--Georgia Prison Industries Administration; services ______________.____________________.1106, 1110, 1198, 2197, 3062
--Estates; administrators; permit private sales .__,,___,,,,._,,,,._ ________ 1512, 1514, 1558, 2802
--Motor vehicles; headlights mandatory in rainy or bad weather ______________________715, 718, 796, 2195, 3214
--Hospitalization insurance; define physician and surgeon ________________ 1511, 1514, 1558

--County boards of tax assessors; appeals ______________________________ 1106, 1110, 1198, 2467, 3258, 3376

--Game and Fish; deer hunting; safety precautions _______ 2235, 2239, 2318, 2801, 3199, 3342, 3377

--Insurance; fees and licenses __________________________ ..._--928, 929, 1018

--Coweta Judiical Circuit; add one judge _____________________________ _______ ..2235, 2239, 2318, 2467

--Alcoholic beverage license; fingerprints prerequisite to issuance _____ 871, 922, 924, 1154

--Malt beverage license; fingerprints prerequisite to issuance __._._____.____,, _____._.871, 923, 924, 1156

--State Board of Pardons and Paroles; compensation for certain persons __._,,,,_________

2234, 2238, 2317, 2992

--Trucks; multiple lane streets

and highways; use lane farthest

to the right

,,,,

715, 718, 796, 1483, 3620

--Department of Transportation; Federal parkways ______________________________._______2490, 2544, 2607

--Atlanta, City of; ad valorem tax; maximum limitation _______________________-__1571, 1573, 1653

SB 171
SB 172 SB 173 SB 175 SB 176 SB 177
SB 178 SB 180 SB 185 SB 186 SB 187 SB 189 SB 190 SB 195 SB 196 SB 197 SB 201 SB 202 SB 203 SB 206 SB 209 SB 213 SB 214
SB 218 SB 219 SB 220

INDEX

4145

--Savannah, City of; composition of

mayor and council _____.___.________-_716, 718, 796, 2803, 2832, 3097,

3098, 3159

--Veterans and veterans' dependents;

scholarships ___._._____.______.______..-_,,_.------....______._.___.2095, 2096, 2191

--Child Support Recovery Act;

enact --_...-- 1670, 1671, 1758, 2193, 3063

--Criminal Code; firearms ........._..____.__._..-............_..2635, 2779, 2793

--Child abuse; reports by school

system employees ________-___-_._._.__-________..___.______--...1225, 1227, 1312

--Adoption; financial assistance by the

Department of Human Resources ___.___.___._______.1226, 1227, 1313,

2193, 3195

--Richmond County; law librarian's

salary ____.__________.__________.__.________._._.________._____._.2484, 2544, 2607, 2800

--Interstate Compact on Mental

Health; enact ._..___._.-....._..............______________.-..871, 923, 1481, 3084

--Mental health; rights of persons _______.__.______.871, 923, 2799, 3251

--Department of Human Resources;

employees of institutions _________..._.._..__._._______________.871, 923, 2801

--Cobb County State Court; office

of magistrate ___________-...................._.._______.__._..........925, 929, 1019

--Pulton County Board of Commissioners;

composition ______.__._..__.............._.__...._.2641, 2779, 2793, 3349, 3352

--Juvenile Court Code; jurisdiction ........ 1912, 1915, 2000

--Hospital authorities; define

"project" __________________...____.___.__._____.__.1390, 1393, 1480, 2193, 3020

--Motor Vehicle Certificate of Title Act;

bonds ___________..__....____.___..___..____________.__.1107, 1111, 1198, 2466, 3587

--Department of Family and Children

Services; felonies; plea of nolo contendere --1912, 1915, 2000

--Georgia Veterinary Practice Act;

licenses _._............_.......__._.___............___..1107, 1111, 1198, 1760, 3081

--State employees' insurance; deferred

compensation program

. . 2490, 2544, 2607, 2799, 3292

--Fiduciaries; banks, etc.; securities

depository ......_........._._.......... 1107, 1111, 1198, 1506, 2005, 3054

--Grand juries; special charges ....... 1779, 1782, 1892, 2196, 3248

--Department of Offender Rehabilitation;

transfer of prisoners ............1912, 1915, 2000, 2801, 3588, 3681

--Estates; insurance investments by executors or trustees ..__.______ 1107, 1111, 1198, 2800, 3020, 3159

--Motor vehicles; traffic permitted to turn right when facing red or stop signal ._..._..____............___ 1913, 1916, 2000, 2319, 3070, 3377

--Atlanta, City of; Municipal Court; court counselor .__..__._.________.__.__._.._...3054, 3125, 3131, 3349, 3356

--Cross and Green, City of; incorporate ................. 925, 929, 1019

--Minors; malicious or wilful destruction of property ........................................__._...__.........1512, 1515, 1558

4146 SB 226 SB 227 SB 229 SB 230 SB 231 SB 232 SB 233 SB 236 SB 237 SB 238 SB 239 SB 240 SB 241 SB 242 SB 243 SB 246 SB 249 SB 250 SB 251 SB 252 SB 254 SB 255 SB 257 SB 259 SB 260 SB 261

INDEX
--Incarceration for murder or rape; eligibility for parole ------____----------------1513, 1515, 1559
--Area Planning and Development Commissions; contracts .--._..----_--------------1780, 1782, 1892
--Georgia Health Code; sworn affidavits relating to violations ---------------------.1572, 1574, 1653, 2799
--North Georgia Mountains Authority; membership; bylaws ----........ 2490, 2545, 2607, 2801, 3034
--White County Water and Sewerage Authority; create ----_________.1390, 1393, 1480, 3135, 3138, 3378
--Schools; loitering on school premises -----.----..-...-1780, 1782, 1892, 2610, 3528, 3680
--Stone Mountain Memorial Association Act; eminent domain powers ------------------ 1913, 1916, 2000
--Dependent children; District Attorney required to represent plaintiff .---- 1779, 1782, 1893, 2466, 3587
--Adoption; parent's failure to provide support abandonment --------------._------..---- 1913, 1916, 2000
--Department of Transportation; employment of personnel ... 1913, 1916, 2001, 2319, 3085, 3375
--Fulton County fire prevention systems; unincorporated areas ----------------1671, 1574, 1654, 3349, 3353
--Fulton County; Civil Court; records ----------------_..._------..----1390, 1393, 1480, 3349, 3353
--Fulton County Criminal Court; records ------------------------__------ 2039, 2095, 2190, 2467, 3195
--Fulton County Tax Commissioner; tax deeds .................__...__1390, 1393, 1480, 3349, 3356
--Fulton County Tax Commissioner; transfer of tax fi. fas ......................1390, 1393, 1480, 3349, 3357
--Fulton County; tax levy .........._..._..------._----_------1571, 1574, 1654 --Department of Transportation; mass
transportation systems ........... 1329, 1330, 1375, 1894, 3121, 3378 --Georgia Airport Licensing Act
of 1973; enact ------------------------------------1392, 1393, 1480 --Drug sellers; rewards for arrest
and conviction ___.______...........--------2042, 2096, 2191, 2800, 3117 --Grand jurors; qualifications ................. 2642, 2779, 2793, 2991, 3254 --Schools; course in Federal and
State governments ............. ------2039, 2096, 2191, 2610, 3081
--Sea oats; cutting, harvesting, removing or eradicating ..................1390, 1394, 1480, 2320, 3081
--Georgia Historical Commission; transfer functions ----------_------__._----------.._...1670, 1672, 1758
--Juvenile Court Code; detention of minors .....................................................1772, 1783, 1893
--Alcoholic beverage license; domestic producers ................................._..............__...1327, 1330, 1375
--Atlanta, City of; Mayor's qualifications ----------------------------------..2485, 2545, 2607

SB 261 SB 262
SB 263 SB 265 SB 266 SB 267
SB 270 SB 272 SB 274
SB 275 SB 276 SB 279 SB 282 SB 284 SB 285 SB 288 SB 289 SB 295 SB 298 SB 299 SB 300 SB 301 SB 304 SB 305 SB 306 SB 307

INDEX

4147

--Atlanta, City of; Mayor's qualifications _.-._______._.._____-..____.-_.____.____.________.__.__.2485, 2545, 2607
--Department of Public Safety; identification cards to handicapped persons -----.--..1913, 1916, 2001, 2320, 3034, 3378
--Oakwood, City of; minimum width of streets __...----.._----_._..----1390, 1394, 1480, 3349, 3357
--Marijuana; penalty for possession _._..------_.._.___--------1572, 1574, 1654, 2467, 3121, 3375
--Social Security Act; Cooperative educational service agencies .....----.1391, 1394, 1481, 2611, 3020
--Workmen's Compensation; accidents due to alcoholism or drug addiction .------_.----..----...----.1327, 1330, 1375, 2194, 3258
--Watkinsville, Town of; Mayor's election; Council Posts .___...._ 1391, 1394, 1481, 2803, 2830, 3083
--Office of Planning and Budget; reimbursement of expenses ----------..---- ..1670, 1672, 1758, 2991
--Workmen's Compensation; State retirement systems; legal services --------.----------..----1670, 1672, 1759, 2006, 3067
--State Board of Pardons and Paroles; membership -..----.. 1670, 1672, 1759, 2005, 3027, 3280
--Theory of Evolution; equal academic freedom for courses in divine creation --_--..__ 3291, 3335, 3348
--Criminal Code; bingo games ...... ... 1513, 1515, 1559, 2004, 3022 --Richmond County Civil Court;
amend Act creating ....................... 2676, 2782, 2795, 3135, 3140 --Employment Security Law;
amend Act .....__.._......_._..._.._....._......___.1512, 1515, 1559, 2194, 3258 --Department of Transportation;
ports, seaports and Harbors .............1391, 1394, 1481, 1894, 2967 --Intangible tax returns; exemptions ......................2491, 2545, 2607
--Motor vehicles; flashing or revolving blue or red lights .............................2234, 2238, 2318, 2466, 3286
--Charitable trusts; Attorney General; supervision of administration ........ ...... .-2360, 2543, 2606, 3134
--Grand and traverse jurors; selection ................ 2543, 2779, 2793
--Prescription eyeglasses or sunglasses; manufacturer's regulations ........... 2636, 2779, 2793, 2799, 3022
--Appeals; transfer of prisoners while appeals are pending ............................_.._...._._...2235, 2238, 2318
--Banks; director's qualifications 2043, 2096, 2191, 2798, 3049
--Health care; dentistry and podiatry ................................... .1780, 1783, 1893, 2464, 2973
--Podiatrists; change definition ........... ..... 1913, 1917, 2001, 2975
--Thomas County; Small Claims Court; create ... ....... ---- .--..--------------1571, 1574, 1654, 3135, 3141
--Bad faith; attorney's fees ..................1914, 1917, 2001, 2467, 3392

4148 SB 308
SB 309 SB 310 SB 311 SB 312 SB 313 SB 314 SB 321 SB 322 SB 323 SB 324 SB 325 SB 326 SB 327 SB 328 SB 331 SB 332 SB 334 SB 335 SB 336
SB 338 SB 339
SB 341 SB 348 SB 349

INDEX

--Motor vehicle warranty on sale

and manufacture; energy

absorption system __....____....._._,,_.._.___. 2490, 2545, 2607, 2802, 3250

--Nurse anesthetists; educational

standards

..

2490, 2545, 2608, 2799, 3199

--Estates; administrators required

to give bond ._._.__.....___........____.__.___.___.1914, 1917, 2001, 2467, 3385

--Estates; administrators required

to give bond _.__....._________....________...__...__ 1914, 1917, 2001, 2802, 3386

--Fiduciaries; investments ____._-..__.___._-..._-__....._..._____.1914, 1917, 2001

--Thomasville, City of; Board of

Education; election ....._______....._.___.....1772, 1783, 1893, 3135, 3141

--Department of Transportation;

drawbridges

_..._____. 1914, 1917, 2002, 2319, 3250, 3375

--Metropolitan Atlanta Rapid Transit

Authority; Board of Directors ......_.__.._. 2708, 2783, 2796, 3135

--Dade County; Commis

sioner's salary ____________...._.._____..__..__.____.1772, 1783, 1893, 2803, 2831

--Dade County; Sheriff's salary ....___.. 1772, 1783, 1893, 2803, 2831

--Dade County; Ordinary's salary .....__.1772, 1784, 1893, 2803, 2831

--State Board of Pardons and Paroles;

powers and duties ___._....__________.._..__. 2359, 2360, 2463, 2991, 3302

--State Board of Pardons and Paroles;

aged and disabled inmates _________________________________ 2636, 2779, 2794

--Miller County; State Court;

solicitor's fees

__

2036, 2097, 2192, 2613, 2628

--Richmond County; Sheriff's

salary ___...._____.___....._______....._.._.____.....__.2641, 2780, 2794, 3135, 3141

--Guardians; appointment because of

mental incompetence ....___..____....___._. 2358, 2360, 2463, 3134, 3540

--Minors and insane persons; Ordinary's

responsibility __..._...

.

2358, 2361, 2463, 2799, 3259

--Estates; administrators; annual returns

of expenditures ......_..............__.___... 2359, 2361, 2463, 2800, 3304

--Student loans; academic

classification .__._._....._....._._._......_.._._ 2358, 2361, 2464, 2994, 3585

--State Properties Control Commission; Georgia Ports Authority .._....... 2360, 2361, 2464, 2468, 3194, 3348, 3378
--Criminal Bonds; sureties; compensation _._-......______._.__......._...._......-_..2642, 2780, 2794, 2802

--Corporate stocks; shares; vote required to increase or decrease _...._..._.-- ......__.___._. 2491, 2545, 2608, 2798, 3115, 3680

--Clarke County Board of Commissioners; create new Board _._._........... 2036, 2097, 2192, 3135, 3138, 3378

--Property reevaluation and appraisal; five-year periods _._..........__.___.............

. 2636, 2780, 2794

--Miller County State Courts; documents .._......_................__.___.... 2231, 2238, 2318, 2613, 2629

SB 353 SB 354 SB 355 SB 358 SB 361 SB 364 SB 365 SB 366 SB 367 SB 368
SB 369
SB 370 SB 371 SB 372 SB 374 SB 377 SB 378 SB 379 SB 380 SB 381 SB 385 SB 387
SB 388
SB 389
SB 390
SB 391
SB 392

INDEX

4149

--Cooperative Marketing Act; fisheries products ........___-.....____.... 2236, 2239, 2318, 3134, 3473

--Milledgeville, City of; corporate limits .___.,,.. 2231, 2238, 2318

--Plea bargaining; provide for ___......_.____ .2636, 2780, 2794, 2991

--Georgia State Financing and Investment Commission; provide for ...... 2679, 2783, 2797, 2992, 3264
--Lexington, City of; create new charter _______...___......_____.......___._...._.___.2485, 2546, 2608, 2993, 3004

--DeKalb County Juvenile Court;

judge's salary ..._....._ 2485, 2546, 2608, 2993, 3005, 3378 --Mountain Judicial Circuit; District
Attorney; investigator ________________ 2846, 2979, 2988, 2993, 3142 --State employees; travel expenses ... 2642, 2780, 2794, 2992, 3256 --Supreme Court; appointment of
bar examiners ..................... 2491, 2546, 2608, 2991

--Atlanta, City of; sales of alcoholic

beverages for consumption during certain hours .... --Estates; trust deemed executory may not be revoked if

2847, 2980, 2988, 3349, 3354

irrevocable ...

2491, 2546, 2608, 2802, 3050, 3378

--Estates; fiduciary powers ..._.._..._ 2491, 2546, 2609, 2800

--Criminal Code; National Firearms Act __. 2492, 2546, 2609, 2802

--Georgia Firearms and Weapons

Act; amend -..-__.... 2492, 2547, 2609, 3133

--Evans County; Sheriff's deputies;

appointment ........ _..... 2633, 2780, 2794, 2993, 3005

--State Properties Code; provide

for

.

.. 2643, 2781, 2794, 2992, 3527, 3583, 3585, 3679

--Hit-and-run drivers causing injury or death; felony _______.._______..._______...________. 2709, 2784, 2797, 3134

--Guardians; incapacitated persons _..._........ 3009, 3125, 3131, 3133

--Mental illness; ordinary's duties;

emergency receiving facilities ._._

2643, 2781, 2795

--Alcoholics and drug addicts; ordinary's

duties; emergency receiving facilities ............ 2643, 2781, 2795

--Georgia Firearms and Weapons Act; mutilation of serial numbers _____ ______ 2643, 2781, 2795
--Practice of medicine; define certain terms __________________________________ 2637, 2781, 2795, 2799, 3680

--Richmond County; elected officials' salaries ______________________ 2641, 2781, 2795, 3135, 3142

--Enigma, Town of; municipal election date ____________________________ 2847, 2980, 2988, 3349, 3357

--Berrien County; Sheriff's salary _______________________ 2847, 2980, 2989, 3135, 3135, 3379

--Berrien County; Tax Commissioner's salary .__........._.......................... 2847, 2980, 2989, 3135, 3142

--Berrien County; Board of Commissioners' salaries _____ 2847, 2980, 2989, 3135, 3136, 3376

4150
SB 393
SB 394
SB 395
SB 398
SB 399 SB 400
SB 403 SB 404
SB 405 SB 406 SB 408
SB 409
SB 412
SB 413
SB 414 SB 415 SB 417 SB 419 SB 420

INDEX
--Department of Human Resources; marriage manual _,,_________._,,,,___________ 2945, 2982, 2990, 2991, 3307
--Municipal Home Rule; salaries ____...._______..__..__ 2894, 2981, 2990, 3135, 3528, 3546, 3583
--Savannah, City of; Tybee Island; corporate limits _____.__.____________,,________ 2678, 2784, 2797, 2993, 3006
--Richmond County Board of Tax Assessors; create __________________________ 2676, 2782, 2796, 3349, 3353
--Hall County; Coroner's salary ______ 2847, 2980, 2989, 3349, 3358 --Shoplifting; unwarranted false
arrest suits ____.,,________.___________,,________.________,,____________. 2851, 2981, 2989 --Dawson County; Sheriff's salary __. 2851, 2981, 2989, 3135, 3143 --Morganton, Town of; amend
act incorporating ________.._______________ 2851, 2981, 2989, 3349, 3358 --Fannin County; Ordinary's salary ___ 2851, 2981, 2990, 3349, 3358 --Fannin County; Sheriff's salary _______________________ 2851, 2981, 2990 --Richmond County; employees
and elected officials; compensation _______________________ 2709, 2782, 2796, 3135, 3137, 3379 --Chatham County Board of Education; create _._,,___________. 2678, 2784, 2797, 2993, 3006, 3379 --Fulton County Airport; change name to Charlie Brown Airport __________._,,_______ 3244, 3335, 3348 --Clarkesville, City of; repeal and replace charter ______ ________.-______._._-________..-____3054, 3126, 3132 --Dahlonega, City of; Recorder's qualifications ._..._ 3054, 3126, 3132, 3349, 3359 -- Rabun County; Coroner's salary ___ 3054, 3126, 3132, 3350, 3359 --Rabun County; Sheriff's salary ... _ 3054, 3126, 3132, 3350, 3559 --Habersham County State Court; secretary for the Solicitor ..________ 3054, 3126, 3132, 3349, 3354 --Blue Ridge, City of; ad valorem tax rate ______ 3244, 3335, 3348

INDEX

4151

Part V

SENATE RESOLUTIONS IN HOUSE

SR 3 SR 5 SR 9 SR 10 SR 11 SR 12
SR 13 SR 25 SR 26
SR 30 SR 32 SR 33 SR 37 SR 38 SR 46 SR 50 SR 53 SR 62 SR 63 SR 64 SR 66 SR 76 SR 78

--Senate; Notify House that Senate has convened -,,___._-.. 34, 84 --Ad valorem tax; homestead exemption;
increase; amendment to the Constitution --... __...._..-873, 923 --Milledgeville-Baldwin County Recreation
Commission; transfer control ______.370, 374, 425, 428, 504, 872 --Courts; venue of all cases; amendment
to the Constitution .,,,,._.,,____..___.____._.. 370, 374, 425 --Unified Judicial System; amendment
to the Constitution ____________._...__.________494, 495, 571, 573, 741, 872 --Supreme Court and Court of Appeals;
jurisdiction; amendment to the Constitution ..__._____...__.___._.______.^_.__..1513, 1514, 1558, 1761, 3059 --Civil and criminal cases; jury panels; amendment to the Constitution ___.__._. 1107, 1108, 1196, 2800 --Senate; four-year terms for members; amendment to the Constitution ,,_.__.__._...-...,,. 1108, 1108, 1196 --House of Representatives; four-year terms for members; amendment to the Constitution ,,...._.,,-.-...___._.._,,,,... .....1107, 1108, 1196 --Disabled veterans; homestead exemption; amendment to the Constitution ...__...___...----....1108, 1109, 1196 --General Assembly; changes; amendment to the Constitution .,,...--....2236, 2239, 2319 --Department of Transportation; architectural firms _______...-...._.. ...._______.872, 873, 922, 1314, 3065 --Williams, Honorable J. Sid; express sympathy for passing of ,,_,,,,..--_....__.,,._----._--.... _ 370, 456 --Carmichael, Honorable James V.; express sympathy for passing of ...--....._.______....,, ,370, 457 --Pattern Jury Instructions Study Committee; create __,,___. ..---__._.___._^.1391, 1392, 1479, 1761 --Baldwin County; convey property ..1108, 1109, 1197, 1485, 2654 --Multi-State Transportation Route Advisory Board; endorse .__..__.__-..............-.575, 591, 1314, 1676 --Baldwin County; convey property ...........___.____...1326, 1329, 1374 --Baldwin County; convey property .... . .........1326, 1329, 1374 --Butts County; convey property _..--..-_--........._....-..1326, 1329, 1374, 2801, 3019, 3159 --Criminal Law Study Committee; commend __.--...........--.650, 813 --Milk; support price for manufacturing .._..__,,____._.__._... ..1391, 1392, 1479, 1894, 3252 --Non-residents; reciprocal agreements with other states regarding motor vehicles .............._.._....__._........._........____._.....2679, 2783, 2797

4152 SR 81 SR 82 SR 85 SR 93 SR 94 SR 100 SR 102 SR 103 SR 109 SR 110 SR 111
SR 112 SR 118 SR 119 SR 122 SR 126
SR 131 SR 138 SR 142 SR 147 SR 152 SR 153 SR 168 SR 178 SR 184

INDEX
--Meriwether County; convey property _._.__----._._.__.----______..1326, 1329, 1375, 2468, 2651, 3012
--Department of Transportation; commend employees ....._.----_..._----,,----__.____.--..........872, 1147
--Debts incurred; limitations; amendment to the Constitution ----_._.-- 2679, 2783, 2796, 3135
--Veterans; educational assistance grants; amendment to the Constitution ------------.....--1572, 1573, 1653
--Grand and traverse juries; selection; amendment to the Constitution ----..----------2542, 2778, 2792
--Mobile homes; ad valorem tax assessment amendment to the Constitution ..........__.____.....___1914, 1915, 1999
--Richmond County; convey property ----_..._.----..__._._----------..1780, 1781, 1892, 2196, 2654
--Richmond County; convey property ------...--------.__----------1781, 1781, 1892, 2196, 2653
--Dickie Starnes Memorial, Inc.; lease property ...------.--------------2042, 2095, 2190, 2801, 3019
--Richmond County; consolidation; amendment to the Constitution _..____._........_.._._.2094, 2096, 2191
--Southern Natural Gas Company; property easements in Chatham County ---------.----------....._.------1914, 1915, 2000, 2468, 2966
--Oconee County; traffic ordinances; amendment to the Constitution .-1777, 1782, 1892, 2802, 2840
--Sales Tax Study Committee; create ___........_..._.__.2638, 2778, 2792 --State Properties Control Commission;
lease dated 1/12/60 ...------ 2517, 2547, 2609, 2801, 3343, 3409 --Hill, Mrs. Mary Estes; express
sympathy for passing of...--._......_._.__...................----1572, 1677 --Savannah River Pipeline Corp. &
Continental Can Co.; easement ------._--------------........... 2095, 2097, 2191, 2801, 3091 --Public Service Commission; review of orders; amendment to the Constitution ....._. 2851, 2979, 2988 --Routes from Atlanta to Columbus; directional signs ------------._..---- 2491, 2544, 2606, 3133, 3600 --Timber; North Georgia Mountains --------...2638, 2778, 2793, 2991 --Income tax; exemptions; amendment to the Constitution -------------2643, 2778, 2793 --Fulton County; French Boxcar; transfer ------------...-....----------2517, 2547, 2609, 2610, 3018 --Timber; capital gains treatment; Congress urged to preserve ................___.____.__.._..2708, 2783, 2796 --Georgia Municipal Association; commend .....-- 2489, 2544, 2606 --Moone, Honorable L. C.; express sympathy for passing of ---------.3010, 3125, 3131, 3133, 3388 --Swindle, Major Orson, III; commend ____.__...................2644 2784