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. 2182 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 2184 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 2186 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. 2188 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. 2190 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. 2192 JOURNAL OP THE HOUSE, 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. WEDNESDAY, MARCH 7, 1973 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 2194 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- 2196 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. 2200 JOURNAL OF THE HOUSE, 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. WEDNESDAY, MARCH 7, 1973 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. 2202 JOURNAL OF THE HOUSE, HB 1049. By Messrs. Russell, Logan and Matthews of the 62nd and McDonald of the 12th: A Bill to be entitled an Act to amend an Act placing the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Barrow County upon an annual salary, 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. WEDNESDAY, MARCH 7, 1973 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. 2204 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 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 2205 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. 2206 JOURNAL OF THE HOUSE, 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, WEDNESDAY, MARCH 7, 1973 2207 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) 2208 JOURNAL OF THE HOUSE, 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 WEDNESDAY, MARCH 7, 1973 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- 2210 JOURNAL OF THE HOUSE, 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. WEDNESDAY, MARCH 7, 1973 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; 2212 JOURNAL OF THE HOUSE, 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." 2214 JOURNAL OF THE HOUSE, 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 2216 JOURNAL OF THE HOUSE, 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. 2218 JOURNAL OF THE HOUSE, 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. 2220 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. 2224 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 2226 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". 2228 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. 2250 JOURNAL OF THE HOUSE, 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. 2252 JOURNAL OF THE HOUSE, 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 2254 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. 2256 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: 2258 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." 2260 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. 2262 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 .._.......-.-._........-.._..-...._.$190,846,000 56,073,000 2282 JOURNAL OF THE HOUSE, Q. Administrative Services .___.___.___.____.__.___.____._.___..___..$ 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 JOURNAL OF THE HOUSE, 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 $155,000 in F. Y. 1974. Such amount shall be available for further tax evalua tion loans to counties. 2288 JOURNAL OF THE HOUSE, C. Motor Vehicle Tag Purchases _-..-- ---$ 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. 2326 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) 2330 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- 2332 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 2334 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 2336 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: 2338 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: 2340 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. 2356 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 2358 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. 2360 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 2364 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. 2366 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 2368 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. 2370 JOURNAL OF THE HOUSE, 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 2382 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. 2384 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- 2386 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 2388 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. 2390 JOURNAL OP THE HOUSE, (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: 2392 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 2394 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: 2434 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. 2456 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. 2460 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. 2462 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 2470 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 2472 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 2564 JOURNAL OF THE HOUSE, 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- FRIDAY, MARCH 9, 1973 2565 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. 2566 JOURNAL OF THE HOUSE, (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 FRIDAY, MARCH 9, 1973 2567 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 2568 JOURNAL OF THE HOUSE, 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 FRIDAY, MARCH 9, 1973 2569 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 2570 JOURNAL OF THE HOUSE, 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. FRIDAY, MARCH 9, 1973 2571 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 2572 JOURNAL OF THE HOUSE, 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. FRIDAY, MARCH 9, 1973 2573 (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 2574 JOURNAL OP THE HOUSE, 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. FRIDAY, MARCH 9, 1973 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: 2576 JOURNAL OP THE HOUSE, (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 2577 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; 2578 JOURNAL OF THE HOUSE, (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 2580 JOURNAL OF THE HOUSE, 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. 2584 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; 2586 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. 2588 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. 2590 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. 2592 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 2600 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 2602 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 2604 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- 2608 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- 2610 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, 2650 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. 2652 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 2656 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. 2658 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 2660 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. 2662 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. 2664 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%. 2668 JOURNAL OF THE HOUSE, On the adoption of the amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. 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. MONDAY, MARCH 12, 1973 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 MONDAY, MARCH 12, 1973 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. 2676 JOURNAL OF THE HOUSE, 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: MONDAY, MARCH 12, 1973 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 2678 JOURNAL OF THE HOUSE, 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. MONDAY, MARCH 12, 1973 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 2680 JOURNAL OF THE HOUSE, 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. MONDAY, MARCH 12, 1973 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: 2682 JOURNAL OF THE HOUSE, (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 2684 JOURNAL OF THE HOUSE, 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 2685 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. 2686 JOURNAL OF THE HOUSE, 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. MONDAY, MARCH 12, 1973 2687 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 2688 JOURNAL OF THE HOUSE, 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 2689 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; 2690 JOURNAL OF THE HOUSE, (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. MONDAY, MARCH 12, 1973 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 2692 JOURNAL OF THE HOUSE, 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. MONDAY, MARCH 12, 1973 2693 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 2696 JOURNAL OF THE HOUSE, 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 2700 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 2701 (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 JOURNAL OF THE HOUSE, 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. 2716 Russell, J. Shanahan Thomason JOURNAL OF THE HOUSE, 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. 2718 JOURNAL OF THE HOUSE, 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, 2720 JOURNAL OF THE HOUSE, (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. 2722 JOURNAL OF THE HOUSE, (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. 2724 JOURNAL OF THE HOUSE, 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 2726 JOURNAL OF THE HOUSE, 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. MONDAY, MARCH 12, 1973 2727 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. 2728 JOURNAL OP THE HOUSE, 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 MONDAY, MARCH 12, 1973 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 2730 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. 2734 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, 2740 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: 2742 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 2760 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 2762 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. 2764 JOURNAL OF THE HOUSE, 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. 2766 JOURNAL OF THE HOUSE, 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 2768 JOURNAL OP THE HOUSE, 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 2772 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. 2774 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. 2776 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. 2780 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. 2784 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. 2786 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. 2790 JOURNAL OF THE HOUSE, 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 2792 JOURNAL OF THE HOUSE, 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. 2794 JOURNAL OF THE HOUSE, 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 TUESDAY, MARCH 13, 1973 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 2796 JOURNAL OF THE HOUSE, 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 2798 JOURNAL OF THE HOUSE, 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. 2802 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. TUESDAY, MARCH 13, 1973 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, 2804 JOURNAL OF THE HOUSE, 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 TUESDAY, MARCH 13, 1973 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. 2806 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; 2808 JOURNAL OP THE HOUSE, (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- TUESDAY, MARCH 13, 1973 2809 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 2810 JOURNAL OF THE HOUSE, 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: TUESDAY, MARCH 13, 1973 2811 (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; 2812 JOURNAL OF THE HOUSE, (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. TUESDAY, MARCH 13, 1973 2813 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. 2814 JOURNAL OF THE HOUSE, (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. TUESDAY, MARCH 13, 1973 2815 (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 2816 JOURNAL OF THE HOUSE, 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 TUESDAY, MARCH 13, 1973 2817 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 2818 JOURNAL OP THE HOUSE, 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. TUESDAY, MARCH 13, 1973 2819 (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 2820 JOURNAL OF THE HOUSE, 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. 2824 JOURNAL OF THE HOUSE, (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 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 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. 2830 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 2836 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, 2838 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- 2840 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: 2846 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 TUESDAY, MARCH 13, 1973 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. 2860 JOURNAL OP THE HOUSE, 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 TUESDAY, MARCH 13, 1973 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. 2862 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. 2864 JOURNAL OF THE HOUSE, 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. 2866 JOURNAL OF THE HOUSE, 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. TUESDAY, MARCH 13, 1973 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- 2868 JOURNAL OF THE HOUSE, 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- 2870 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 2872 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." 2882 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 2890 JOURNAL OF THE HOUSE, 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 TUESDAY, MARCH 13, 1973 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." 2892 JOURNAL OF THE HOUSE, 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. TUESDAY, MARCH 13, 1973 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. 2894 JOURNAL OF THE HOUSE, 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: TUESDAY, MARCH 13, 1973 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. 2896 JOURNAL OF THE HOUSE, The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 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 TUESDAY, MARCH 13, 1973 2897 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 2898 JOURNAL OF THE HOUSE, 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. 2900 JOURNAL OF THE HOUSE, 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. TUESDAY, MARCH 13, 1973 2901 (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. 2902 JOURNAL OF THE HOUSE, 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 TUESDAY, MARCH 13, 1973 2903 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 2904 JOURNAL OF THE HOUSE, 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- 2906 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. 2908 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 2922 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: 2924 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: 2926 JOURNAL OF THE HOUSE, 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. TUESDAY, MARCH 13, 1973 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. 2928 JOURNAL OF THE HOUSE, 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 2930 JOURNAL OF THE HOUSE, 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; TUESDAY, MARCH 13, 1973 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. 2932 JOURNAL OF THE HOUSE, 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 TUESDAY, MARCH 13, 1973 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 2934 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. 2990 JOURNAL OP THE HOUSE, 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. 2992 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. 2994 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 2996 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 2998 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. 3000 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. 3002 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. 3004 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. 3006 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: 3008 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. 3022 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 3026 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: 3028 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. 3032 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, 3034 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. 3040 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 3042 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 3044 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. 3046 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 3047 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 3052 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 3056 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- 3058 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- 3060 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. 3070 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. 3098 JOURNAL OF THE HOUSE, 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 3100 JOURNAL OF THE HOUSE. 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 WEDNESDAY, MARCH 14, 1973 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. 3102 JOURNAL OF THE HOUSE, 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 3104 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. WEDNESDAY, MARCH 14, 1973 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 $9,600.00 per annum. Such compensation shall be paid in equal monthly installments by the authority having charge of the fiscal affairs of Cobb County in the same manner as other county expenses are paid or upon the order of the presiding judges of said circuit. Said salary compensation shall be in lieu of all fees and any other compensation provided by law for attending the superior courts in the county comprising the Cobb Judicial Circuit as directed by the presiding judges of said circuit and the taking down of testimony in the trial of such criminal felony cases as are required by law to be recorded, including a committal court when ordered to do so by said judges at the request of the district attorney of said circuit. (a) That the official court reporters of the superior courts of said circuit shall be paid the following compensation for prepara- 3106 JOURNAL OF THE HOUSE, tion of criminal trial transcripts in the superior courts, and in the state courts of said county; said compensation shall be paid by the authority having charge of the fiscal affairs of Cobb County upon the order of the presiding judges of said circuit: For each legal page 8-%" x 14" and having thereon at least 23 lines, the sum of sixty (60c) cents per page for each transcript copy required by law under Code Section 6-805 (Ga. Laws 1965, p. 18, as amended, and subsequent amendments) ; and the further sum of thirty (30$) 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 WEDNESDAY, MARCH 14, 1973 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 3108 JOURNAL OF THE HOUSE, 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. 3110 JOURNAL OF THE HOUSE, 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: WEDNESDAY, MARCH 14, 1973 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 3116 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. 3118 JOURNAL OP THE HOUSE, 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 3122 JOURNAL OP THE HOUSE, 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. 3126 JOURNAL OP 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 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. 3128 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 3130 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. 3204 JOURNAL OF THE HOUSE, 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. 3206 JOURNAL OP THE HOUSE, The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 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 3208 JOURNAL OF THE HOUSE, 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; 3210 JOURNAL OF THE HOUSE, (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 3212 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. 3214 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 3218 JOURNAL OF THE HOUSE, 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; THURSDAY, MARCH 15, 1973 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. 3220 JOURNAL OF THE HOUSE, (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; THURSDAY, MARCH 15, 1973 3221 (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; 3222 JOURNAL OF THE HOUSE, (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- THURSDAY, MARCH 15, 1973 3223 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; 3224 JOURNAL OF THE HOUSE, (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. THURSDAY, MARCH 15, 1973 3225 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. 3226 JOURNAL OF THE HOUSE, (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 THURSDAY, MARCH 15, 1973 3227 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- 3228 JOURNAL OF THE HOUSE, 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 THURSDAY, MARCH 15, 1973 3229 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; 3230 JOURNAL OF THE HOUSE, (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: THURSDAY, MARCH 15, 1973 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. 3232 JOURNAL OF THE HOUSE, 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. THURSDAY, MARCH 15, 1973 3233 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 3234 JOURNAL OF THE HOUSE, 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. THURSDAY, MARCH 15, 1973 3235 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 3236 JOURNAL OF THE HOUSE, 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 THURSDAY, MARCH 15, 1973 3237 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, 3238 JOURNAL OF THE HOUSE, 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. THURSDAY, MARCH 15, 1973 3239 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 3240 JOURNAL OF THE HOUSE, 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. THURSDAY, MARCH 15, 1973 3241 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 3242 JOURNAL OF THE HOUSE, 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. THUESDAY, MARCH 15, 1973 3243 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 3244 JOURNAL OF THE HOUSE, 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: 3266 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. 3268 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 '...-;-.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: 3272 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- 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 3464 JOURNAL OF THE HOUSE, 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 3466 JOURNAL OF THE HOUSE, 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 3468 JOURNAL OF THE HOUSE, 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. 3472 JOURNAL OP THE HOUSE, 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. 3474 JOURNAL OF THE HOUSE, 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